Civil Aviation Amendment Order (No. R12) 2004 - Civil Aviation Order 20.10.1 - Hot refuelling - Turbine engine aeroplane engaged in aerial work or private operations (02/12/2004)

The central concept is hot refuelling, defined in paragraph 1.1 as the refuelling of an aeroplane with its engine or engines running. This definition is deliberately narrow; it does not include refuelling with auxiliary power unit running but engines stopped, nor does it cover refuelling during engine start or shutdown transients. The order also introduces the concept of equivalent data, defined as the information and instructions that would otherwise be contained in an aeroplane’s flight manual but, in the absence of a flight manual, are displayed wholly on a placard or partly on a placard and partly in another document. This is important for older turbine aircraft or experimental type aircraft that may not have a conventional flight manual; the equivalent data must still contain the necessary safety information. The order applies only to turbine engine aeroplanes engaged in aerial work or private operations. Aerial work and private operations are terms defined in the parent Civil Aviation Regulations; they cover a wide range of non commercial transport flying such as agricultural, survey, firefighting, photography, and private pleasure or business flying, but exclude regular public transport and most charter operations unless the charter is classified as aerial work. The order cross references section 20.9 of the Civil Aviation Orders, which contains general refuelling requirements, and then expressly excludes six specific paragraphs from that section: paragraphs 4.1.1.1, 4.3.1, 4.3.8, 4.4.1, 4.5.1 and 5.1.4. The exact content of those paragraphs is not set out in this order, so a reader must consult section 20.9 separately to know which rules are disapplied. The order also creates a distinct concept of operator versus owner responsibility: for aerial work, the operator (usually a company holding an air operator’s certificate) must authorise hot refuelling and include procedures in an operations manual; for private operations, the owner takes on that role and must include procedures in the flight manual or equivalent data. The order further distinguishes between open and closed refuelling systems. A closed system (presumably pressure refuelling through a single point) is permitted without the quick cut off requirement, while an open system (gravity refuelling through the filler neck) must have a means of quickly cutting off the fuel supply at the point of entry into the fuel tank. The water testing exemption is another key concept: the general rule is that after each hot refuelling the pilot in command must inspect and test the fuel system for water, but an exemption exists if the aircraft has been operating continuously for not more than five hours with hot refuelling and either the fuel supplier has a fuel quality audit program checked by the operator or the operator has its own fuel quality monitoring system. For private operations, that exemption additionally requires written CASA approval.

The primary duty holders under this order are operators of turbine engine aeroplanes engaged in aerial work, and owners of the same aircraft engaged in private operations. For an operator (typically an aerial work company such as an agricultural aviation business, a firefighting contractor, a survey or mustering operator, or a flying school if it conducts turbine aerial work), the order imposes a suite of obligations: it must authorise hot refuelling in writing (or at least through documented management approval), it must conduct a safety assessment considering the aircraft configuration, fuel system location, refuelling system components, and flight manual or equivalent data, and it must include in the operations manual the operational circumstances, procedures, and any instructions from the flight manual relating to hot refuelling. For a private owner, the same tasks fall on the individual or entity that owns the aircraft, who must also include the required information in the flight manual or equivalent data. The pilot in command of the aircraft bears direct operational responsibilities: ensuring the safety assessment is done before commencing, ensuring no passengers are on board except those medically incapable of being safely disembarked, ensuring a qualified pilot is at the controls (unless subsection 7 of section 95.7 applies, which presumably provides an exception for some autopilot or remote operations), maintaining communication with the ground refuelling crew, managing aircraft doors (closed on the refuelling side, open on the opposite side, with a person stationed there for evacuation), keeping the evacuation area clear, and stopping refuelling immediately if fuel vapour is detected inside the aircraft or any other hazard arises. Ground crew involved in hot refuelling must be trained in and familiar with the procedures and emergency responses. The aerodrome operator or the owner or occupier of a place used as an aerodrome must give consent before hot refuelling occurs on their property. CASA is affected indirectly: it receives applications for written approval for private operators seeking exemption from the post refuelling water testing requirement. Fuel suppliers are affected in that their fuel quality audit program can relieve the operator from conducting water tests after each hot refuelling, provided the operator checks the audit reports. The order does not directly affect passengers (because they are generally not permitted on board during hot refuelling except in the narrow medical exception), and it does not affect air traffic control or other third parties.

