CASA EX96/11 – Exemption – use of mobile phones and other electronic devices when loading fuel

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L01789 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Exemption — use of mobile phones and other electronic devices when loading fuel

 

Legislation

Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and the safety of air navigation. Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, maintenance, and airworthiness of aircraft, and design standards for aircraft.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows CASA to grant an exemption from compliance with a provision of the Civil Aviation Regulations 1988 (CAR 1988), CASR 1998 or a Civil Aviation Order (CAO) in relation to a matter mentioned in subsection 98 (5A) of the Act. Subregulation 11.205 (1) provides that an exemption may be made subject to any conditions necessary in the interests of the safety of air navigation. Under these provisions, it is possible to relax certain aviation rules and provide conditional alternatives if it is safe to do so.

 

Loading fuel

Under subregulation 235 (7) of CAR 1988, to ensure safety, CASA may give directions about loading fuel on aircraft. Some of these directions are set out in CAO 20.9.

 

Subsection 4 of CAO 20.9 sets out CASA’s directions under subregulation 235 (7) of CAR 1988 for loading fuel on aircraft. Under paragraph 4.2.2 of CAO 20.9, the operator of an aircraft that has an underwing fuelling system must ensure that fuel is not loaded while passengers are on board, or entering or leaving, the aircraft unless certain conditions are met. One condition, in sub‑subparagraph 4.2.2 (a) (iii), is that passengers must be told that they may not use any electrical equipment (as this might cause fuel vapours to ignite). Under subparagraph 4.2.2 (b), passengers must obey this instruction.

 

Under subparagraph 4.4.3 (b) of CAO 20.9, a person must not, and the pilot in command and the operator must take reasonable steps to ensure that the person does not, operate electrical equipment within 15 metres of the aircraft’s fuel tank filling points, vent outlets or ground fuelling equipment unless the equipment has been inspected and complies with Appendix I of CAO 20.9.

 

Exemption and conditions

The exemption applies only to a turbine engine aircraft, that is either a passenger aircraft with a maximum seating capacity of at least 20 or a cargo aircraft with a payload capacity of more than 3 410 kg, during refuelling (the aircraft), and to the operator, operations personnel, crew and passengers of such aircraft. The exemption exempts these persons from certain provisions of CAO 20.9 which would otherwise prevent the use of certain electronic devices in the cabin of, or outside, the aircraft. The devices are defined as digital mobile telephones, handheld personal digital assistants, devices that transmit using only IEEE 802.11 wireless standard technology and any portable electronic devices not designed to produce a radio frequency emission.

 

The exemption is subject to conditions inside the cabin and outside the cabin so that a device may only be used in restricted circumstances. Outside the cabin, these restrictions are based on the concept of a fuelling zone within which the devices must not be used. The fuelling zone is defined in the instrument as the area that is within 3 metres radially from fuel filling and venting points, fuelling equipment and, if applicable, the hydrant valve in use for fuelling.

 

Inside the cabin

The conditions provide that a person may only use a device in the cabin of the aircraft if the person complies with the conditions. The pilot in command must give permission for the use and the use must stop if the permission is withdrawn. The pilot in command may only give permission if all doors within the fuelling zone are closed and if the aircraft operator has already ensured that radio frequency emissions will not affect aircraft systems, or if they may do so, the effects are corrected by established procedures before the engines start.

 

Outside the cabin

The conditions also provide that only a designated member of the aircraft operator’s operations personnel (a designated operations person) may use a device outside the cabin of the aircraft and then only subject to restrictions.

 

The person may only use a device outside the cabin of the aircraft if it is used outside the 3 metre fuelling zone. The aircraft operator must have trained the person how to identify the fuelling zones associated with relevant aircraft, not to use a device within those zones, to be aware of risks associated with distraction when using a device and how to mitigate those risks. The aircraft operator must have already ensured for the operation, or a class of operations including the operation, that radio frequency emissions will not affect the aircraft’s systems or that procedures are established that will correct any effect the emissions may have before the engines are started.

 

Legislative Instruments Act

The instrument is made under the regulations in relation to matters affecting the safe operation, or the maintenance, of aircraft. It is expressed to apply in relation to a class of aircraft. Therefore, under subsection 98 (5AA) of the Act, the instrument is a legislative instrument.

 

The exemption also affects the operation of sub-subparagraph 4.2.2 (a) (iii), subparagraph 4.2.2 (b) and subparagraph 4.4.3 (b) of CAO 20.9. Under subregulation 5A (1) of CAR 1988, if an instrument affects the operation of anything in a CAO, it is declared to be a disallowable instrument. Under paragraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is declared to be a disallowable instrument by legislation in force before the LIA.

