The Civil Aviation Safety Authority (CASA) has started project CD 1508OS, which was published on their website 20 January 2016. The project contains the proposed changes to Civil Aviation Regulation (CAR) 234, the issuance of a CAR 234 Legislative Instrument, and revised Civil Aviation Advisory Publication (CAAP) 234-1(2): Guidelines for aircraft fuel requirements, CAAP 215-1(2): Guide to the preparation of Operations Manuals, Volume 2, appendix B9: Fuel management, and the Air Operator’s Certificate (AOC) handbook Volume 2 – Flying Operations – Section 6: Fuel policy and related requirements. Once made into law, the amendments to the existing CAR 234 will commence on 8 November 2018.
A key outcome of the amendment is providing clarity about the regulatory requirements that apply to fuel by having those requirements set out in a legislative instrument. This overcomes difficulties with the previous arrangement, where requirements were set out in guidance material ‘called up’ by regulation, in that the requirements were often not readily recognised as having the force of law. CASA 29/18 – Civil Aviation (Fuel Requirements) Instrument 2018 sets out the legislative requirements that:
- specify the matters that must be referenced by the operator and the pilot in command in determining the quantity of usable fuel required for a flight
- specify the quantities required to commence a flight and also to continue a flight
- require that inflight fuel management be conducted, and
- specify the contingencies to which additional fuel calculation must be applied.
To assist industry and CASA understanding of the changes to the fuel requirements in legislation, the amendment to guidance material CAAP 234-1(2) will be published. It will contain enhanced guidance on the generally applicable fuel related areas of the legislative instrument. CAAP 234-1(2) will differentiate between requirements and guidance.
The ATSB has reviewed the draft project documents for CD 1508OS and considers that the implementation of the CAR 234 Legislative Instrument and CAAP 234-1(2), in conjunction with their requirements reflected in the AOC Handbook, should address the safety issue. The ATSB will continue to monitor the action by CASA. Until that time, the ATSB issues the following Safety Advisory Notice to AOC holders operating aircraft not greater than 5,700 kg.