The operator or owner has the initial duty under paragraph 3.1: hot refuelling must not be carried out unless authorised by the operator (if not a private operation) or the owner (if a private operation). Before granting that authorisation, the operator or owner must be satisfied that the refuelling can be carried out safely and must have regard to four specified factors: the aeroplane's configuration and engine or engines, the location of fuel system components, the refuelling system or systems to be used and their components, and the aeroplane's flight manual or equivalent data. That is not a checklist to be ticked mechanically; the operator or owner must exercise judgment and it may imply a duty to physically inspect or obtain information. After authorising, the operator or owner must include in the operations manual (or flight manual or equivalent data for private operations) the operational circumstances, procedures, and any flight manual requirements, and for an operations manual, those matters must be set out separately for each type of aeroplane. The pilot in command has a duty before allowing hot refuelling to commence to ensure it can be carried out safely in accordance with the order and the documented procedures. The pilot must also ensure no passengers are on board, except a passenger who cannot in the pilot's opinion or on medical advice be safely disembarked. The pilot must be at the controls unless subsection 7 of section 95.7 applies. Communication must be maintained between the pilot and the ground refuelling supervisor by either an electronic intercom system or visual contact with an agreed system of signals. During refuelling, the pilot in command must ensure doors on the refuelling side remain closed, doors on the non refuelling side remain open, and a nominated person is stationed at the open door or doors to assist with evacuation in an emergency; the evacuation area must be kept clear; and if fuel vapour is detected inside the aircraft or any other hazard arises, refuelling must be stopped immediately. After refuelling, the pilot in command must inspect and test the fuel system for water, subject to the exemption in paragraph 8.3. For aerial work operations, the operator has a parallel duty to ensure to the greatest extent practicable that the pilot in command performs that inspection and test. Rights under the order include the right of an operator or owner to authorise hot refuelling, the right of a pilot in command to decide that a passenger cannot be safely disembarked, and the right of a private operator to apply for CASA written approval to be exempted from the post refuelling water testing requirement if conditions are satisfied.

This Civil Aviation Order does not itself create penalty provisions or specify enforcement mechanisms. It is a legislative instrument made under subregulation 235(7) of the Civil Aviation Regulations 1988. Contravention of a requirement in the order is therefore a breach of the parent regulations, which contain their own penalty framework including infringement notices (on the spot fines), civil penalties, and possible suspension or cancellation of authorisations, air operator’s certificates, aircraft registrations, or pilot licences. The severity of potential sanctions would depend on the specific regulation breached and the circumstances of the non compliance. For example, hot refuelling without the required authorisation from the operator or owner would likely be a breach of a condition of the air operator’s certificate or of the regulations governing operational control. Similarly, hot refuelling without the required safety assessment or without the procedures documented in the operations manual could be treated as a failure to maintain an operations manual as approved by CASA. The pilot in command who allows hot refuelling without ensuring the required safety checks, or who fails to stop refuelling when fuel vapour is detected, could face enforcement action under the pilot’s duty of care. The order also contains duties that are framed as absolute or strict obligations, such as paragraph 6.4 (earth bonding before filler cap removal), paragraph 7.2 (no HF transmitter or radar operation during hot refuelling), and paragraph 4.2 (no passengers on board except the medical exception). Failure to comply with any of these provisions would likely give rise to a strict liability offence under the regulations, meaning the regulator does not need to prove intent, only that the breach occurred. The order also imposes duties that involve the operator’s judgement, such as being satisfied of safety under paragraph 3.3; enforcement in such cases would require CASA to show that no reasonable operator could have been satisfied in the circumstances. The water testing exemption for private operations requires written CASA approval; conducting hot refuelling without that approval when the exemption is relied upon would be a breach. The director of aviation safety who signed the order has the power to issue such approvals and also to impose conditions. It is also possible that CASA could issue a direction prohibiting hot refuelling by a particular operator if it considers that compliance is inadequate. There is no reference in the order to any criminal offences or imprisonment.