 

The instrument is, therefore, a legislative instrument and as such is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation has not been undertaken because the instrument merely replaces and combines an exemption relating to cargo aircraft (CASA EX78/09), which expired at the end of 31 August 2011, and an exemption relating to passenger aircraft (CASA EX43/08) which expired at the end of 30 June 2011. CASA is not aware of any incidents resulting from the use of those exemptions.

The instrument commences on the day of registration and stops having effect at the end of August 2014.

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
 

[Instrument number CASA EX96/11]

Overview

The Civil Aviation Regulations 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, allow for the safe use of mobile phones and other electronic devices during the refuelling of aircraft through exemptions granted by the Civil Aviation Safety Authority (CASA). These regulations were enacted to address safety concerns associated with the use of electronic devices near fuel tanks and filling points, which could potentially cause fuel vapours to ignite. The instrument in question, CASA EX96/11, consolidates and extends previous exemptions related to passenger and cargo aircraft, providing a uniform regulatory approach to the issue. The policy objective of this legislation is to ensure the safety of air navigation and the operation of aircraft while allowing for the conditional use of electronic devices where it can be demonstrated that such use does not compromise safety. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for ensuring the safe navigation and operation of aircraft in Australia. The regulation at hand specifically addresses the exemption for the use of mobile phones and other electronic devices during the refuelling of certain aircraft. This exemption applies to turbine engine aircraft, including passenger aircraft with a seating capacity of at least 20 and cargo aircraft with a payload capacity exceeding 3,410 kg, during the refuelling process. It also pertains to the operators, operations personnel, crew, and passengers of these aircraft. The exemption allows for the conditional use of specified electronic devices within defined parameters to ensure the safety of air navigation. The exemption is subject to stringent conditions both inside and outside the aircraft to mitigate any potential risks associated with the use of electronic devices near fuel systems. Inside the cabin, the use of electronic devices is permitted only with the explicit permission of the pilot in command, who may withdraw this permission at any time. Additionally, all doors within the fuelling zone must be closed, and the aircraft operator must ensure that radio frequency emissions will not interfere with aircraft systems, or if they may, have established procedures to correct any potential effects before engine start. Outside the cabin, only designated operations personnel trained to identify and avoid fuelling zones, aware of the risks and trained to mitigate distractions, are allowed to use electronic devices, but only if they are outside the 3-metre fuelling zone. The exemption applies to specific provisions in Civil Aviation Order 20.9, and the instrument is classified as a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain aviation safety regulations, including the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (CAO), provided that the exemption does not compromise air navigation safety (subregulation 11.160(1)). This authority is exercised under subsection 98(5A) of the Civil Aviation Act 1988 (the Act), which empowers CASA to issue instruments affecting aircraft safety and operation (subregulation 11.205(1)). One such exemption pertains to the use of mobile phones and other electronic devices during the refuelling of turbine engine aircraft, specifically those with a seating capacity of at least 20 passengers or a cargo payload exceeding 3,410 kg. This exemption applies to the aircraft operator, operations personnel, crew, and passengers. Under the exemption (subregulation 235(7) of CAR 1988), certain electronic devices such as digital mobile telephones, handheld personal digital assistants, and devices transmitting using IEEE 802.11 wireless standard technology can be used under strict conditions. Within the cabin, devices can only be used if the pilot in command gives permission and if all doors within the designated fuelling zone are closed. The pilot in command can only grant permission if the aircraft operator has ensured that radio frequency emissions will not affect aircraft systems or has established procedures to correct any effects before the engines start. Outside the cabin, only designated operations personnel can use these devices, but they must do so outside a 3-metre radial zone from fuel filling and venting points, fuelling equipment, and hydrant valves. The operator must train personnel to identify fuelling zones, avoid using devices within these zones, recognise distraction risks, and mitigate them. Failure to comply with the conditions of this exemption may lead to regulatory and safety violations, potentially resulting in civil or criminal penalties. While the specific penalties are not detailed in the provided text, under the general provisions of the Act, CASA may impose fines and other sanctions for non-compliance with safety regulations. Additionally, CASA may revoke or suspend the exemption if it is found that continued use of the exemption poses a safety risk. This underscores the importance of adhering strictly to the conditions set forth in the exemption to avoid potential legal consequences. The exemption instrument is a legislative instrument under the Legislative Instruments Act 2003 (LIA), which requires it to be tabled and disallowance in the Parliament under sections 38 and 42 of the LIA. This legislative oversight ensures that the exemption aligns with broader legislative intent and safety standards. The exemption is also subject to consultation processes, although in this instance, consultation was not undertaken as it merely consolidates and extends existing exemptions without any reported safety incidents. The exemption is effective from the day of its registration until the end of August 2014, ensuring a temporary application period for evaluation and compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.