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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 91 : General Aviation and Operating Flight Rules

Subpart 7 : Flight Operations

91.07.12 Fuel and oil requirements

[Regulation 91.07.12 heading substituted by regulation 9(g) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth  Amendment of the Civil Aviation Regulations, 2017)]

 

(1) A pilot-in-command of an aircraft shall not commence a flight unless he or she is satisfied that the aircraft is carrying sufficient amount of usable fuel and sufficient oil to complete the planned flight safely and to allow for deviations from the planned operation.

[Regulation 91.07.12(1) substituted by regulation 9(g) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth  Amendment of the Civil Aviation Regulations, 2017)]

 

(2) The pilot-in-command shall ensure that the amount of useable fuel to be carried shall, as a minimum, be based on:
(a) The following data:
(i) Current aircraft-specific data derived from a fuel consumption monitoring system, if available; or
(ii) If current aircraft-specific data is not available, data provided by the aeroplane manufacturer; and
(b) the operator conditions for the planned flight including:
(iii) anticipated aeroplane mass;
(iv) Notices to Airmen;
(v) Current meteorological reports or a combination of current reports and forecasts;
(vi) Air traffic services procedures, restrictions and anticipated delays; and
(vii) The effects of deferred maintenance items and/or configuration deviations.

 

(3) The pre-flight calculation of usable fuel required shall include:
(a) Taxi fuel, which shall be the amount of fuel expected to be consumed before take-off; taking into account local conditions at the departure aerodrome and auxiliary power unit (APU) fuel consumption;

[Regulation 91.07.12(3)(a) substituted by regulation 11(e) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]

(b) Trip fuel, Which shall be the amount of fuel required to enable the aeroplane to fly from take-off or the point of in-flight re-planning until landing at the destination aerodrome taking into account the operating conditions of subregulation 91.07.12 (2)(b);
(c) Contingency fuel, which shall be the amount of fuel required to compensate for unforeseen factors. It shall be five per cent of the planned trip fuel or of the fuel required from the point of in-flight replanning based on the consumption rate used to plan the trip fuel but in any case shall, in the case of aeroplanes, shall not be lower than the amount required to fly for 5 minutes at holding speed at 1 500 ft above the destination aerodrome in standard conditions;

Note: unforeseen factors are those factors that could have an influence on the fuel consumption to the destination aerodrome, such as deviations of an individual aeroplane from the expected fuel consumption data, deviations from forecast meteorological conditions, extended delays.

[Regulation 91.07.12(3)(c) (Note) substituted by regulation 11(f) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]

(d) Destination alternate fuel, which shall be:
(i) Where a destination alternate aerodrome is required, the amount of fuel required to enable the aeroplane to:
(aa) Perform a missed approach at the destination aerodrome;
(bb) Climb to the expected cruising altitude;
(aa) fly the expected routing;
(bb) descend to the point where expected approach is initiated; and
(cc) conduct the approach and landing at the destination alternate aerodrome; or
(ii) Where two destination alternate aerodromes are required, the amount of fuel, as calculated in subregulation 91.07.12 (3) , required to enable the aeroplane to proceed to the destination alternate aerodrome which requires the greater amount of alternate fuel; or
(iii) Where a flight is operated without a destination alternate aerodrome, the amount of fuel required to enable the aeroplane to fly for 15 minutes at holding speed at (1 500 ft) above the destination aerodrome elevation in standard conditions; or
(iv) Where the aerodrome of intended landing is an isolated aerodrome:
(aa) For a reciprocating engine aeroplane, the amount of fuel required to fly for 45 minutes plus 15 per cent of the flight time planned to be spent at cruising level, including final reserve fuel, or two hours, whichever is less; or
(bb) For a turbine engine aeroplane, the amount of fuel required to fly for two hours at normal cruise consumption above the destination aerodrome, including final reserve fuel;
(e) Final reserve fuel, which shall be the amount of fuel calculated using the estimated mass on arrival at the destination alternate aerodrome or the destination aerodrome, when no destination alternate aerodrome is required:
(i) For a reciprocating engine aeroplane, the amount of fuel required to fly for 45 minutes, under speed and altitude conditions specified by the Director
(ii) For a turbine engine aeroplane, the amount of fuel required to fly for 30 minutes at holding speed at 1 500 ft above aerodrome elevation in standard conditions;
(f) Additional fuel, which shall be the supplementary amount of fuel required if the minimum fuel calculated in accordance with subregulations 91.07.12 (a), (b), (c), (d) or (e) is not sufficient to:
(i) Allow the aeroplane to descend as necessary and proceed to an alternate aerodrome in the event of engine failure or loss of pressurization, whichever requires the greater amount of fuel based on the assumption that that such a failure occurs at the most critical point along the route;
(aa) Fly for 15 minutes at holding speed at 1 500 ft above aerodrome elevation in standard conditions; and
(bb) Make an approach and landing
(ii) Allow an aeroplane engaged in EDTO to comply with the EDTO critical fuel scenario as established by the Director.
(iii) Meet additional requirements not covered above;
(g) Discretionary fuel, which shall be the extra amount of fuel to be carried at the discretion of the pilot-in-command.

