CASA EX91/08 – Exemption – refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, aim to ensure the safety of air navigation through the regulation of aircraft operations. Specifically, this legislation was introduced to address the need for specific safety protocols during the refuelling of aircraft, particularly concerning the presence of passengers on board. The Civil Aviation (Safety) Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to give directions for the safe loading of persons and goods on aircraft, including fuel, and to exempt certain aircraft from these regulations if specific conditions are met. This particular exemption concerns the refuelling of Gulfstream G-IV and G-V aircraft operated by Crown Melbourne Limited, allowing passengers to remain on board during refuelling, provided stringent safety conditions are adhered to. These conditions include ensuring passengers are aware of the refuelling process, maintaining unfastened seat belts, prohibiting smoking, and having a cabin attendant on duty to supervise and manage any necessary evacuations. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. This legislative measure seeks to balance operational efficiency for corporate jet operators with the paramount need for passenger safety during refuelling.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide extensive regulations for the safety of air navigation, including specific directions for the loading of fuel on aircraft. Pursuant to these regulations, the Civil Aviation Safety Authority (CASA) has issued directions under Civil Aviation Order 20.9 (CAO 20.9) that govern the refuelling of aircraft while passengers are on board. Specifically, CAO 20.9 prohibits larger aircraft, those with a maximum seating capacity of 20 or more, from allowing passengers to remain on board during refuelling with avgas. However, these larger aircraft may permit passengers to remain on board during refuelling with anti-static aviation grade turbine fuel, provided certain conditions are met. Conversely, smaller aircraft, those with a seating capacity of less than 20, must ensure that passengers disembark during refuelling, except in cases where a passenger's medical condition prevents them from leaving the aircraft without assistance. This requirement imposes practical challenges, especially on corporate jet aircraft, where passengers may have to stand on a busy ramp during refuelling if no passenger facilities are available. In response to these challenges, CASA has issued an exemption for specific Gulfstream aircraft operated by Crown Melbourne Limited, allowing passengers to remain on board during refuelling with anti-static aviation grade turbine fuel. This exemption is subject to stringent conditions that mirror those for larger aircraft, including informing passengers about the refuelling process, ensuring seatbelts are unfastened, prohibiting smoking, and maintaining supervision by cabin attendants. The exemption applies to the Gulfstream G-IV and G-V aircraft, which are certified for fewer than 20 passengers but regularly carry a cabin attendant to manage passenger safety during refuelling. The exemption is a legislative instrument under the Legislative Instruments Act 2003, declared as a disallowable instrument, and is subject to tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide for the safety of air navigation, with subregulation 235(7) allowing the Civil Aviation Safety Authority (CASA) to give directions regarding the loading of persons and goods, including fuel, on aircraft. Under Civil Aviation Order 20.9 (CAO 20.9), operators of aircraft with a maximum seating capacity of 20 or more are generally prohibited from allowing passengers to remain on board during refuelling with avgas, but may permit it during refuelling with anti-static aviation grade turbine fuel if certain conditions are met. For aircraft with a seating capacity of less than 20, passengers must disembark during refuelling, unless they cannot leave the aircraft without assistance. However, CASA has the authority under subregulation 235(11) of CAR 1988 to exempt aircraft from these requirements. The obligations imposed by the Act and the associated regulations require operators to follow specific safety protocols during refuelling. For larger aircraft, operators must adhere to conditions outlined in CAO 20.9 if they wish to permit passengers to remain on board during refuelling with anti-static aviation grade turbine fuel. For smaller aircraft, operators must ensure that passengers disembark during refuelling unless they are unable to leave the aircraft without assistance. Additionally, the exemption granted to Crown Melbourne Limited includes conditions that mandate informing passengers of the refuelling process, ensuring their seat belts are unfastened, prohibiting smoking, and maintaining at least one cabin attendant on duty to supervise the refuelling and ensure safety. Breaching the conditions outlined in the regulations or failing to adhere to the exemptions and their conditions can result in penalties. Although the specific penalties for breaches are not detailed in the provided text, it is understood that such breaches could lead to regulatory action by CASA, which may include fines, operational restrictions, or other enforcement measures. The exemption itself, being a legislative instrument, is subject to disallowance by Parliament under the Legislative Instruments Act 2003 (LIA). The exemption issued by CASA for the Gulfstream aircraft operated by Crown Melbourne Limited is effective from the day after its registration until the end of December 2010, subject to potential disallowance by Parliament.