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.
Subsection 4 of Civil Aviation Order 20.9 (CAO 20.9), made under subregulation 235 (7) of CAR 1988, sets out CASA’s directions for loading fuel on aircraft.
Under paragraph 4.2.1 of CAO 20.9, the operator of an aircraft with a maximum seating capacity of 20 or more may never permit passengers to remain on board during refuelling with avgas. However, under paragraph 4.2.2, the passengers of these larger aircraft may be permitted to enter, leave or remain on board during refuelling with anti‑static aviation grade turbine fuel if certain conditions are met.
Under paragraph 4.2.3, 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. However, under paragraph 4.2.4, the operator may allow passengers to remain on board if their medical condition is such that they cannot leave the aircraft without assistance. One effect of paragraph 4.2.3 is that, unlike passengers on the larger aircraft, passengers on smaller corporate jet aircraft must disembark and reboard on longer flights which require mid‑flight refuelling even with anti-static aviation grade turbine fuel.
Under subregulation 235 (11) of CAR 1988, CASA may exempt an aircraft from any of the requirements imposed by regulation 235, including the directions under CAO 20.9.
Gulfstream aircraft
Crown Melbourne Limited (the operator) operates Gulfstream G-IV aircraft VH-CGF and Gulfstream G-V aircraft VH-CCC (the aircraft). Each is a corporate jet aircraft, certified to carry less than 20 passengers. However, the operator carries a cabin attendant on all operations, among other things, to brief and supervise passengers during refuelling. The operator has been affected by the requirements of paragraph 4.2.3 of CAO 20.9 because, although there is a cabin attendant, the provision does not allow the passengers to remain on board during refuelling.
Corporate jet aircraft are usually serviced and boarded away from passenger terminals. When making a refuelling stop there may be no passenger facilities available, resulting in passengers having to stand on a busy ramp area while refuelling takes place. The option of passengers remaining on board is not available to the operator although its operations manual details procedures that meet all the requirements of paragraphs 4.2.1 and 4.2.2 of CAO 20.9 mentioned above, and also of paragraph 4.2.5 (refuelling to stop if vapour detected in the aircraft).
Exemption
CASA has, therefore, issued an exemption for the aircraft from paragraph 4.2.3 of CAO 20.9 so that passengers may remain on board during refuelling. However, conditions are imposed that are virtually identical to the conditions applying when aircraft with more passengers on board are refuelling.
Conditions
The conditions include telling passengers of the refuelling, that their seat belts must be unfastened and that they must not smoke or cause risk of fuel vapour igniting. There must be at least 1 cabin attendant on duty to ensure passenger safety, maintain discipline and supervise any necessary evacuation. External evacuation areas must be kept clear. The fuel transfer system must be airtight. If the aircraft engine is running, a member of the flight crew must be on duty on the flight deck. The operations manual must specify the responsibilities of the operating crew and set out the procedures for complying with the conditions.
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 the exemption affects the operation of paragraph 4.2.3 of CAO 20.9, the instrument is declared to be 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 because of the specialised nature of the instrument, and of the aircraft and aircraft operations to which it applies.
The instrument commences on the day after it is registered and stops having effect at the end of December 2010.
The exemption has been issued by a delegate of CASA under regulation 7 of CAR 1988.
[Instrument number CASA EX91/08]