The order sits within the broader Civil Aviation Orders framework made under the Civil Aviation Regulations 1988. It specifically modifies the application of section 20.9, which contains general refuelling requirements. The order disapplies six paragraphs from that section: 4.1.1.1, 4.3.1, 4.3.8, 4.4.1, 4.5.1 and 5.1.4. A reader cannot know the full regulatory effect without locating and reading those paragraphs. For example, paragraph 4.1.1.1 may relate to earthing and bonding in non hot refuelling contexts; paragraph 4.3.1 may relate to the requirement to have fire extinguishers positioned at a certain distance; paragraph 4.3.8 may relate to fuel spillage containment; paragraph 4.4.1 may relate to communication between the refuelling operator and the pilot; paragraph 4.5.1 may relate to procedures for starting engines after refuelling; and paragraph 5.1.4 may relate to the qualification of refuelling personnel. The effect of disapplying these paragraphs is to create a bespoke set of rules that are less onerous in some respects than the general refuelling rules, reflecting the operational realities of hot refuelling where some general procedures are impractical or are replaced by specific provisions within this order. The order also interacts with section 20.2 of the Civil Aviation Orders, as noted in the text after paragraph 2.2: the note reminds operators and pilots that paragraph 5.1 of section 20.2, which requires inspections and tests for water in the fuel system before the start of each day’s flying, still applies to these aeroplanes. That means even if the order’s water testing exemption is used for post hot refuelling checks, the daily water test requirement from section 20.2 remains in force. The order also references section 95.7 of the Civil Aviation Orders in paragraph 4.3: unless subsection 7 of that section applies, a pilot with a valid licence for the aeroplane must be at the controls during hot refuelling. The content of subsection 7 is not provided, but it likely creates an exception for certain autopilot systems or remotely piloted aircraft. The order does not reference any state or territory laws such as workplace health and safety, dangerous goods transport, or environmental protection laws. Those laws may impose additional obligations that are not displaced by this Commonwealth order. For example, hot refuelling at an aerodrome may require compliance with state dangerous goods regulations or local government fire safety permits. The operator should also consider the common law duty of care to employees and bystanders; having a documented safety assessment and procedures may assist in defending a negligence claim.

This instrument is itself an amendment order. It is the Civil Aviation Amendment Order (No. R12) 2004, made on 2 December 2004 and commencing on gazettal the same day. It substitutes the entire existing section 20.10.1 of the Civil Aviation Orders with the new text set out in Schedule 1. The previous version of section 20.10.1 is not reproduced in this source, so its content and the extent of changes cannot be assessed from this document alone. It is possible that the prior version either prohibited hot refuelling altogether for these aircraft types or contained different conditions. The order is a standalone instrument; no subsequent amendments to section 20.10.1 are recorded in this source. However, it is common for such orders to be later amended or replaced by later amendment orders. A practitioner should check the current version of the Civil Aviation Orders (which are updated and republished periodically by CASA) to see if section 20.10.1 remains in this form or has been further amended. The order number “R12” indicates it was the 12th amendment order of 2004 dealing with the regulatory reform or routine update stream. The signature by Bruce Byron as Director of Aviation Safety and Chief Executive Officer confirms it was made with due authority.

The source document does not refer to any litigation history. There are no reported cases cited within the order. It is not possible from this source alone to determine whether any court or tribunal has considered the interpretation, application, or validity of section 20.10.1 or of this particular amendment. Given that the order has been in force since 2004 and is a relatively technical operational safety instrument, it is plausible that it has not been the subject of significant litigation. Disputes about hot refuelling safety would more likely be handled through CASA administrative enforcement actions or internal review rather than through court proceedings. If a breach of the order led to an accident, civil litigation for negligence might involve consideration of whether the operator complied with the order, but the order itself would not be directly litigated. Similarly, a pilot or operator challenging a CASA enforcement action might seek merits review in the Administrative Appeals Tribunal or judicial review in the Federal Court, but such matters are not common public knowledge. The absence of any reference to litigation in the instrument is standard; legislative instruments do not typically include litigation histories.

