Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is hot fuelled for the flight; and
(b) a requirement mentioned in subregulation (2) is not met.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.300 applies to the operation: see regulation 91.035.
(2) The requirements are that, at the time of the hot fuelling:
(a) it must be safe to hot fuel; and
(b) if the aircraft is a turbine - engine propeller - driven aeroplane:
(i) an aeroplane propeller must not be within 2.5 m of the fuelling point used for the hot fuelling; and
(ii) a person using the fuelling point must be separated from the propeller by a part of the aeroplane's structure (such as a wing) and must not be able to move directly into the propeller's arc from the fuelling point; and
(c) doors on the fuelling side of the aircraft must be closed; and
(d) at least one door on the non - fuelling side of the aircraft must be open; and
(e) a system of fuelling must not be used that allows fuel to be exposed to the atmosphere; and
(f) there must be a means available to the person fuelling the aircraft to quickly cut off the fuel supply at its point of entry into the aircraft's fuel tank; and
(g) the person in charge of the aircraft, or the person at the aircraft's controls, must maintain communication with the person fuelling the aircraft by means of:
(i) an electronic communication system; or
(ii) visual contact and an agreed system of signals.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).