Federal Register of Legislation - Australian Government

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CASA EX113/20 Exemptions as made
This instrument, subject to existing conditions imposed in the interests of air navigation safety, continues to enable the following persons to use portable electronic devices in certain locations during the fuelling of a turbine-engined aircraft that is fuelled using an underwing fuelling system: (a) the operator of an aircraft of that kind; (b) the pilot in command of an aircraft of that kind; (c) members of the operator’s personnel.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 Jul 2020
To be repealed 25 Mar 2021
Repealed by Self Repealing

Instrument number CASA EX113/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

30 July 2020

CASA EX113/20 — Use of Portable Electronic Devices during Fuelling Instrument 2020

1          Name

                 This instrument is CASA EX113/20 — Use of Portable Electronic Devices during Fuelling Instrument 2020.

2          Duration

                 This instrument:

(a)   commences on 1 August 2020; and

(b)   is repealed at the earlier of the following:

             (i)  the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018;

            (ii)  the end of 31 July 2023.

Note   For regulation 11.250 of CASR, the directions in section 10 cease to be in force on the day that this instrument is repealed.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aircraft, operator, of an aircraft, passenger and pilot in command.

                 In this instrument:

fuelling zone means the area within a 3-metre radius of each of the following:

(a)   the filling points of an aircraft;

(b)   the vent outlets of the aircraft;

(c)   equipment in use for fuelling the aircraft;

(d)   if applicable — a hydrant valve in use for fuelling the aircraft.

IEEE 802.11 wireless standard means the latest version of the standard titled IEEE Standard for Information technology--Telecommunications and information exchange between systems Local and metropolitan area networks--Specific requirements - Part 11: Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) Specifications, published by the Institute of Electrical and Electronics Engineers, as existing from time to time.

Note   The latest version of the IEEE standard mentioned in the definition of IEEE 802.11 wireless standard is freely available to view or download by creating a free account with the IEEE Get Program: see https://ieeexplore.ieee.org/browse/standards/get-program/page/series?id=68 and https://ieeexplore.ieee.org/document/8457463.

PED means a portable electronic device that:

(a)   transmits on a digital mobile telephony frequency; or

(b)   transmits on a frequency specified in an IEEE 802.11 wireless standard; or

(c)   emits radio waves but does not have a transmitter.

regulated conduct means the use of a PED while a turbine-engined aircraft is being fuelled using an underwing fuelling system.

4          Application

                 This instrument applies in relation to turbine-engined aircraft that are fuelled using an underwing fuelling system.

5          Exemptions — operator of aircraft

        (1)     The operator of an aircraft is exempt from compliance with subregulation 235 (7A) of CAR, to the extent that a direction given by CASA under subregulation 235 (7) of CAR requires the operator to ensure that, before fuel is loaded onto the aircraft:

(a)   passengers are told not to engage in regulated conduct in the cabin of the aircraft; and

(b)   members of the operator’s personnel who are on board, or entering or leaving, the aircraft are told not to engage in regulated conduct.

        (2)     The operator of an aircraft is exempt from compliance with subregulation 235 (7A) of CAR, to the extent that a direction given by CASA under subregulation 235 (7) of CAR requires the operator to take reasonable steps to ensure that a member of the operator’s personnel does not engage in regulated conduct outside the cabin of the aircraft.

Note   For the same kind of exemption related to the pilot in command of an aircraft, see subsection 7 (1).

        (3)     The operator of an aircraft is exempt from compliance with sub‑subparagraph 4.2.2 (a) (iii) of Civil Aviation Order 20.9, to the extent that the sub-subparagraph requires the operator to ensure that, before fuel is loaded onto the aircraft:

(a)   passengers are told not to engage in regulated conduct in the cabin of the aircraft; and

(b)   members of the operator’s personnel who are on board, or entering or leaving, the aircraft are told not to engage in regulated conduct.

        (4)     The operator of an aircraft is exempt from subparagraph 4.2.2 (b) of Civil Aviation Order 20.9, to the extent that the subparagraph requires the operator to ensure that:

(a)   passengers obey the instruction, mentioned in paragraph (3) (a), not to engage in regulated conduct in the cabin of the aircraft; and

(b)   members of the operator’s personnel who are on board, or entering or leaving, the aircraft obey the instruction, mentioned in paragraph (3) (b), not to engage in regulated conduct.

