Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1)

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

Legislation au F2011L01503 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1)

 

Purpose

The purpose of this Civil Aviation Order amendment (CAO amendment) is to modify a safety rule in relation to the precautions to be taken during the fuelling of aircraft.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Legislation for CAO amendment

Under subsection 98 (5) of the Act, the regulations may provide that CASA may issue a Civil Aviation Order (CAO) containing a direction.

 

Under subregulation 98 (5AAA) of the Act, a CAO issued under a regulation made under subsection 98 (5) of the Act, is a legislative instrument.

 

Regulation 5 of CAR 1988 provides that wherever CASA is empowered to issue a direction CASA may, unless the contrary intention appears, issue the direction in a CAO.

 

Under subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods, including fuel, on aircraft.

 

CAO 20.9 deals, among other things, with precautions in fuelling in air service operations. Using the powers outlined above, CASA has chosen to give relevant directions concerning the loading of fuel in subsection 4 of CAO 20.9.

 

Paragraph 4.3.4 of CAO 20.9 provides that an aircraft, and all items of fuelling equipment, are to be connected in such a way as to ensure that they are of the same electrical potential.

 

The paragraph states that where a suitable earth point is available at the fuelling site, both the aircraft and the equipment are to be effectively connected to that earth point.

 

Subparagraph (a) in paragraph 4.3.4, goes on to mention that where a fuelling operation is performed by a barge to a seaplane, the barge is to be effectively connected to the aircraft in such a way as to ensure that the barge, the fuelling equipment and the aircraft are at the same electrical potential.

 

Background

Pumping highly refined products such as jet fuel or aviation gasoline (Avgas) for aircraft fuelling generates static electricity. However, the practice of earthing fuelling equipment as a means of dealing with this is no longer considered to be a state-of-the-art practice in aircraft fuelling.

 

Many fuelling operations no longer follow the earthing practice. It is thought that electrical currents from aircraft devices (for example, auxiliary power units) should not be allowed to run through fuelling vehicles to earth but rather through separate earth paths away from fuel sources, which is not practical for fuelling vehicles.

 

When fuelling operations cause differences in electrical potential between a fuelling vehicle (or other fuelling equipment) and the aircraft, bonding is considered to be the optimal method to allow equalization of electrical charges between the aircraft and the vehicle (or other equipment).

 

Bonding is the process of providing electrical continuity between the fuelling vehicle and the aircraft. This avoids the build-up of differences in electrical potential. It is such differences which give rise to the risk of release through a static spark which is “hot” enough to ignite fuel vapour in the right concentration. Fuel vapour is invariably present during fuelling operations.

 

The Australasian Aviation Ground Safety Council Incorporated (the AAGSC), in its Recommended Industry Practice (RIP) for working around aircraft during fuelling (RIP No. 22, issue 1, 1 November 2009), has highlighted the importance of correct bonding in fuelling operations.

 

AAGSC has also alerted to the need to ensure that if the bonding wire is inadvertently disconnected from either the aircraft or the fuelling vehicle (or other fuelling equipment) the fuelling operation should be stopped until bonding is re-established. In practice, a short period must be allowed before reconnecting the bonding wire  this is to allow for the dissipation of static electricity that may have built up.

 

The CAO amendment

In essence, the CAO amendment provides that when fuelling an aircraft, before a fuel tank cap is removed, the aircraft and all fuelling equipment must be bonded, and if bonding is lost, fuel transfer must be stopped immediately and not resumed until the bond is restored.

 

A Note states that if bonding is lost care must be taken before reconnecting the bonding wire to allow for the dissipation of any static electricity that may have built up.

 

Details of the CAO amendment are set out in Appendix 1.

 

Legislative Instruments Act 2003 (the LIA)

As noted above, under subregulation 98 (5AAA) of the Act, a CAO issued under a regulation made under subsection 98 (5) of the Act, is a legislative instrument. The CAO amendment is, therefore, a legislative instrument 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 been undertaken in this case as follows. CASA established Project OS 11/06 and then posted details of the proposed CAO amendment to the CASA website. Here it was available for review and comment by the public and the Standards Consultative Committee (the SCC), a joint CASA/aviation industry consultative forum. Consultation closed on 23 May 2011 and comments received were taken into account, in particular to clarify a definition.

 

Office of Best Practice Regulation (OBPR)

OBPR does not require preparation of a specific Regulation Impact Statement (RIS) because a preliminary assessment of business compliance costs indicates that the CAO amendment will have only a nil to low impact on business.

 

Commencement and making

The CAO amendment comes into effect on the day after it is registered.

 

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

 

[Civil Aviation Order 20.9 Amendment Order 2011 (No. 1)]

Appendix 1

Details of the CAO amendment

1 Name of instrument

 Under this section, the instrument is the Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1).

2 Commencement

 Under this section, the instrument commences on the day after it is registered.

3 Amendment of Civil Aviation Order 20.9

 Under this section, Schedule 1 amends Civil Aviation Order 20.9.

