CASA 1082/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations governing civil aviation safety in Australia. This legislation aims to ensure that aircraft operations are conducted safely and efficiently, adhering to internationally recognised standards. Enacted by the Parliament of Australia, the Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning civil aviation. The policy objective of the Civil Aviation Regulations 1988 is to maintain the highest possible level of safety in civil aviation by setting stringent operational and equipment standards. An explanatory statement under the Civil Aviation Orders addresses specific operational approvals for aircraft, such as the use of certain oxygen dispensing units for aircraft VH-DDC, aligning with the regulatory framework outlined in section 108.26 of the Orders. This approval, issued by a delegate of the Civil Aviation Safety Authority (CASA), ensures compliance with safety standards while allowing flexibility in certain operational aspects.

Scope and Application

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. Specifically, this approval pertains to aircraft VH-DDC, allowing it to operate with a particular 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 an altitude of 18,000 feet, which is the maximum altitude permitted for such units under section 108.26. For altitudes above 18,000 feet, only units designed to cover both the nose and mouth are permissible, and they must be supplied in a ratio of one for every 15 oxygen dispensing units installed. This approval acknowledges that the specified minimum flow rate for nasal cannula type units differs from that required for oxygen equipment used by flight crew members, recognising that nasal cannula type units deliver oxygen more efficiently directly to the lungs through the nose. Furthermore, the approval ensures that the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed for the nose and mouth installed in the same aircraft. The approval has been issued by a delegate of CASA and became effective upon gazettal, and as it constitutes a prescribed direction or exemption affecting an Order, it has been tabled as a disallowable instrument under regulation 5A.

Key Provisions

The key provisions of the Civil Aviation Orders under the Civil Aviation Regulations 1988 (the Regulations) that are pertinent here are sections 20.4 and 108.26, as well as subregulation 207(2). Section 20.4 stipulates that oxygen must be stored on an aircraft and appropriate dispensing and control equipment must be installed, in accordance with section 108.26 (paragraph 3.1). Additionally, the minimum rates of oxygen flow must comply with the same section (paragraph 3.2). Subregulation 207(2) mandates 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). This approval under subregulation 207(2) specifically allows the aircraft VH-DDC to use a particular make of nasal cannula type individual oxygen dispensing units, provided that these units have a minimum flow rate of 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. Above this altitude, only units designed to cover both the nose and mouth can be used. Furthermore, the ratio of these latter units to the nasal cannula type units must be 1 for every 15 units installed (paragraph 5.1.2 of section 108.26). Entities governed by these provisions are required to ensure that their aircraft meet the specified standards for oxygen dispensing equipment and flow rates as outlined in the approval. This includes verifying the type and configuration of oxygen dispensing units and ensuring they comply with the specified flow rates at different altitudes. Compliance with these requirements is critical for the safety of the aircraft and its occupants, particularly in the context of in-flight oxygen supply. Breaches of these regulations can result in significant penalties. Under the Civil Aviation Act 1988, violations may lead to both civil and criminal consequences. The maximum penalties can include fines and imprisonment, reflecting the seriousness with which the legislation treats compliance with safety standards. Additionally, any disallowable instrument, such as this approval, which affects the operation of an Order, can be subject to disallowance by Parliament, as stipulated in regulation 5A of the Regulations.