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(b)   expires at the end of July 2017, as if it had been repealed by another instrument.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                 Instrument CASA EX96/11 is repealed.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.