Explanatory Statement
Civil Aviation Regulations 1988
Exemption — refuelling with passengers on board
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Directions under subregulation 235 (7) of CAR 1988 are contained in Civil Aviation Order 20.9 (CAO 20.9). Section 4 of CAO 20.9 sets out particular directions for loading fuel on aircraft. Paragraph 4.2.3 provides that the operator of an aircraft with a maximum seating capacity of less than 20 must ensure that fuel is not loaded on to the aircraft while passengers are on board, or entering or leaving, the aircraft.
Subregulation 235 (11) of CAR 1988 provides that CASA may exempt an aircraft from any of the requirements imposed by regulation 235.
Pratt Aviation Pty Ltd (the operator) operates the Bombardier BD-700 Global Express aircraft with nationality and registration marks VH-VGX (the aircraft). The aircraft is a corporate aircraft certified to carry less than 20 passengers. Corporate jet aircraft are usually serviced and boarded away from passenger terminals. When making refuelling stops there may be no passenger facilities available, resulting in passengers having to stand on a busy ramp area while refuelling takes place. The operator’s Air Operator’s Certificate authorises worldwide operations and, consequently, the aircraft operates over long distances and requires immediate landings for the sole purposes of refuelling. On certain occasions, refuelling must occur in countries where security may be an issue because of the high profile of the passengers usually carried. The ability to refuel while passengers remain on board would enhance their security and minimise turnaround time at these locations.
Under paragraph 4.2.2 of CAO 20.9, passengers on an aircraft with a maximum seating capacity of 20 or more are allowed to remain on board during refuelling if certain conditions are satisfied. These conditions are contained in paragraphs 4.2.1, 4.2.2 and 4.2.5 of CAO 20.9. The operator’s operations manual contains procedures that meet all of the requirements of these paragraphs.
The operator has been significantly affected by the requirement of paragraph 4.2.3 of CAO 20.9 that passengers on an aircraft with a maximum seating capacity of less than 20 may not remain on board during refuelling. The operator has, therefore, requested an exemption from the requirement.
In light of these matters, and taking account of the safety of air navigation, CASA has issued the exemption subject to certain conditions. For example, while passengers may remain on board when fuel is being loaded, they must not board or exit the aircraft. They must be told that fuel is being loaded, that their seat belts must be unfastened and that there must be no smoking, use of electrical equipment or action that could ignite fuel vapour. They must be told the location of the emergency exits. The cabin door must be open and the aircraft and fuelling equipment connected to an earth point. At least 1 cabin attendant must be on duty in the aircraft and the pilot in command must be in the aircraft loading area. The “fasten seat belt” signs must be off. The loading of fuel must stop immediately if fuel vapour is found in the aircraft or if, for any reason, continuation of the loading is not safe.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Because this exemption affects the operation of paragraph 4.2.3 of CAO 20.9, the instrument is a disallowable instrument under regulation 5A of CAR 1988. It is, therefore, a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The operator had an instrument, CASA EX14/06, which ceased to have effect at the end of April 2008 and has now asked for a new instrument similar to the one it had previously. Similar instruments have been issued to other operators to permit the refuelling of aircraft to minimise risk to passengers.
The exemption commences on the day after it is registered and stops having effect at the end of 31 August 2010.
The exemption has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX60/08]
Overview
The Civil Aviation Regulations 1988, as amended, provide a comprehensive framework for ensuring the safety and efficiency of air navigation in Australia. Enacted by the Australian Parliament, these regulations empower the Civil Aviation Safety Authority (CASA) to issue directives and exemptions aimed at maintaining the highest safety standards. One such exemption, detailed in the explanatory statement, was issued to Pratt Aviation Pty Ltd, allowing them to refuel their Bombardier BD-700 Global Express aircraft while passengers remain on board, subject to stringent conditions. This exemption was introduced to address operational challenges faced by Pratt Aviation, particularly during long-haul flights where immediate refuelling stops are necessary, often in locations with heightened security concerns. By permitting passengers to stay on board during refuelling, the exemption aims to enhance passenger security and reduce turnaround times, while ensuring compliance with safety protocols. The exemption is subject to conditions such as the prohibition of boarding or exiting the aircraft during refuelling, informing passengers of the ongoing refuelling process, and the presence of cabin attendants and the pilot in command during the refuelling operation.
Scope and Application
The Civil Aviation Regulations 1988, through the exemption issued under section 98(1) of the Civil Aviation Act 1988, applies to Pratt Aviation Pty Ltd and its Bombardier BD-700 Global Express aircraft, registered as VH-VGX. This exemption allows the operator to refuel the aircraft while passengers remain on board, provided certain safety conditions are met. These conditions include prohibiting passengers from boarding or exiting the aircraft, informing passengers of the refuelling process, ensuring the cabin door is open, the aircraft is earthed, and that at least one cabin attendant is present. The exemption is subject to conditions such as turning off the "fasten seat belt" signs, having the pilot in command in the aircraft loading area, and halting refuelling if fuel vapour is detected or if safety concerns arise. The exemption is specific to aircraft with a maximum seating capacity of less than 20, which are typically serviced away from passenger terminals, thus necessitating this exemption to enhance passenger security during refuelling stops in potentially insecure environments. The exemption, being a legislative instrument, is subject to tabling and disallowance under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are subregulation 235(7), which allows the Civil Aviation Safety Authority (CASA) to issue directions for loading fuel on aircraft, and subregulation 235(11), which allows CASA to exempt an aircraft from any of the requirements imposed by regulation 235. Under subregulation 235(7), directions are provided in Civil Aviation Order 20.9 (CAO 20.9). Specifically, paragraph 4.2.3 of CAO 20.9 states that for aircraft with a maximum seating capacity of less than 20, fuel must not be loaded while passengers are on board or entering or leaving the aircraft. However, subregulation 235(11) allows CASA to exempt an aircraft from this requirement if it deems it safe to do so.
The obligations and requirements imposed by the exemption on Pratt Aviation Pty Ltd (the operator) are stringent to ensure the safety of air navigation. The operator must ensure that passengers are informed that fuel is being loaded, that their seat belts must be unfastened, and that there must be no smoking, use of electrical equipment, or any action that could ignite fuel vapour. Additionally, the operator must ensure that passengers are aware of the location of the emergency exits, the cabin door is open, and the aircraft and fuelling equipment are connected to an earth point. At least one cabin attendant must be on duty in the aircraft, and the pilot in command must be present in the aircraft loading area. The "fasten seat belt" signs must be off, and the loading of fuel must stop immediately if fuel vapour is detected or if the loading is deemed unsafe for any reason. These conditions are designed to mitigate risks associated with refuelling while passengers are on board.
Any breach of the conditions specified in the exemption could result in serious safety violations and potential criminal or civil consequences. Although the specific penalties are not detailed in the provided text, generally, under the Civil Aviation Act 1988, violations of safety regulations can result in significant penalties. For instance, offences under the Act can attract fines up to $216,000 for individuals and $1,080,000 for corporations, depending on the severity and nature of the offence. In addition to financial penalties, a breach of these safety conditions could lead to the suspension or revocation of the operator's Air Operator's Certificate, effectively grounding the aircraft and halting operations. Therefore, adherence to the exemption conditions is critical to avoid severe legal and operational repercussions.