CASA 1059/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address the need for stringent safety standards in civil aviation operations. These regulations are designed to ensure that all aircraft operating within Australian airspace meet the required safety and operational standards, particularly in terms of the equipment and instruments they carry. One such regulation, Subregulation 207(2), mandates that aircraft must be equipped with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). This regulation was introduced to fill a critical gap in ensuring that aircraft are safe and compliant with national and international aviation safety standards. The policy objective behind these regulations is to enhance the safety of civil aviation by imposing strict requirements on aircraft equipment and operational standards. This includes the specific approval for the use of certain types of oxygen dispensing units in aircraft, ensuring that both passengers and crew receive adequate oxygen supply at various altitudes.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) applies specifically to the aircraft VH-MCE, permitting it to be used in operations with a particular make of nasal cannula type individual oxygen dispensing units, provided these units adhere to specific flow rates depending on the altitude. This approval aligns with the broader requirements set forth under the Civil Aviation Regulations 1988, particularly in ensuring that the aircraft meets the safety standards stipulated by the Civil Aviation Safety Authority (CASA). The approval addresses the need for these units to have a minimum flow rate that increases incrementally with altitude, up to a maximum of 18,000 feet, and mandates that above this altitude, only units designed for both nose and mouth oxygen delivery are permissible. The specified flow rate for nasal cannula units is different from that for flight crew members, reflecting the physiological differences in oxygen absorption through nasal versus full-face delivery systems. The approval, which was issued by a delegate of CASA and tabled as a disallowable instrument under regulation 5A, ensures compliance with the operational requirements outlined in section 108.26 of the Orders, including the ratio of full-face to nasal cannula units mandated at higher altitudes.

Key Provisions

The main provisions of the Civil Aviation Regulations 1988 under this approval pertain to the specific requirements for oxygen dispensing units on aircraft, as outlined in subregulation 207(2). This regulation mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment before they can be used in any class of operations. Specifically, section 20.4 of the Orders requires that oxygen must be stored and the dispensing and control equipment installed in compliance with section 108.26. Paragraph 3.1 of section 20.4 mandates that the oxygen flow rates must also comply with section 108.26. The approval under subregulation 207(2) allows aircraft VH-MCE to use a specific make of nasal cannula type individual oxygen dispensing units, provided these units meet the required specifications. The approval imposes several obligations on the parties involved. It mandates that the nasal cannula type oxygen dispensing units must have a flow rate of at least 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. This requirement ensures that the oxygen flow is adequate for the passengers at varying altitudes. Furthermore, the approval maintains that above 18,000 feet, only units designed to cover both the nose and mouth can be used, with a requirement of one such unit for every 15 nasal cannula units installed. This ensures a balanced distribution of oxygen dispensing units and maintains safety standards. Breach of these regulations can result in significant consequences. Under regulation 5A, the approval qualifies as a "prescribed direction or exemption" that affects the operation of an Order, thus making it a disallowable instrument. This means that if Parliament deems it necessary, they can disallow the approval through a disallowance resolution. In addition, failure to comply with the specified oxygen flow rates and equipment requirements can result in enforcement actions against the aircraft operator. The exact penalties for non-compliance are not detailed in the explanatory statement but generally include fines and potential grounding of the aircraft until compliance is achieved. The approval also states that the requirements outlined in paragraph 6.1 of section 108.26 will continue to apply to units designed for the nose and mouth installed in the same aircraft. This ensures that while the nasal cannula units have different flow rate specifications, the overall safety and operational standards are maintained. The approval, having been issued by a delegate of CASA in accordance with regulation 7 of the Regulations, came into operation upon gazettal and must be adhered to by all relevant parties.