{"id":"F2005B02810","name":"CASA 93/1995 - Directions under subregulation 235(7)","slug":"casa-93-1995-directions-under-subregulation-235-7","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":33018,"registerId":"commonwealth-F2005B02810-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 93/1995 - Directions under subregulation 235(7)","content":"INSTRUMENT NUMBER: CASA 93/1995\n\nCivil Aviation Act 1988\n\nCivil Aviation Regulations\n\nDirections under subregulation 235 (7)\n\nI, JOHN EDWIN INNES PIKE, Deputy Director (Operations), CASA, a delegate of CASA, under subregulation 235 (7) of the Civil Aviation Regulations, direct that when loading fuel on the Australian aircraft bearing the nationality and registration marks VH-BUY, VH-JEH, VH-NAV, VH-PTA or VH-JRK 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 the Schedule 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 the Australian aircraft bearing one of the nationality and registration marks mentioned above only in so far as is set out in these directions.\n\nSCHEDULE\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 subparagraph 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 Pike\n\nDeputy Director (Operations)\n\n13 November 1995","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument is narrowly targeted to impose specific safety procedures for fuelling on five named aircraft. It does not broaden the statutory scheme or add new regulatory domains beyond existing fuelling safety requirements; rather it applies and tailors existing CAO provisions to particular aircraft. There is no evidence in the text that the instrument has expanded the original regulatory purpose beyond managing fuelling safety for those aircraft."},"complexity_factors":["Direction applies to a very small, specific set of aircraft by registration marks (concentrated application).","Multiple cross-references to many paragraphs of section 20.9 of the Civil Aviation Orders (technical material not reproduced in the instrument).","Conditional allowance for passengers: general prohibition with a narrowly defined medical exception plus additional conditions in the Schedule.","A defined-term modification: the instrument narrows the normal definition of “passenger” by excluding medical-care providers.","Schedule imposes a sequence of procedural requirements (pre-briefing, conduct during fuelling, equipment positioning, earthing, personnel presence).","Limitation clause: subsection 4 of section 20.9 applies to these aircraft only insofar as set out here (partial, not full, incorporation)."],"plain_english_summary":"This instrument is a binding CASA safety direction applying to five specifically identified Australian aircraft. It prescribes how fuel must be loaded and sets who may remain or embark while refuelling, what passengers must be told and do, and attendant/pilot and earthing/safety requirements. It directly affects the named operators (and their crews) and any passengers onboard during refuelling, raising safety standards and imposing concentrated compliance costs on those operators."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a narrow, specific instrument applying to five named aircraft with particular operational needs (medical transport). It does not represent scope creep from original intent; rather, it is precisely targeted at a limited safety exemption for specific circumstances."},"complexity_factors":["Multiple cross-references to external documents (Civil Aviation Orders section 20.9, paragraphs 4.1.1 through 4.5.3)","Conditional logic with nested requirements (passengers allowed only if both medical condition requirement AND Schedule requirements are met)","Specific exclusion definition ('passenger' excludes medical carers)","Partial override clause (subsection 4 of section 20.9 applies only to the extent set out in these directions)","Applies to only five specifically named aircraft by registration marks"],"plain_english_summary":"This is a specific safety direction issued by the Civil Aviation Safety Authority (CASA) in 1995 that applies to five particular Australian aircraft (registration numbers VH-BUY, VH-JEH, VH-NAV, VH-PTA, and VH-JRK).\n\n**What it does:**\nIt sets strict rules for how fuel can be loaded onto these specific planes, with extra precautions because passengers might be on board during refuelling.\n\n**Key requirements:**\n- **Fuel loading method** must follow specific technical standards from the Civil Aviation Orders (section 20.9)\n- **No passengers** can board or leave during fuel loading\n- **Passengers can stay on board only if:**\n  - Their medical condition would get worse if they had to leave; AND\n  - All safety requirements in the Schedule are met\n\n**The Schedule requires:**\n- Passengers must be warned that fuel is being loaded, told where emergency exits are, and instructed not to smoke or use electrical equipment\n- Passengers must follow these instructions\n- Physical safety measures must be in place: cabin door open, boarding equipment ready, aircraft and fuel equipment properly grounded (connected to earth to prevent sparks), a cabin attendant or medical carer on duty, and the pilot must be in the loading area\n\n**Who it affects:**\nThe operators of these five specific aircraft, their crew, and any passengers with medical conditions that prevent them from deplaning during refuelling.\n\n**Why it matters:**\nRefuelling with passengers on board is dangerous because fuel vapours can ignite. This direction creates a controlled exception to normal safety rules for medical necessity, but only with extensive precautions. It effectively overrides the usual Civil Aviation Orders for these specific aircraft, replacing them with these stricter, tailored conditions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-93-1995-directions-under-subregulation-235-7","history":"/api/acts/casa-93-1995-directions-under-subregulation-235-7/history","analysis":"/api/acts/casa-93-1995-directions-under-subregulation-235-7/analysis","conflicts":"/api/acts/casa-93-1995-directions-under-subregulation-235-7/conflicts","importantCases":"/api/acts/casa-93-1995-directions-under-subregulation-235-7/important-cases","documents":"/api/acts/casa-93-1995-directions-under-subregulation-235-7/documents"}}