Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p16
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 16/76)
Character Range: 1875891–1878544

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.

91.495  Only turbine‑engine aircraft to be hot fuelled
 (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) the aircraft is not a turbine‑engine aircraft.
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) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.500  Hot fuelling aircraft—general
 (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