Plese help RE: CPL Air Law - Refuelling

[ops_guy]

Hi guys,

Below is a question from the 2008 version of Bob Tait's CPL Air Law textbook that I am having trouble with. The correct answer is listed as (c) as bolded below.

Q: Passengers may not embark or disenbark from an aircraft of six seat capacity

a) During refuelling with AvGas
b) During refuelling with AvTur with anti-static additive
c) During any refuelling operation
d) When no earth wire is connecting the aircraft to a suitable earth point

I originally thought the correct answer should be (a) as CAO 20.9 p4.2.1 says:

The operator of an aircraft must ensure that avgas is not loaded onto an
aircraft while passengers are on board, or entering or leaving, the aircraft.

To me the above quote says that under no circumstances is AvGas alowed to be loaded on to an aircraft with passengers on board, embarking or disenmbarking.

The reference quote given for the correct answer is CAO 20.9 p4.2.3 which simply says:

Subject to paragraph 4.2.4, the operator of an aircraft without an underwing
fuelling system must ensure that fuel is not loaded on to the aircraft while
passengers are on board, or entering or leaving, the aircraft.

(p4.2.4 refers to non-ambulatory pax remaining on board)

Can you see why I am confused? Does the part about 'six seat capacity' in the question have any significance here? I cannot seem to find it. Is it somewhere mentioned that aircraft with a 6 seat capicity or less cannot have an underwing fueling system? This is the only way I can see the 'correct' answer and reference quote making any (sort-of) sense.

Your help is much appreciated as my exam is on Friday (I am not currently doing any training at a flying school so cannot ask instructors). From this afternoon I will be away for two days, probably without acess to internet so I will try respond if there is an answer befre I leave. Otherwise I will when I get back.

Many thanks,

Opso

[The Green Goblin]

Think about it like this, you need to have approval from CASA to refuel with punters on-board.

If it does not say this, then the answer will be C.

[tmpffisch]

4.2.3 Subject to paragraph 4.2.4, the operator of an aircraft with a maximum seating capacity of less than 20 must ensure that fuel is not loaded on to the aircraft while passengers are on board, or entering or leaving, the aircraft.

4.2.4 The operator of an aircraft with a maximum seating capacity of less than 20 may allow fuel that is not:
(a) avgas; or
(b) an aviation turbine grade which does not contain an anti-static additive;
to be loaded on to the aircraft while a passenger is on board if:

(c) the passenger’s medical condition is such that he or she cannot leave the aircraft without assistance; and
(d) the conditions set out in paragraph 4.2.2 are satisfied.

Pretty self explanatory. No mention of ambulatory passengers, answer is C.

[ops_guy]

tmpffisch - According to the latest version of CAO, those references say different things. That may be what the problem is - it has been changed since the 2008 issue of the Bob Tait Textbook. Here are the same references as you quoted from the latest version (my bolding to highlight)


4.2.3 Subject to paragraph 4.2.4, the operator of an aircraft without an underwing
fuelling system must ensure that fuel is not loaded on to the aircraft while
passengers are on board, or entering or leaving, the aircraft.

4.2.4 The operator of an aircraft that cannot be underwing fuelled may allow fuel to
be loaded onto the aircraft while a passenger is on board if:
(a) the passenger’s medical condition is such that he or she cannot leave the
aircraft without assistance; and
(b) the aircraft’s cabin door is open; and
(c) the equipment used for loading or unloading passengers (if any) is in
position at the door; and
(d) the requirements and conditions set out in paragraph 4.2.2 are satisfied.


So I think we may have found the issue - the CAO has been updated since the textbook I am currently using. Let that be a lesson to those of you studying that you have the latest text book and are familiar with what the Regulations and Orders actually say - don't put all your faith in the textbook. Silly me.

Thanks guys.

[VH-XXX]

Don't be confused by the 6 seat capacity. It may as well have been a 2 seat aircraft, however if it had said 100 capacity it would get confusing as is is far more likely to have an underwing refuelling system (which is not even mentioned in the available answers).

[tmpffisch]

Sorry.

Still gives you the same answer though........

[ops_guy]

Sorry.

Still gives you the same answer though........


Well since the CAO has been changed that question probably wouldn't come up in the test (ie: no reference to aircraft of seating capacity less than 20 in the refuelling requirements) and I guess worded differently to account for the underwing fuelling system.

Thanks again,

Opso

[The Green Goblin]

I think you need to have a practical perspective of this. Would you shutdown a 210 with a full load of punters at a fuel bowser in Jabiru, and proceed to top her up for the trip home to Darwin?

[ops_guy]

I think you need to have a practical perspective of this. Would you shutdown a 210 with a full load of punters at a fuel bowser in Jabiru, and proceed to top her up for the trip home to Darwin?


Well according the CAOs you cannot have people on board at all when refuelling with AvGas. As I'm doing my Air Law Exam I will be needing to answer with what the Regs/Orders say. So to answer your question, legally you should have the punters off the plane whilst you refuel. :)

[The Green Goblin]

Exactly my point :ok: