Instrument number CASA EX78/09

I, michael david quinn, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under subregulations 235 (11) and 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed M.D. Quinn]

Mick Quinn
Deputy Director of Aviation Safety

30 September 2009

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

1 Duration

 This instrument:

(a) commences on the day after it is registered; and

(b) stops having effect at the end of 31 August 2011.

2 Application

 This instrument applies to:

(a) a turbine engine aircraft that:

 (i) has a payload capacity exceeding 3 410 kg; and

 (ii) is being refuelled; 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.

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 Exemption

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

5 Conditions

 The exemption in section 4 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

 1A 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

 2A 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.

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

 4The 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

 5Only 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.

 6Each 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 aeroplanes; 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.