CASA 1012/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, were introduced to ensure the safety and efficiency of civil aviation operations within the country. This legislation empowers the Governor-General to make regulations governing various aspects of aviation, including the equipment and instruments that must be installed and carried on aircraft. Specifically, the regulations mandate that Australian aircraft must only be used in operations if they are equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by CASA. This approval under subregulation 207(2) allows for the use of a particular make of nasal cannula type individual oxygen dispensing units on the aircraft VH-SMK, provided the units meet certain flow rate requirements and comply with other specified standards. This approval addresses a specific need to ensure that the oxygen dispensing units on the aircraft meet safety standards while operating at various altitudes.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) pertains to the use of specific oxygen dispensing units on the aircraft VH-SMK, ensuring compliance with the Civil Aviation Regulations 1988. This approval applies to the aircraft and its operation within the scope of the Civil Aviation Act 1988, overseen by the Civil Aviation Safety Authority (CASA). It specifies the use of nasal cannula type individual oxygen dispensing units for the aircraft, with a defined flow rate that increases with altitude, aligning with safety standards outlined in section 108.26 of the Orders. The approval acknowledges that these units, which supply oxygen through the nose, can operate at a lower flow rate compared to units covering both the nose and mouth, maintaining equivalent oxygen levels in the blood. Additionally, it mandates that at altitudes above 18,000 feet, only units designed to cover both the nose and mouth can be used, supplied in a specific ratio as per the Orders. This approval is a prescribed direction or exemption and has been tabled as a disallowable instrument under regulation 5A. It came into operation upon gazettal and was issued by a delegate of CASA in accordance with regulation 7 of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), outline the requirements for the use of Australian aircraft in various operations. Specifically, section 20.4 of the Regulations mandates that oxygen must be stored and dispensing and control equipment must be installed on an aircraft according to section 108.26 of the Civil Aviation Orders. Additionally, the minimum rates of oxygen flow on an aircraft must adhere to the same section, 108.26. This particular approval under subregulation 207(2) allows aircraft VH-SMK to use a specific make of nasal cannula type individual oxygen dispensing units. These units must have a flow rate of at least 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to a maximum altitude of 18,000 feet, which is the limit for these units under section 108.26. These nasal cannula type units supply oxygen through the nose only. Above 18,000 feet, only units designed to cover both the nose and mouth can be used. Moreover, under paragraph 5.1.2 of section 108.26, these latter types of units must be provided in a ratio of one for every 15 oxygen dispensing units installed. This requirement remains in effect as stated in the approval. The approval also stipulates that the flow rate specified for nasal cannula type units differs from the flow rate for oxygen equipment used by flight crew members, as outlined in paragraph 6.1 of section 108.26. Since nasal cannula type units deliver oxygen directly to the lungs through the nose, a lower flow rate achieves the same level of oxygen in the blood as specified in paragraph 6.1. The approval further clarifies that the flow rate specified in paragraph 6.1 applies to units designed for both the nose and mouth that are installed in the same aircraft. Under regulation 5A, any “prescribed direction or exemption” that impacts the operation of an Order is considered a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is therefore classified as a prescribed direction or exemption as defined in regulation 5A. Consequently, it has been tabled as a disallowable instrument. The approval came into effect upon gazettal and has been issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with regulation 7 of the Regulations. Breach of the regulations outlined in the approval could result in significant consequences. The Civil Aviation Regulations 1988 impose obligations on the parties or entities it governs to ensure compliance with the specified requirements. Failure to meet these requirements can lead to various penalties. For example, under section 98 of the Civil Aviation Act 1988, non-compliance with the regulations can result in fines and potential criminal charges. The maximum penalties for serious violations can be substantial, including hefty fines and imprisonment. Additionally, operational licenses may be suspended or revoked, leading to significant disruptions in aviation activities. The regulatory framework is designed to ensure the safety and efficiency of civil aviation, and any breaches can have severe repercussions for both the individuals and entities involved.