{"id":"F2005B01688","name":"CASA 6/1996 - Exemption - Directions under subregulation 235(7) relating to loading fuel","slug":"casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112102,"registerId":"commonwealth-F2005B01688-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 6/1996 - Exemption - Directions under subregulation 235(7) relating to loading fuel","content":"EXEMPTION NUMBER: CASA 6/1996\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS\n\nDIRECTIONS UNDER SUBREGULATION 235 (7)\n\nI, JOHN EDWIN INNES PIKE, Deputy Director (Operations), a delegate of CASA, under subregulation 235 (7) of the Civil Aviation Regulations, direct that, when loading fuel on each Australian aircraft listed in Schedule 1, the operator of the aircraft must ensure that:\n\n(a) the method used meets the requirements of paragraphs 4.1.1, 4.1.1.1, 4.1.1.2, 4.1.2, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.5.1, 4.5.2 and 4.5.3 of section 20.9 of the Civil Aviation Orders; and\n\n(b) no passenger is entering or leaving the aircraft; and\n\n(c) no passenger is on board the aircraft unless:\n\n(i) his or her medical condition may deteriorate if he or she leaves the aircraft; and\n\n(ii) the requirements set out in Schedule 2 are met.\n\nFor the purposes of this instrument, “passenger” does not include a person who is on board the aircraft for the purpose of providing medical care.\n\nSubsection 4 of section 20.9 of the Civil Aviation Orders has effect in relation to each aircraft listed in Schedule 1 only in so far as is set out in these directions.\n\nSCHEDULE 1\n\nThe aircraft bearing the nationality mark VH and the registration mark MSU.\n\nThe aircraft bearing the nationality mark VH and the registration mark MSZ.\n\nSCHEDULE 2\n\n1. Before fuel is loaded on the aircraft, any passenger on board (other than a passenger whose age or medical condition prevents him or her from understanding the information) is told:\n\n(a) fuel is to be loaded; and\n\n(b) the location of the emergency exits; and\n\n(c) he or she must not smoke, use any electrical equipment (other than medical equipment carried on the aircraft for the purpose) or do anything else that might cause fuel vapours to ignite during the loading.\n\n2. Any passenger on board the aircraft obeys the instructions given under paragraph 1 (c).\n\n3. While fuel is loaded on the aircraft:\n\n(a) the cabin door is open; and\n\n(b) if passenger loading equipment is available, it is in position at the door; and\n\n(c) the aircraft and the fuelling equipment are connected to an earth point; and\n\n(d) a cabin attendant, or a person who is on board the aircraft for the purpose of providing medical care, is on duty in the aircraft; and\n\n(e) the pilot in command of the aircraft is in the aircraft loading area.\n\n\\[Signed John Pike\\]\n\nJOHN EDWIN INNES PIKE\n\nDeputy Director (Operations)\n\n9 April 1996","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument narrows and operationalises the application of subsection 4 of section 20.9 of the Civil Aviation Orders by making that subsection effective for the listed aircraft only 'in so far as is set out in these directions' and by prescribing specific procedural and passenger‑related conditions (see final paragraph before Schedule 1 and clauses (a)–(c) and Schedule 2)."},"complexity_factors":["Narrow applicant scope: applies only to two specific aircraft (Schedule 1).","Multiple cross‑references: requires compliance with many paragraphs of CAO section 20.9 (directions, clause (a)), creating reliance on external text for full meaning.","Conditional passenger exception: permits some passengers to remain on board only if Schedule 2 conditions are satisfied (clauses (c)(i)–(ii) and Schedule 2).","Operational requirements impose discrete duties on crew and operator (e.g. informing passengers, keeping cabin door open, earthing equipment, attendant on duty, pilot in loading area) (Schedule 2(1)–(3)).","Legal modification: limits the effect of subsection 4 of section 20.9 to the extent set out in the directions, changing the ordinary application of that CAO provision.","Delegated decision‑maker: issued by a CASA delegate (signature block), so internal administrative discretion governed instrument validity and scope.","Compliance burden: places procedural and communication tasks on operators and crew during each refuelling event, creating monitoring/enforcement needs."],"plain_english_summary":"This CASA direction requires the operators of two Australian aircraft (VH‑MSU and VH‑MSZ) to follow specified Civil Aviation Orders procedures when loading fuel, to prevent passengers boarding or leaving during refuelling, and to allow only certain passengers to remain on board if Schedule 2 conditions are met. It affects aircraft operators, pilots, cabin attendants and passengers by imposing specific operational, communication and safety duties during fuelling."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a specific exemption for two individual aircraft (VH-MSU and VH-MSZ) to allow medical passengers to remain on board during refuelling. The scope has not expanded beyond this original purpose."},"complexity_factors":["Multiple cross-references to external documents (Civil Aviation Orders section 20.9, paragraphs 4.1.1 through 4.5.3)","Nested conditional logic (passengers allowed only if medical condition requires AND Schedule 2 requirements met)","Specific defined term exclusion ('passenger' excludes medical carers)","Partial override of existing rules ('only in so far as is set out in these directions')","Two schedules with specific aircraft registrations and detailed procedural requirements"],"plain_english_summary":"This 1996 CASA safety exemption permits two Australian aircraft (VH‑MSU and VH‑MSZ) to be refuelled with passengers still on board in narrowly defined cases—essentially where a passenger’s medical condition makes disembarkation harmful. It preserves strict safety controls (approved loading procedures, no boarding/deplaning, briefing, open door/grounding, attendant/medic present, pilot nearby) and clarifies medical carers aren’t treated as passengers. It lets critical patients remain on board without compromising fuel‑safety standards."}},"importantCases":[],"_links":{"self":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel","history":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel/history","analysis":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel/analysis","conflicts":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel/conflicts","importantCases":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel/important-cases","documents":"/api/acts/casa-6-1996-exemption-directions-under-subregulation-235-7-relating-to-loading-fuel/documents"}}