Schedule 1 Amendments

[1] Paragraph 4.3.4

  This amendment substitutes new paragraphs 4.3.4 and 4.3.4A for the previous provision.

 4.3.4The paragraph provides in effect that in fuelling an aircraft, before a fuel tank cap is removed, the aircraft and all fuelling equipment must be bonded; and that if bonding is lost, fuel transfer must be stopped immediately and not resumed until the bond is restored.

 A Note states that care must be taken before reconnecting the bonding wire to allow for the dissipation of static electricity that may have built up.

 4.3.4AThis paragraph defines 3 terms used in the amendment:

 bonded means the aircraft and the fuelling equipment have the same electrical potential; and

 fuelling, includes fuelling and defuelling; and

 fuelling equipment includes mobile fuel tankers, in-ground refuel ports, fuel bowsers, hand pumps, drums, funnels and other loose items of equipment if these are used in the fuelling operation.

Overview

The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1) amends the Civil Aviation Order 20.9, which deals with the precautions to be taken during the fuelling of aircraft. This amendment was enacted to address the safety concerns arising from differences in electrical potential between the aircraft and fuelling equipment during the fuelling process, which can lead to static electricity and the risk of ignition. The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1) was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the powers granted by the Civil Aviation Act 1988. The amendment requires that before a fuel tank cap is removed, the aircraft and all fuelling equipment must be bonded to ensure the same electrical potential, and if bonding is lost, fuel transfer must stop immediately until bonding is re-established. This legislative instrument was subject to consultation with the public and industry stakeholders, and it was determined that it would have a nil to low impact on business compliance costs, thus not requiring a detailed Regulation Impact Statement. The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1) aims to enhance the safety of aircraft fuelling operations by replacing the outdated practice of earthing with the more modern and effective method of bonding. Bonding ensures that the electrical potential between the aircraft and the fuelling equipment remains equal, thereby preventing the build-up of static electricity that could potentially ignite fuel vapour. The amendment reflects the recommendations of the Australasian Aviation Ground Safety Council Incorporated, which stresses the importance of correct bonding in fuelling operations and the need to stop fuelling if the bonding wire is inadvertently disconnected. This legislative instrument, made under the authority of the Civil Aviation Act 1988, is a legislative instrument and was subject to tabling and disallowance in the Parliament, in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1) applies to any person or entity involved in the fuelling of aircraft within Australia, encompassing both domestic and international operations. This includes airlines, ground handling services, and aircraft maintenance organisations that engage in the fuelling of aircraft. The amendment is designed to ensure compliance with safety standards during the fuelling process, specifically focusing on the implementation of bonding practices to mitigate the risks associated with static electricity. The amendment applies nationally across Australia, as it is made under the authority of the Civil Aviation Act 1988, which has jurisdiction over all civil aviation activities within the Commonwealth. While the amendment does not explicitly state any exclusions, it is understood that it applies to all types of aircraft, including fixed-wing and rotary aircraft, and all forms of fuelling equipment. The instrument extends the application of the Act through subordinate legislation, specifically by amending the Civil Aviation Order 20.9, which is a legislative instrument itself, thereby ensuring that the provisions are enforceable and aligned with the overarching safety objectives of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 1) introduces critical changes to the Civil Aviation Order 20.9, focusing on the safety precautions necessary during aircraft fuelling operations. The primary change, found in section 4.3.4 of CAO 20.9, mandates that before a fuel tank cap is removed during the fuelling process, the aircraft and all fuelling equipment must be bonded to ensure they have the same electrical potential (subsection 4.3.4). Bonding is the process of providing electrical continuity between the aircraft and the fuelling vehicle, which prevents the build-up of differences in electrical potential that could lead to a static spark igniting fuel vapour. If bonding is lost during the operation, fuel transfer must cease immediately and not resume until bonding is re-established. Additionally, a note in section 4.3.4A advises that care must be taken before reconnecting the bonding wire to dissipate any static electricity that may have accumulated. The amendment imposes several obligations on parties involved in aircraft fuelling operations. These include ensuring that bonding occurs before commencing the fuelling process and that all personnel involved are aware of the procedures to follow if bonding is lost. The amendment also defines "bonded" as having the same electrical potential, "fuelling" as including both fuelling and defuelling operations, and "fuelling equipment" as encompassing a range of items from mobile fuel tankers to hand pumps and funnels. These definitions help clarify the scope of the amendment and the equipment covered by its provisions. Breaching the requirements set out in the Civil Aviation Order 20.9 Amendment Instrument 20.9 could result in serious consequences. While the specific penalties for non-compliance are not detailed in the text, non-compliance with aviation safety regulations generally can lead to severe civil or criminal penalties, depending on the severity of the breach and its impact on safety. Such penalties could include fines, suspension or revocation of operational licenses, and potential criminal charges for gross negligence or willful misconduct that results in harm. The emphasis on bonding and immediate cessation of fuel transfer if bonding is lost underscores the high stakes involved in ensuring safe aircraft fuelling practices.

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