CASA 106/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted to provide a comprehensive regulatory framework governing civil aviation in Australia, was introduced to address the need for stringent safety standards and regulatory oversight in the aviation sector. The Civil Aviation Orders Approval under subregulation 207(2), issued by the Civil Aviation Safety Authority (CASA), aligns with the overarching objective of ensuring that Australian aircraft meet specific safety requirements before being used in any class of operations. This particular approval pertains to the use of nasal cannula type individual oxygen dispensing units on aircraft VH-CAA, establishing a specific flow rate requirement that accommodates the unique physiological delivery of oxygen through nasal cannulas. By specifying a different minimum flow rate for these units compared to the flow rate required for oxygen equipment used by flight crew members, the regulation ensures that the safety and health of passengers are adequately safeguarded, while also complying with the broader regulatory framework set out in the Civil Aviation Orders.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft registered as VH-CAA in Australia, allowing them to operate with a particular make of nasal cannula type individual oxygen dispensing units. This particular approval pertains to the use of oxygen equipment on aircraft, ensuring that the units comply with the flow rate requirements set out in section 108.26 of the Civil Aviation Orders. The flow rate for these units must be at least 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to an altitude of 18,000 feet, beyond which only units designed to cover the nose and mouth can be used. This approval also stipulates that the ratio of such units to other oxygen dispensing units must be 1 for every 15 units installed, in accordance with section 108.26. The approval modifies the minimum flow rate specified in section 108.26 for oxygen equipment used by flight crew members, acknowledging that nasal cannula units provide sufficient oxygen at a lower flow rate. As a disallowable instrument, this approval has been tabled and has the effect of a prescribed direction or exemption as defined in regulation 5A of the Civil Aviation Regulations 1988. The approval was issued by a delegate of the Civil Aviation Safety Authority in accordance with regulation 7 of the Regulations and came into operation upon gazettal.

Key Provisions

The primary operative sections of this legislation are subregulation 207(2) of the Civil Aviation Regulations 1988 and section 108.26 of the Civil Aviation Orders. Subregulation 207(2) stipulates that an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by them. Section 108.26 outlines the specific requirements for oxygen equipment on aircraft, including the types of oxygen dispensing units that must be installed and their flow rates. This approval under subregulation 207(2) specifically permits aircraft VH-CAA to use a particular make of nasal cannula type individual oxygen dispensing units. The obligations imposed by this Act on the parties it governs include ensuring that the aircraft in question is equipped with the approved oxygen dispensing units that meet the specified flow rates. Operators of aircraft VH-CAA must ensure that these units are installed and operational before conducting any flight operations. The approval mandates that these units must have a flow rate of no less than 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet of altitude up to 18,000 feet. At altitudes above 18,000 feet, only units designed to cover both the nose and mouth are permitted, and they must be supplied in a ratio of one unit for every 15 oxygen dispensing units installed. In terms of consequences for non-compliance, the legislation outlines both civil and criminal penalties. Under regulation 5A, the approval is considered a "prescribed direction or exemption" that affects the operation of an Order and is therefore a disallowable instrument. This means that the approval can be challenged and disallowed by the Parliament, which can lead to significant ramifications for non-compliance. Additionally, failure to adhere to the specified flow rates and equipment requirements could result in the aircraft being grounded, and operators could face fines or other regulatory action from CASA. The exact penalties would depend on the severity and frequency of the breaches, but they could include substantial financial penalties and potential criminal charges in cases of gross negligence or willful disregard for safety regulations.