Several provisions in this order create traps for the unwary. First, paragraph 1.2 explicitly allows hot refuelling with the propeller or propellers rotating. Many safety manuals and common practice assume propellers must be stopped or at least feathered during refuelling. The order permits rotation, which significantly alters the risk profile for ground crew. If a ground crew member is not trained to respect a rotating propeller during refuelling, serious injury may result. Second, passengers are generally not allowed on board during hot refuelling (paragraph 4.2). The only exception is a passenger who cannot, in the pilot’s opinion or on medical advice, be safely disembarked. This is a narrow exception; it does not extend to passengers who would merely be inconvenienced or who have luggage on board. A pilot who allows a passenger to remain because of a delay risk could be in breach. Third, the door management requirement in paragraph 4.5 is counter intuitive: doors on the refuelling side must be closed, doors on the non refuelling side must be open, and a person must be stationed at the open door or doors to assist with evacuation. If the aircraft is configured with doors on both sides, the pilot must ensure the refuelling crew do not block the open door or that the person stationed there is not also tasked with refuelling. Fourth, the water testing exemption in paragraph 8.3 contains a five hour continuous time in service limit. If hot refuelling occurs more than five hours after the last hot refuelling (not necessarily the last flight), the exemption no longer applies, and the pilot must inspect and test for water. The operator must also ensure that the fuel supplier has a fuel quality audit program and that regular audit reports are checked by the operator. For private operations, an additional layer of CASA written approval is required. A private owner who relies on the exemption without first obtaining CASA approval is in breach. Fifth, the quantity of fuel to be loaded must be decided before hot refuelling commences (paragraph 6.1). This prevents the refuelling crew from adding fuel incrementally or topping off based on changing flight plans during the refuelling process. If the pilot decides after refuelling has started that more fuel is needed, the refuelling must be stopped, the aircraft probably repositioned to a safe zone, and the process restarted. Sixth, radio transmissions must be restricted to the greatest extent practicable during hot refuelling (paragraph 7.1), and HF transmitters and radar equipment must not be operated at all (paragraph 7.2). A pilot who accidentally transmits on HF or operates weather radar while refuelling is in breach, even if no harm results. Seventh, the earth bonding requirement in paragraph 6.4 applies before the fuel filler cap is removed. That means the ground crew must connect the refuelling equipment earth lead and the aircraft earth point before touching the cap. If the cap is removed first, the operation would be in breach and could also create a static electric spark hazard. Eighth, the order applies only to turbine engine aeroplanes. Many operators may assume it also covers helicopters or piston engine aeroplanes, but those are outside scope. Hot refuelling of helicopters is governed by a different section or by separate CASA approval. Ninth, the operator’s responsibility under paragraph 3.4(c) includes including in the operations manual any requirements and instructions from the flight manual or equivalent data that relate to hot refuelling. If the flight manual contains a statement that hot refuelling is prohibited or limited, the operator must include that; failing to do so may lead to an incomplete manual. Tenth, the order’s application extends to any place used as an aerodrome, not just licensed aerodromes. That means hot refuelling can occur on a private strip, but the consent of the owner or occupier of that place is required. Obtaining that consent should be documented.

Compliance with this order requires a systematic approach. First, determine whether the aeroplane in question is a turbine engine aeroplane (including turboprop and turbofan) and whether the intended operation is aerial work or private operations. If the aircraft is piston engine or used for regular public transport, this order does not apply and different rules govern refuelling. Second, obtain the necessary authorisation. For an aerial work operation, the operator must authorise hot refuelling in writing, and for a private operation, the owner must authorise it. Third, before giving authorisation, the operator or owner must conduct a safety assessment covering the four factors in paragraph 3.3: aircraft configuration and engine arrangement, location of fuel system components (such as vents, drains, fuel lines near hot areas), the refuelling system to be used (including hose length, nozzle type, bonding cables), and information from the flight manual or equivalent data. Document this assessment. Fourth, incorporate the required information into the operations manual (for aerial work) or the flight manual or equivalent data (for private operations). The manual must set out the operational circumstances in which hot refuelling may take place, the detailed procedures to be followed, any flight manual requirements, and if applicable, instructions to ensure fuel quality for the purposes of the water testing exemption. For an operations manual, each type of aeroplane must have its own section. Fifth, train all persons involved in hot refuelling in the procedures and in emergency response. Maintain records of training. Sixth, ensure suitable and properly maintained fire fighting equipment is readily available at the refuelling location. Seventh, before each hot refuelling event, the pilot in command must verify that the safety assessment remains valid for the current conditions, that no passengers are on board (or that the medical exception applies), that a qualified pilot will be at the controls (unless the section 95.7 exception applies), that communication with the ground crew is established via intercom or visual signals, and that the door management plan is in place with a nominated person at the open door. The pilot must also pre decide the fuel quantity and ensure the refuelling crew are aware of it. Before any fuel cap is removed, ensure earthing and bonding between the refuelling equipment and the aircraft. Eighth, during refuelling, restrict radio transmissions and do not operate HF transmitters or radar. Monitor for fuel vapour inside the aircraft and stop immediately if detected. The ground crew must be ready to cut off fuel quickly, especially if using an open system where a quick cut off means must be at the tank entry point. Ninth, after refuelling, the pilot in command must inspect and test the fuel system for water unless the exemption conditions in paragraph 8.3 are satisfied. For aerial work operations, the operator must also ensure to the greatest extent practicable that this test occurs. If relying on the exemption, verify that the fuel supplier has a fuel quality audit program and that the operator has checked the latest reports, or that the operator has its own monitoring system. For private operations seeking the exemption, obtain CASA written approval before relying on it. Tenth, maintain all records, including authorisations, safety assessments, training records, maintenance of fire equipment, and completed water testing logs, as evidence of compliance for potential CASA audit.