        (5)     The operator of an aircraft is exempt from compliance with subparagraph 4.4.3 (b) of Civil Aviation Order 20.9, to the extent that the subparagraph requires the operator to take reasonable steps to ensure that a member of the operator’s personnel does not engage in regulated conduct outside the cabin of the aircraft.

Note   For the same kind of exemption related to the pilot in command of an aircraft, see subsection 7 (2).

        (6)     The exemptions in paragraphs (1) (a) and (3) (a) are subject to the conditions mentioned in paragraphs 8 (b), (c) and (d).

        (7)     The exemptions in paragraphs (1) (b) and (3) (b) are subject to the conditions mentioned in paragraphs 8 (a), (c) and (d) and subsection 9 (2).

        (8)     The exemptions in subsections (2) and (5) are subject to the conditions mentioned in paragraphs 8 (c) and (d) and subsection 9 (2).

6          Exemptions — members of operator’s personnel outside cabin of aircraft

        (1)     Members of an operator’s personnel are exempt from compliance with subregulation 235 (7A) of CAR, to the extent that a direction given by CASA under subregulation 235 (7) of CAR requires the members not to engage in regulated conduct outside the cabin of the aircraft.

        (2)     Members of an operator’s personnel are exempt from compliance with subparagraph 4.4.3 (b) of Civil Aviation Order 20.9, to the extent that the subparagraph requires the members not to engage in regulated conduct outside the cabin of the aircraft.

        (3)     The exemptions in subsections (1) and (2) are subject to the conditions mentioned in subsection 9 (1).

7          Exemptions — pilot in command of aircraft

        (1)     The pilot in command of an aircraft is exempt from compliance with subregulation 235 (7A) of CAR, to the extent that a direction given by CASA under subregulation 235 (7) of CAR requires the pilot in command to take reasonable steps to ensure that a member of the operator’s personnel does not engage in regulated conduct outside the cabin of the aircraft.

        (2)     The pilot in command of an aircraft is exempt from compliance with subparagraph 4.4.3 (b) of Civil Aviation Order 20.9, to the extent that the subparagraph requires the pilot in command to take reasonable steps to ensure that a member of the operator’s personnel does not engage in regulated conduct outside the cabin of the aircraft.

8          Conditions — operators of aircraft

                 An operator must:

(a)   take all reasonable steps to ensure that members of the operator’s personnel comply with the condition mentioned in subsection 9 (1); and

(b)   take all reasonable steps to ensure that the pilot in command of an aircraft complies with the direction mentioned in subsection 10 (2); and

(c)   implement procedures to ensure that:

             (i)  the safety of a fuelling operation will not be adversely affected by radio frequency emissions or transmissions from a PED; and

            (ii)  the conditions in this instrument are complied with; and

(d)   include in its operations manual:

             (i)  requirements for specified operator personnel to follow the procedures mentioned in paragraph (c); and

            (ii)  a copy of this instrument.

9          Conditions — member of operator’s personnel and related specification by operator

        (1)     A member of an operator’s personnel may engage in regulated conduct outside the cabin of the aircraft only if the member:

(a)   is specified by the operator for the purpose of this subsection; and

(b)   engages in the regulated conduct outside the fuelling zone; and

(c)   has received training from the operator:

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

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

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

           (iv)  in how to mitigate those risks.

        (2)     The operator may specify a person for subsection (1) only if the operator is satisfied that the person has satisfactorily completed the training mentioned in paragraph (1) (c).

10        Directions — persons in cabin of aircraft and pilot in command of aircraft

        (1)     For regulation 11.245 of CASR, a person must not engage in regulated conduct in the cabin of an aircraft unless the pilot in command of the aircraft gives permission for the person to engage in regulated conduct.

        (2)     For regulation 11.245 of CASR, the pilot in command of an aircraft must not give the permission mentioned in subsection (1) unless:

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

(b)   the operator has notified the pilot in command that the operator has, in relation to a fuelling operation, complied with the conditions mentioned in subparagraph 8 (c) (i) and paragraph 8 (d).