(1) Do Civil Aviation Orders (CAOs) require certain procedures to be followed when refuelling an aircraft when passengers are on board.

(2) What are the penalties imposed on an operator who breaches the above CAOs.

(3) Were all these procedures followed during the refuelling of aircraft VH-EWB, while operating flight AN7221 at Gove airport on 2 August 2000; if not: (a) what action has been taken in response to the breaching of CAOs by this aircraft; (b) who has taken that action; and (c) what are the consequences for the operator of the aircraft.

(4) How many passengers were on the aircraft at the time of its refuelling at Gove Airport on 2 August 2000.

The Civil Aviation Safety Authority (CASA) has provided the following advice -

(1) Civil Aviation Order (CAO) 20.9, sections 4.1 to 4.7 - Fuelling of Aircraft - documents the procedures to be followed when refuelling an aircraft with passengers on board. A copy of this order is attached.

(2) Civil Aviation Orders do not provide penalties. The penalties imposed for breaching the provisions of a CAO are located in the Order's head of power. In this case, CAO 20.9 is made under the authority of Civil Aviation Regulation (CAR) 235(7) which provides that CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.

Further, (CAR) 235(7A) provides that a person must not contravene a direction under subregulation (7).

The direction in this instance is contained in CAO 20.9, sections 4.1 to 4.7. A contravention of CAR 235(7A) is subject to a maximum penalty of 50 penalty units (1 penalty unit is equal to $110). In addition, a contravention of CAR 235(7A) may attract administrative action (eg licence/certificate action) in appropriate circumstances.

(3) No. The Civil Aviation Safety Authority reviewed the circumstances surrounding the refuelling of VH-EWB on 2 August 2000, and requested information from the operator. The operator advised CASA that there was a breakdown in the company's standard operating procedures that resulted in the flight crew omitting to advise the cabin crew that refuelling was to occur at the turnaround point. Following CASA's inquiry and the operator's review of the incident, the operator issued three memos to company staff.

Memo 1 was raised and distributed to all pilots re-enforcing the standard of procedures relating to refuelling with passengers on board. Memo 2 was raised and issued to all flight attendants re-enforcing the standard of procedures relating to refuelling with passengers on board, and Memo 3 was raised and issued to all F28 pilots highlighting the event and directing them to ensure that there was no repeat of the incident.

Following this event, the operator was audited by CASA. The action undertaken by the operator as detailed above was considered satisfactory by the audit team, and no action in response to this specific event was initiated by CASA at that time.

On 12 April 2001 CASA issued the operator with a Notice of Proposed Action Against, or Cancellation of, the company's Air Operators Certificate, which included specific reference to the incident of 2 August 2000. The Notice was issued in response to significant cumulative safety concerns. CASA does not believe that it would be appropriate to provide any further detail in relation to the issue and finalisation of the concerns raised in the Notice until due process has been followed.

(4) CASA is not aware of the number of passengers on board VH-EWB on 2 August 2000 while operating flight AN7221 at Gove Airport.