CASA 1073/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aim to ensure the safety of civil aviation operations within the country. A significant gap addressed by these regulations is the need for stringent oversight and uniformity in the approval of aircraft instruments and equipment. This is particularly critical to ensure that all aircraft meet safety standards before being used in various classes of operations. Under subregulation 207(2) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to approve the instruments and equipment that must be fitted or carried on Australian aircraft. This particular approval under subregulation 207(2) allows the aircraft VH-BNL to operate with a specific make of nasal cannula type individual oxygen dispensing units, provided they meet the specified flow rate requirements. The approval was issued by a delegate of CASA in accordance with regulation 7 of the Regulations and has been tabled as a disallowable instrument under regulation 5A.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 pertains to the use of specific nasal cannula type individual oxygen dispensing units on aircraft VH-BNL. The regulation applies to the aircraft itself, specifically dictating that it must be fitted with the approved oxygen dispensing units with a minimum flow rate of 0.3 litres per minute, increasing incrementally with altitude up to a maximum of 18,000 feet. This approval serves to align with the overarching safety requirements outlined in section 108.26 of the Civil Aviation Orders, ensuring compliance with the Civil Aviation Safety Authority's (CASA) standards for aircraft operations. The specified flow rate for these units differs from that required for oxygen equipment used by flight crew members, reflecting the different physiological requirements of passengers. The approval stipulates that above 18,000 feet, only units designed for nose and mouth use are permissible, maintaining the required ratio of one such unit for every 15 oxygen dispensing units installed in the aircraft. This regulatory measure is integral to maintaining safety and operational standards within the aviation industry, and it has been issued by a delegate of CASA, in accordance with the Regulations.

Key Provisions

The primary sections in question here are Section 98 of the Civil Aviation Act 1988 and subregulation 207(2) of the Civil Aviation Regulations 1988. Section 98 empowers the Governor-General to create regulations, while subregulation 207(2) specifies that an Australian aircraft must be equipped with approved instruments and equipment as determined by the Civil Aviation Safety Authority (CASA). This requirement is further detailed in section 20.4 of the Orders, which mandates that oxygen must be stored and dispensing equipment must be installed and operational in accordance with section 108.26. The obligations under these sections for the parties involved include ensuring that any aircraft used in Australian operations are equipped with CASA-approved instruments and equipment. Specifically, for the aircraft VH-BNL, this means adhering to the specifications outlined in the approval concerning the use 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 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, the maximum altitude for these units as per section 108.26. Above 18,000 feet, only units designed to cover both the nose and mouth can be used and must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. Failure to comply with these provisions can result in civil or criminal consequences. The approval issued under subregulation 207(2) is a prescribed direction or exemption as defined in regulation 5A of the Regulations, making it a disallowable instrument. This means that if the requirements are not met, the operation of the aircraft could be affected. The approval itself came into operation on the date of gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations. The specific penalties for non-compliance are not detailed in the provided text, but they would likely include fines, operational restrictions, or other regulatory actions to ensure compliance with safety standards.