 

(4) Operators shall determine one final reserve fuel value for each aeroplane type and variant owned or operated rounded up to an easily recalled figure.

 

(5) An aeroplane shall not take off or continue from the point of in-flight replanning unless the usable fuel on board meets the requirements prescribed in paragraphs (b), (d), (e) or (f) of subregulation 91.07.12(3), if applicable.

[Regulation 91.07.12(5) substituted by regulation 11(g) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]

 

(6) The pilot-in-command shall continually ensure that the amount of usable fuel remaining on board is not less than the fuel required to proceed to an aerodrome where a safe landing can be made with the planned final reserve fuel remaining upon landing.

Note—         Guidance on procedures for in-flight fuel management including reanalysis, adjustment and /or re-planning considerations when a flight begins to consume contingency fuel before take-off is contained in the In-Flight Fuel Management TGM on the CAA website.

[Regulation 91.07.12(6) (Note) inserted by regulation 11(g) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]

 

(6A) The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, if applicable, adjustment of the planned operation.

[Regulation 91.07.12(6A) inserted by regulation 11(h) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]

 

(7) The pilot-in-command shall request delay information from ATC when unanticipated circumstances may result in landing at the destination aerodrome with less than the final reserve fuel plus any fuel required to proceed to an alternate aerodrome or the fuel required to operate to an isolated aerodrome.

 

(8) The pilot-in-command shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific aerodrome, the pilot calculates that any change to the existing clearance to that aerodrome may result in landing with less than planned final reserve fuel.

Note: The declaration of MINIMUM FUEL informs ATC that all planned aerodrome options have been reduced to a specific aerodrome of intended landing and any change to the existing clearance may result in landing with less than the planned final reserve fuel. This is not an emergency situation but an indication that an emergency situation is possible should any additional delay occur.

 

(9) The pilot-in-command shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAY MAYDAY FUEL, when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel.

 

(10) Notwithstanding the provisions in subregulations 91.07.12(3) (a), (b), (c), (d), and (f); the Director may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve variations to the pre-flight fuel calculation of taxi fuel, trip fuel, contingency fuel, destination alternate fuel, and additional fuel. The specific safety risk assessment shall include at least the:
(i) Flight fuel calculations;
(ii) Capabilities of the operator include:
(aa) A data-driven method that includes a fuel consumption monitoring programme; and/or
(bb) The advanced use of alternate aerodromes; and
(iii) Specific mitigation measures.

 

[Regulation 91.07.12 substituted by regulation 15 of Notice No. R. 535, GG 36712, dated 30 July 2013 (Fourth Amendment to the Civil Aviation Regulations, 2013)]