CASA EX56/08 - Exemption - refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, as amended, provide a framework for the safety of air navigation in Australia, and under the authority granted by the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue regulations and directions to ensure this safety. Specifically, the regulations allow CASA to direct the method of loading persons, goods, and fuel onto aircraft. Air National Australia Pty Ltd has sought an exemption from certain regulations to allow passengers to remain on board their Bombardier Challenger CL600 aircraft during refuelling, a practice typically prohibited to mitigate safety risks. CASA has granted this exemption, recognising the operational challenges at certain ports where passengers have limited access to terminal facilities and would otherwise have to wait on the ramp during refuelling. The exemption is subject to stringent conditions designed to maintain safety, including specific information to be provided to passengers, the presence of operating crew and medical staff, and the connection of aircraft and fuelling equipment to an earth point during refuelling. This legislative instrument is classified as disallowable under the Legislative Instruments Act 2003, requiring its tabling and potential disallowance by the Parliament.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, apply to all aircraft operators within Australia, ensuring that operations meet safety standards. The Act permits the Civil Aviation Safety Authority (CASA) to issue regulations and directions to manage the safety of air navigation, including the loading of persons, goods, and fuel. In the case of refuelling operations, subregulation 235(7) of the Civil Aviation Regulations 1988 allows CASA to give specific directions about the loading of fuel on aircraft, with a general requirement that fuel should not be loaded while passengers are on board. However, CASA can issue exemptions under subregulation 235(11) for aircraft with a seating capacity of less than 20, allowing certain conditions for refuelling with passengers on board. Air National Australia Pty Ltd, an operator of a Bombardier Challenger CL600 aircraft registered as VH-LEF, sought an exemption from the standard refuelling procedures due to logistical challenges at some ports where passengers are not granted terminal access, risking their congregation on the apron during refuelling. CASA granted this exemption, allowing passengers to remain on board under specific conditions designed to mitigate safety risks, such as ensuring passengers are informed of the refuelling process and that the aircraft is earthed during refuelling. The exemption is a legislative instrument and is subject to disallowance under the Legislative Instruments Act 2003. This exemption is effective from the day after its registration until 31 August 2010.

Key Provisions

The Civil Aviation Regulations 1988, as amended, provide a framework for ensuring the safety of air navigation, with particular attention to the loading of fuel on aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to give directions on the method of loading persons, goods, and fuel onto aircraft (Subregulation 235(7) CAR 1988). In accordance with these powers, CASA has issued specific directions under Civil Aviation Order 20.9 (CAO 20.9), which among other things, require that fuel should not be loaded onto an aircraft with passengers on board if the aircraft has a maximum seating capacity of less than 20 (Paragraph 4.2.3 CAO 20.9). However, CASA has the authority to exempt certain aircraft from these requirements if specific conditions are met, as outlined in subregulation 235(11) CAR 1988. The exemption granted to Air National Australia Pty Ltd, operating the Bombardier Challenger CL600 aircraft registered as VH-LEF, permits refuelling with passengers on board under strict conditions. These conditions are designed to mitigate safety risks, such as the requirement that passengers who are capable of understanding must be informed about the refuelling process before it begins, the location of operating crew and medical staff must be known during refuelling, and the aircraft and fuelling equipment must be connected to an earth point while fuel is being loaded (Schedule 2 to the exemption). These conditions are intended to ensure that the safety risks associated with refuelling are adequately managed. Failure to comply with the conditions of this exemption could lead to serious safety issues and may result in enforcement actions by CASA. While specific penalties for non-compliance are not detailed in the text, CASA has the authority to take regulatory action under the Civil Aviation Act 1988 and other related regulations, which could include fines or other enforcement measures. The exemption is also subject to disallowance by Parliament, as it is considered a disallowable instrument under section 6(d)(i) of the Legislative Instruments Act 2003. This legislative oversight ensures that the exemption remains within the bounds of the law and serves the intended safety purposes. The exemption issued by CASA exempts the operator from certain requirements of CAO 20.9, but it remains subject to parliamentary disallowance under the Legislative Instruments Act 2003. This process ensures that the exemption is reviewed and approved by Parliament, providing an additional layer of oversight. While consultation under section 17 of the LIA was not undertaken in this case, the exemption was issued to address specific safety concerns related to passenger presence during refuelling. The exemption is effective from the day after it is registered and will cease to have effect by 31 August 2010, unless otherwise extended or revoked.