Federal Register of Legislation - Australian Government

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WAO 856 Exemptions as made
Exemption relating to refuelling of certain aircraft used by the Royal Flying Doctor Service of Australia (Western Operations) that contain passengers being carried for the purpose of obtaining medical treatment.
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 16 Aug 2005
Tabling HistoryDate
Tabled HR05-Sep-2005
Tabled Senate05-Sep-2005
Date of repeal 08 Dec 2006
Repealed by CASA EX65/06 - Exemption – refuelling with passengers on board

Text Box:
Instrument number WAO 856

I, TERENCE FARQUHARSON, Manager, General Aviation Field Office, Perth, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[T Farquharson]

T Farquharson
General Aviation Field Office

10 August 2005

Exemption — refuelling with patients on board

1          Duration

            This instrument:

(a)   comes into effect on the day after it is registered on the Federal Register of Legislative Instruments; and

(b)   ceases to have effect at the end of September 2008.

2          Definition

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

3          Application

   (1)     This instrument applies to the aircraft mentioned in Schedule 1 (the aircraft), operated by the RFDS (Western Operations) (Aviation Reference Number 539707) (the operator), that contain passengers being carried for the purpose of obtaining medical treatment.

   (2)     This instrument does not apply if fuel is being loaded in accordance with paragraph 4.2.4 of Civil Aviation Order 20.9.

4          Exemption

             The aircraft are exempt from compliance with the direction under subregulation 235 (7) of CAR 1988 that is set out in paragraph 4.2.3 of  Civil Aviation Order 20.9.

5          Conditions

            The exemption is subject to the conditions mentioned in Schedule 2.

Schedule 1          Aircraft


Nationality & registration mark

Serial number

Beech 200 Kingair



Beech 200 Kingair



Beech 200 Kingair



Beech 200 Kingair



Beech 200 Kingair



Beech 200 Kingair



Pilatus PC-12



Pilatus PC-12



Pilatus PC-12



Pilatus PC-12



Pilatus PC-12



Schedule 2          Conditions

      1     While the fuel is being loaded:

(a)   no passenger may enter or leave the aircraft; and

(b)   no passenger may be on board the aircraft unless his or her medical condition may deteriorate if he or she leaves the aircraft.

      2     Before fuel is loaded on the aircraft, the operator must ensure that any passenger on board (other than a passenger incapable of understanding the information) is told:

(a)   that fuel is to be loaded; and

(b)   the location of the emergency exits; and

(c)   that his or her seat belt must be unfastened; and

(d)   that he or she must not:

                                              (i)smoke; or

                                            (ii)use any electrical equipment (other than medical equipment used for treating a patient); or

                                           (iii)do anything else that might cause fuel vapours to ignite during the loading.

      3     The operator must ensure that every passenger on board the aircraft complies with the instructions given under paragraphs 2 (c) and (d).

      4     While fuel is being loaded on the aircraft, the operator must ensure that:

(a)   the cabin door is open; and

(b)   the aircraft’s “fasten seat belt” signs are turned off; and

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

(d)   the aircraft and fuelling equipment are connected to an earth point; and

(e)   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

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

      5     The operator must ensure that the loading stops immediately if:

(a)   fuel vapour is found inside the aircraft; or

(b)   for any reason it is not safe to continue loading the fuel.