{"id":"F2005B00788","name":"Civil Aviation Amendment Order (No. R11) 2004 - Civil Aviation Order 20.10 - Hot refuelling - Helicopters (02/12/2004)","slug":"civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32217,"registerId":"commonwealth-F2005B00788-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R11) 2004 - Civil Aviation Order 20.10 - Hot refuelling - Helicopters (02/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R11) 2004\n\nI, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 235 (7) of the Civil Aviation Regulations 1988.\n\n\\[Signed Bruce Byron\\]\n\nBruce Byron\n\nDirector of Aviation Safety and\n\nChief Executive Officer\n\n2 December 2004\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R11) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 20.10 of the Civil Aviation Orders\n\nSection 20.10 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 20.10 of the Civil Aviation Orders\n\nSECTION 20.10\n\nHOT REFUELLING — HELICOPTERS\n\n1 MEANING OF HOT REFUELLING\n\n1.1 In this section, hot refuelling means the refuelling of a helicopter with its engine or engines running.\n\n1.2 Hot refuelling of a helicopter may take place with its rotor or rotors rotating.\n\n1A APPLICATION\n\n1A.1 The hot refuelling of helicopters must be carried out in accordance with:\n\n    (a) the requirements set out in section 20.9 other than the requirements set out in paragraphs 4.1.1.1, 4.3.1, 4.3.8, 4.4.1, 4.5.1 and 5.1.4; and\n    (b) this section.\n\n> Note: Operators and pilots should note that the provisions of paragraph 5.1 of section 20.2 of the Civil Aviation Orders relating to the inspections and tests for the presence of water in an aircraft’s fuel system before the start of each day’s flying are applicable to helicopters to which this section applies.\n\n2 OPERATOR’S RESPONSIBILITIES\n\n2.1 Hot refuelling of a helicopter must not be carried out unless authorised by its operator.\n\n2.2 Before authorising the hot refuelling of a helicopter, the operator must be satisfied that the refuelling can be carried out safely and, in particular, must have regard to:\n\n    (a) the configuration of the helicopter and its engine or engines; and\n    (b) the location of the components of the helicopter’s fuel system; and\n    (c) the refuelling system or systems to be used and its or their components; and\n    (d) the helicopter’s flight manual.\n\n2.3 The operator of a helicopter who authorises hot refuelling of that helicopter must include in the operations manual:\n\n    (a) the operational circumstances in which hot refuelling may take place; and\n    (b) the procedures to be followed during hot refuelling; and\n    (c) the requirements and instructions, if any, set out in the helicopter’s flight manual that relate to hot refuelling; and\n    (d) if applicable, the instructions to ensure fuel quality as required for the purposes of subparagraph 7.2 (b).\n\n2.4 The operator must set out the matters referred to in paragraph 2.3 separately in relation to each type of helicopter to which the operations manual applies.\n\n3 RESPONSIBILITIES OF PILOT IN COMMAND\n\n3.1 Before allowing the hot refuelling of a helicopter to commence, the pilot in command must ensure that the refuelling can be carried out safely in accordance with this section and the procedures included in the operations manual.\n\n3.2 The pilot in command must ensure that passengers are not on board during hot refuelling, except in the case of a passenger who cannot, in the opinion of the pilot or on medical advice, be safely disembarked.\n\n3.3 Unless subsection 7 of Civil Aviation Order section 95.7 applies, a pilot with a licence that is valid for the helicopter must, at all times, be at the controls of the helicopter while refuelling is carried out.\n\n3.4 While a pilot is at the controls of a helicopter, communication between the pilot and the person on the ground in charge of the refuelling system must be maintained by means of an electronic intercommunication system or by visual contact and an agreed system of signals.\n\n4 PROCEDURES AND EQUIPMENT\n\n4.1 All persons engaged in hot refuelling must be trained in, and familiar with, the procedures to be followed during hot refuelling or any emergency that may occur in relation to the refuelling.\n\n4.2 Suitable and properly maintained fire fighting equipment must be readily available for use if an emergency occurs during the refuelling.