CASA EX63/08 – Exemption – refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, establish comprehensive regulations for the safety of air navigation. These regulations are instrumental in maintaining the highest standards of safety for both aircraft operations and passengers. A notable aspect of these regulations is the strict directives regarding the loading of fuel on aircraft, particularly concerning passenger presence during refuelling. Specifically, Civil Aviation Order 20.9 outlines stringent conditions under which passengers may remain on board during refuelling, aiming to mitigate potential fire hazards. However, these regulations pose challenges for certain operators, such as the Royal Flying Doctor Service (Western Operations) Incorporated (RFDS), which operates smaller aircraft and must consider the medical conditions of their passengers. The RFDS's unique operational constraints necessitated a tailored approach to refuelling safety, prompting the introduction of an exemption under the Civil Aviation Regulations 1988. This exemption, detailed in the explanatory statement, allows the RFDS to deviate from certain refuelling requirements while ensuring that passenger safety and operational integrity are maintained. The policy objective of this exemption is to balance operational flexibility with stringent safety standards, thereby facilitating the RFDS's critical mission without compromising safety.

Scope and Application

The Civil Aviation Regulations 1988, amended by the instrument CASA EX63/08, provides an exemption to the Royal Flying Doctor Service (Western Operations) Incorporated (RFDS) concerning the refuelling of their aircraft while passengers are on board. This exemption applies specifically to RFDS aircraft with a maximum seating capacity of less than 20, which operate in circumstances where passengers' medical conditions may deteriorate if they were required to leave the aircraft during refuelling. The exemption allows these aircraft to deviate from certain Civil Aviation Order (CAO) 20.9 requirements, which generally prohibit refuelling with passengers on board, provided specific conditions are met. These conditions include restrictions on the type of fuel used, prohibitions on passengers entering or leaving the aircraft during refuelling, and mandatory safety measures such as ensuring the aircraft and fuelling equipment are earthed and that the cabin door is open while fuel is being loaded. The exemption is subject to conditions that mirror those in CAO 20.9, such as notifying passengers about the refuelling process and prohibiting smoking or the use of electrical equipment. The instrument is declared a disallowable instrument under the Legislative Instruments Act 2003, subjecting it to tabling and disallowance in Parliament. The exemption is effective from the day after registration and ceases to have effect at the end of 30 September 2010.

Key Provisions

The key sections of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.9 (CAO 20.9) detail the procedures and safety requirements for refuelling aircraft, particularly concerning passenger presence. Subregulation 235(7) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions about the loading of persons, goods, and fuel on aircraft, ensuring air navigation safety. Under subregulation 235(11), CASA can exempt certain aircraft from these requirements, subject to specific conditions. Paragraph 4.2.1 of CAO 20.9 prohibits passengers from remaining on board during refuelling with avgas, while paragraph 4.2.2 allows this with anti-static aviation grade turbine fuel under certain conditions. Paragraph 4.2.3 mandates that fuel must not be loaded while passengers are on board smaller aircraft, unless specific conditions are met as per paragraph 4.2.4. The Act imposes specific obligations on aircraft operators, particularly those with a maximum seating capacity of less than 20 passengers. Operators must ensure that fuel is not loaded while passengers are on board or entering/leaving the aircraft, unless exempted. For larger aircraft, they must adhere to the conditions outlined in paragraph 4.2.2, ensuring the fuel is loaded using a system that prevents exposure to the air and informing passengers about the refuelling process. Cabin attendants or medical care providers must be on duty during refuelling, and the aircraft's cabin door must remain open with equipment in position. The pilot in command must be in the aircraft loading area unless refuelling is being conducted. Violations of the Civil Aviation Regulations 1988 and Civil Aviation Order 20.9 can lead to significant consequences. Under section 43 of the Civil Aviation Act 1988, CASA can issue infringement notices for minor breaches, with penalties up to $2,220 for individuals and $11,100 for corporations. More serious breaches may result in prosecution, with potential penalties including fines of up to $222,000 for individuals and $1,110,000 for corporations, as well as imprisonment. The severity of the penalty depends on the nature and extent of the breach and whether it was intentional or due to negligence. The instrument, declared under section 6(d)(i) of the Legislative Instruments Act 2003, is subject to disallowance in Parliament. It exempts the Royal Flying Doctor Service (Western Operations) Incorporated from specific refuelling requirements, allowing overwing refuelling under strict conditions. These include prohibiting fuel types such as avgas and non-anti-static aviation grade turbine fuel, ensuring no passengers are on board or entering/leaving during refuelling unless medically necessary, and maintaining clear evacuation areas. The exemption also requires the pilot in command to be present in the aircraft loading area unless refuelling is being conducted and mandates that the aircraft's cabin door remain open with equipment in position. The operator must take reasonable precautions to reduce fire hazards and halt refuelling if fuel vapour is detected or if it is unsafe to continue.