Commonwealth legislation

CASA 93/1995 - Directions under subregulation 235(7)

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This instrument directs operators of five specific Australian-registered aircraft (VH-BUY, VH-JEH, VH-NAV, VH-PTA, VH-JRK) to follow particular fuel‑loading procedures drawn from the Civil Aviation Orders and to restrict passenger movement during refuelling, with narrow medical exceptions. Operators must give safety briefings, keep certain doors/equipment positioned and earthed, and ensure a cabin attendant (or medical carer) and pilot are present. The CASA delegate enforces these operational and compliance obligations under the Civil Aviation Regulations.

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CASA 93/1995 - Directions under subregulation 235(7)

INSTRUMENT NUMBER: CASA 93/1995

Civil Aviation Act 1988

Civil Aviation Regulations

Directions under subregulation 235 (7)

I, 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:

(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

(b) no passenger is entering or leaving the aircraft; and

(i) his or her medical condition may deteriorate if he or she leaves the aircraft; and

(ii) the requirements set out in the Schedule are met.

For the purposes of this instrument, “passenger” does not include a person who is on board the aircraft for the purpose of providing medical care.

Subsection 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.

SCHEDULE

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:

(a) fuel is to be loaded; and

(b) the location of the emergency exits; and

(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.

Any passenger on board the aircraft obeys the instructions given under subparagraph 1(c).
While fuel is loaded on the aircraft:

(a) the cabin door is open; and

(b) if passenger loading equipment is available, it is in position at the door; and

(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

(e) the pilot in command of the aircraft is in the aircraft loading area.

[Signed John Pike]

John Pike

Deputy Director (Operations)

13 November 1995

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA 93/1995 - Directions under subregulation 235(7)