Federal Register of Legislation - Australian Government

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CASA EX66/14 Exemptions as made
This instrument exempts Qantas Airways Limited (the operator), the operator’s personnel, the flight crew and passengers from certain provisions of Civil Aviation Order 20.9 which would otherwise prevent the use of certain electronic devices in the cabin of, or outside, the aircraft. Electronic devices include digital mobile telephones, handheld personal digital assistants, devices that transmit using only IEEE 802.11 wireless standard technology and any portable electronic devices not designed to produce a radio frequency emission.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jul 2014
Tabling HistoryDate
Tabled Senate26-Aug-2014
Tabled HR26-Aug-2014
Date of repeal 31 Jul 2017
Repealed by Self Repealing

Instrument number CASA EX66/14

I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed G.J. Campbell]

Gerard J. Campbell
Executive Manager
Operations Division

25 July 2014

Exemption — use of mobile phones and other electronic devices when loading fuel

1          Duration

                 This instrument:

(a)   commences on 1 August 2014; and

(b)   expires at the end of July 2017, as if it had been repealed by another instrument.

2          Repeal

                 Instrument CASA EX96/11 is repealed.

3          Definitions

                 In this instrument:

                 device means any of the following:

(a)   a digital mobile telephone;

(b)   a handheld personal digital assistant;

(c)   a device that transmits using only IEEE 802.11 wireless standard technology;

(d)   any portable electronic device not designed to produce a radio frequency emission.

                 fuelling zone means the area within 3 metres radially from:

(a)   the filling and venting points; and

(b)   the fuelling equipment; and

(c)   if applicable, the hydrant valve in use for fuelling.

4          Application

                 This instrument applies to:

(a)   a turbine engine aircraft that is being refuelled and is either:

             (i)  a cargo aircraft with a payload capacity exceeding 3 410 kg; or

            (ii)  a passenger aircraft with a maximum seating capacity of 20 or more; and

(b)   each of the following persons who is in, or otherwise associated with the operation of, the aircraft:

             (i)  the operator;

            (ii)  the operator’s operations personnel;

           (iii)  the crew;

           (iv)  the passengers.

5          Exemption

                 A person to whom this instrument applies is exempt from compliance with subregulation 235 (7) of the Civil Aviation Regulations 1988 to the extent mentioned in Schedule 1.

6          Conditions

                 The exemption in section 5 is subject to the conditions mentioned in Schedule 2.

Schedule 1          Extent of exemption

                 To the extent that the following provisions of Civil Aviation Order 20.9 impose requirements in relation to the use of a device:

(a)   sub-subparagraph 4.2.2 (a) (iii);

(b)   subparagraph 4.2.2 (b);

(c)   subparagraph 4.4.3 (b).

Schedule 2          Conditions

          1     A person may only use a device in the cabin, or outside the cabin, of the aircraft if the person complies with these conditions.

            Use in the cabin of the aircraft

          2     A person may only use a device in the cabin of the aircraft if the pilot in command of the aircraft (the pilot) has given permission in accordance with clause 4.

          3     A person must not use a device if the pilot withdraws his or her permission.

          4     The pilot may only give permission if:

(a)   each aircraft door within the fuelling zone is closed; and

(b)   the aircraft operator has already ensured for the operation, or a class of operations including the operation, that:

             (i)  radio frequency emissions will not affect the aircraft’s systems; or

            (ii)  procedures are established that will correct any effect the emissions may have before the engines are started.

            Use by operations personnel outside the cabin of the aircraft

          5     Only a designated member of the aircraft operator’s operations personnel (designated operations person) may use a device outside the cabin of the aircraft.

Note   An operator’s operations personnel include employees and contractors involved in loading or fuelling the aircraft.

          6     Each designated operations person may only use a device outside the cabin of the aircraft if:

(a)   it is used outside the fuelling zone; and

(b)   the aircraft operator has trained the person:

             (i)  in how to accurately identify the fuelling zones associated with relevant aircraft; and

            (ii)  not to use a device within those zones; and

           (iii)  to be aware of the risks associated with distraction when using a device; and

           (iv)  in how to mitigate those risks; and

(c)   the aircraft operator has already ensured for the operation, or a class of operations including the operation, that:

             (i)  radio frequency emissions will not affect the aircraft’s systems; or

            (ii)  procedures are established that will correct any effect the emissions may have before the engines are started.