\n\n4.3 Before carrying out hot refuelling on an off-shore oil rig, gas rig or platform, a drilling ship or any other vessel, the approval of the operator or master of that installation or vessel must be obtained.\n\n5 FUEL LOADING\n\n5.1 The quantity of fuel to be loaded must be decided before hot refuelling is commenced.\n\n5.2 A closed or open refuelling system may be used for hot refuelling.\n\n5.3 If an open system of refuelling is used, there must be a means of quickly cutting off the fuel supply at the point of entry into the fuel tank of the helicopter.\n\n5.4 Before the helicopter’s fuel filler cap is removed, the refuelling equipment and the helicopter must be earthed and connected so as to ensure they are of the same electrical potential.\n\n6 RADIO TRANSMISSIONS\n\n6.1 While hot refuelling is taking place, radio transmissions from the helicopter must be restricted to the greatest extent practicable.\n\n6.2 While hot refuelling is taking place, an HF transmitter or radar equipment on the helicopter must not be operated.\n\n7 INSPECTION AND TESTING OF FUEL SYSTEM\n\n7.1 The operator of a helicopter that has been hot refuelled must ensure that, on completion of each hot refuelling of the helicopter, the pilot in command inspects and tests the helicopter’s fuel system for the presence of water.\n\n7.2 Paragraph 7.1 does not apply:\n\n    (a) if the helicopter has, for a continuous period of not more than 5 hours’ time in service, been engaged in operations during which hot refuelling has taken place; and\n    (b) if:\n\n(i) the fuel used by the helicopter is supplied by a person:\n\n(A) who has a fuel quality audit program; and\n\n(B) whose regular audit reports are checked by the operator; or\n\n(ii) in a case where the fuel used by the helicopter is supplied by a person who does not have a fuel quality audit program — the operator has a system for monitoring the quality of the fuel used by the helicopter.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces and restates the regulatory provisions governing hot refuelling for helicopters but remains within the original regulatory scope of permitting hot refuelling under safety conditions. It consolidates and clarifies operator and pilot duties, procedural requirements and a targeted exception to post‑refuelling fuel testing, but does not materially expand the overall policy scope beyond regulating safe hot refuelling practices."},"complexity_factors":["Single defined technical term: 'hot refuelling' (Section 1.1)","Several cross‑references to other Civil Aviation Orders (Section 1A.1 references Section 20.9; notes reference Section 20.2 para 5.1; pilot exception references section 95.7), increasing interpretive load","Multiple actor‑specific duties: distinct obligations for operators (Sections 2.1–2.4), pilots (Sections 3.1–3.4), ground staff (Section 4.1) and fuel suppliers (Section 7.2)","Conditional exception with conjunctive requirements in the fuel inspection rule (Section 7.2): time‑limit plus either supplier audit + operator checking, or operator monitoring system","Operational and technical rules across several domains (training, firefighting equipment, electrical bonding, open vs closed systems, communications restrictions), creating several discrete compliance threads","Requirement to document procedures separately for each helicopter type (Section 2.4) — multiplies procedural complexity across mixed fleets","Short length and limited number of nested exceptions — no deep multi‑level conditional hierarchies"],"plain_english_summary":"**What this Order does**\n\n- Defines \"hot refuelling\" for helicopters as refuelling while the engine(s) are running and expressly allows it to take place with the rotors turning (Section 1.1–1.2).\n\n- Requires hot refuelling to be carried out under the rules in this substituted Section 20.10 and, mostly, under the general refuelling requirements already in Section 20.9 (but excludes a few specific paragraphs of 20.9) (Section 1A.1).\n\n**Key duties and who decides**\n\n- Operator decides whether hot refuelling may occur and must be satisfied it can be done safely. The operator must consider the helicopter configuration, fuel-system component locations, the refuelling equipment, and the helicopter flight manual when authorising hot refuelling (Sections 2.1–2.2).