Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p18
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 18/76)
Character Range: 1880810–1883423

and
 (b) the fuelling begins or continues when a person who is not a crew member of the aircraft is:
 (i) on the aircraft; or
 (ii) boarding the aircraft; or
 (iii) disembarking from the aircraft.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is being fuelled with fuel other than a highly volatile fuel; and
 (b) the fuelling begins or continues when a person who is not a crew member of the aircraft is:
 (i) on the aircraft; or
 (ii) boarding the aircraft; or
 (iii) disembarking from the aircraft; and
 (c) neither the operator of the aircraft nor the pilot in command holds an approval under regulation 91.045 to fuel the aircraft in those circumstances.
Note: This regulation does not apply to the operation of an aircraft if regulation 121.240, 133.195, 135.220 or 138.302 applies to the operation: see regulation 91.035.
 (2A) Subregulation (1) or (2) does not apply in relation to the replacement of fuel cylinders on a Part 131 aircraft.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2A): see subsection 13.3(3) of the Criminal Code.

91.515  Fuelling aircraft if fuel vapour detected
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft is being fuelled for the flight; and
 (b) a person who is not a crew member of the aircraft is:
 (i) on the aircraft; or
 (ii) boarding the aircraft; or
 (iii) disembarking from the aircraft; and
 (c) fuel vapour is detected in the aircraft; and
 (d) the aircraft continues to be fuelled.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 91.D.7—Safety of persons on aircraft and cargo requirements

91.520  Crew members to be fit for duty
 (1) A crew member of an aircraft for a flight contravenes this subregulation if:
 (a) the crew member is, or is likely to be, unfit to perform a duty:
 (i) that is a required duty for the crew member to perform during the flight; and
 (ii) that is related to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and
 (b) the crew member begins to carry out the crew member's duties for the flight.
 (2) A crew member of an aircraft for a flight contravenes this subregulation if:
 (a) the crew member carries out a duty for the flight; and
 (b) either:
 (i) the crew member consumes alcohol at