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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.490

Fuelling turbine - engine aircraft--low - risk electronic devices

Use of device inside cabin of aircraft

  (1)   A person on a turbine - engine aircraft for a flight contravenes this subregulation   if:

  (a)   the person operates a low - risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and

  (b)   the pilot in command of the aircraft has not given the person permission to operate the device while the aircraft is being fuelled.

  (2)   The pilot in command of a turbine - engine aircraft for a flight contravenes this subregulation   if:

  (a)   the pilot in command gives permission to a person to operate a low - risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and

  (b)   the requirement mentioned in subregulation   (3) is not met.

  (3)   The requirement is that, during fuelling, each cabin door within 3 m of a critical fuelling point for the fuelling of the aircraft must be closed.

Use of device outside cabin of aircraft

  (4)   A person contravenes this subregulation   if:

  (a)   the person operates a low - risk electronic device outside the cabin of a turbine - engine aircraft while the aircraft is being fuelled; and

  (b)   a requirement mentioned in subregulation   (5) is not met.

  (5)   The requirements are the following:

  (a)   the device must be operated at a distance of greater than 3 m from each critical fuelling point for the fuelling of the aircraft;

  (b)   the device may also be operated at a distance of 3 m or less from a critical fuelling point for the fuelling of the aircraft if the person operating the device:

  (i)   is employed or engaged by the operator of the aircraft; and

  (ii)   has successfully completed training and has been assessed by the operator as competent to comply with the requirements of this Division in relation to operating the device in those areas and to avoid the risks associated with being distracted when operating the device.

  (6)   A person commits an offence if the person contravenes subregulation   (1), (2) or (4).

Penalty:   50 penalty units.


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