\n\n- If an operator authorises hot refuelling, the operator must put into the operations manual:\n  - when hot refuelling can be used;\n  - step-by-step procedures to be followed;\n  - relevant instructions from the flight manual;\n  - any fuel‑quality assurance instructions (and these must be written separately for each helicopter type covered by the manual) (Section 2.3–2.4).\n\n- The pilot in command must check that the refuelling can be done safely according to the operations manual and this section before it starts (Section 3.1). The pilot generally must remain at the controls during refuelling and must ensure passengers are not on board unless someone cannot be safely removed for medical reasons (Sections 3.2–3.3). The pilot must keep communication with the refueller by intercom or visual signals (Section 3.4).\n\n**Operational safety and equipment**\n\n- Personnel involved must be trained in normal and emergency refuelling procedures (Section 4.1).\n- Appropriate, well‑maintained firefighting equipment must be readily available during hot refuelling (Section 4.2).\n- On offshore platforms, rigs, ships and similar vessels, the operator must obtain approval from the installation or vessel master before hot refuelling there (Section 4.3).\n\n**Fuel handling and electrical safety**\n\n- The fuel quantity to be loaded must be decided before refuelling starts (Section 5.1).\n- Both closed and open refuelling systems are allowed; if an open system is used, there must be a quick shut‑off at the tank entry point (Sections 5.2–5.3).\n- Refuelling equipment and the helicopter must be earthed (bonded) before any fuel filler cap is removed so they share the same electrical potential (Section 5.4).\n\n**Communications and avionics**\n\n- Radio transmissions from the helicopter should be kept to a minimum during hot refuelling, and HF transmitters or radar equipment on the helicopter must not be operated during hot refuelling (Sections 6.1–6.2).\n\n**Fuel inspection after hot refuelling**\n\n- After each hot refuelling, the operator must ensure the pilot inspects and tests the fuel system for water contamination (Section 7.1).\n- That post‑refuelling inspection is not required where all of the following apply (Section 7.2):\n  - the helicopter has been used in continuous operations involving hot refuelling for not more than 5 hours’ time in service; and\n  - either (i) the fuel is supplied by a supplier who operates a fuel quality audit program and whose audit reports are checked by the operator, or (ii) if the supplier has no audit program, the operator has its own system to monitor the fuel quality (Section 7.2).\n\n**Stated purpose and how it operates mechanically**\n\n- The document replaces the prior Section 20.10 with a consolidated set of rules that permits hot refuelling for helicopters while attaching operator and pilot responsibilities, safety procedures, equipment and training requirements, communications limits, and post‑refuelling fuel checks. The stated purpose is to allow hot refuelling under controlled conditions while managing the safety risks involved.\n\n**Costs, incentives and trade‑offs (practical effects)**\n\n- Who pays: operators carry most direct costs — updating operations manuals, training staff, buying/maintaining firefighting and earthing equipment, and implementing fuel‑quality monitoring systems if needed (Sections 2.3, 4.1–4.2, 5.4, 7.2).\n\n- Suppliers can reduce operator testing costs if they run an auditable fuel quality program and make audit reports available to the operator; this creates an incentive for operators to prefer audited suppliers (Section 7.2(b)(i)).\n\n- Behavioural change: operators that want to use hot refuelling must build and document procedures and risk controls; pilots must remain at controls and limit radio use during refuelling. Hot refuelling remains discretionary — operators may decline to authorise it where safety can’t be assured (Sections 2.1, 3.1–3.4).\n\n- Effects on commercial activity: hot refuelling can speed turnarounds and increase operational tempo (productivity benefit), but that benefit comes with compliance and equipment costs which are borne by operators and sometimes passed on to customers. Larger operators or networks able to absorb audit/monitoring costs (or who have established supplier relationships) will find it easier to satisfy the exceptions to post‑refuelling testing, potentially advantaging them relative to small operators and independent suppliers (Section 7.2).\n\n- Implementation and enforcement risk: much relies on operators drafting and following appropriate operations‑manual procedures and on pilots executing inspections. This creates variability in how strictly precautions are applied (Sections 2.3, 3.1, 7.1). Enforcement depends on audits, records and oversight by the regulator.\n\n- Safety trade‑offs and unintended consequences: restricting HF and radar use and requiring the pilot to remain at the controls reduces certain operational options (Sections 3.3, 6.2). Allowing open systems with a quick shut‑off is flexible but places an operational control burden on crews (Section 5.3). The exception to post‑refuelling fuel testing for short continuous operations (Section 7.2) reduces inspection burden but shifts reliance onto supplier audits or operator monitoring systems.\n\n**Bottom line — who decides and who bears the cost**\n\n- The operator decides whether hot refuelling may be used and must document how to do it safely; the pilot in command must ensure safety on each occasion and is generally required to remain at the controls during refuelling. Operators and fuel suppliers bear most of the compliance and monitoring costs; pilots and ground crews must follow the operational and safety procedures on each refuelling event.\n\n(References are to the substituted Section 20.10 paragraphs cited above.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This amendment appears to maintain the original scope of regulating hot refuelling safety for helicopters. It replaces the previous section 20.10 with updated provisions but does not expand beyond the core purpose of establishing safety protocols for refuelling helicopters with engines running."},"complexity_factors":["Cross-referencing to Civil Aviation Order 20.9 (excluding specific paragraphs 4.1.1.1, 4.3.1, 4.3.8, 4.4.1, 4.5.1 and 5.1.4)","Cross-reference to Civil Aviation Order section 95.7 subsection 7","Cross-reference to Civil Aviation Order section 20.2 paragraph 5.1","Nested conditional exemption in paragraph 7.2 (water inspection requirement) with dual pathways: (i) supplier audit program or (ii) operator monitoring system","Multiple defined roles and responsibilities (operator, pilot in command, person on ground in charge of refuelling system)","Technical aviation terminology requiring domain knowledge (time in service, flight manual, operations manual, HF transmitter, electrical potential)"],"plain_english_summary":"**What this legislation does:**\n\nThis Order sets out the safety rules for **hot refuelling** of helicopters — that's when you refuel a helicopter while its engine is still running (and potentially while the rotors are spinning). It's a high-risk activity, so this document establishes strict protocols to prevent fires, explosions, and accidents.\n\n**Who it affects:**\n\n- **Helicopter operators** — must authorise hot refuelling, assess risks, and document procedures in their operations manual\n- **Pilots in command** — must ensure safety before and during refuelling, keep passengers off board (except in medical emergencies), and stay at the controls\n- **Ground crew** — must be trained in hot refuelling procedures and emergency response\n- **Offshore installation operators** — must give approval before hot refuelling on oil rigs, gas platforms, or vessels\n\n**Key requirements:**\n\n- **Authorisation required** — operators must explicitly permit hot refuelling and verify it can be done safely for each helicopter type\n- **Safety equipment** — fire fighting equipment must be on standby\n- **Communication** — pilot and ground crew must maintain contact via radio or visual signals\n- **Electrical safety** — helicopter and refuelling equipment must be earthed (electrically grounded) before fuel caps are removed\n- **Radio restrictions** — minimise transmissions; no HF radio or radar during refuelling\n- **Fuel quality checks** — pilots must inspect for water contamination after refuelling, unless specific fuel quality assurance programs are in place\n\n**Why it matters:**\n\nHot refuelling saves time in critical operations like search and rescue, emergency medical services, and offshore oil rig support. But it combines flammable fuel with running engines, hot exhaust, and spinning rotors. These rules balance operational efficiency against the serious risk of fire or injury."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-","history":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r11-2004-civil-aviation-order-20-10-hot-refuelling-helicopters-02-/documents"}}