CASA 109/01 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, were introduced to regulate the use of Australian aircraft, ensuring safety and compliance with operational standards. The specific approval under subregulation 207(2), allowing the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-FEM, addresses the need for specific equipment and operational standards within the civil aviation sector. This approval was made by a delegate of the Civil Aviation Safety Authority (CASA) and is aimed at ensuring that the equipment used on board the aircraft meets the necessary safety requirements, particularly regarding the supply of oxygen to passengers and crew at various altitudes. The regulation ensures that the specified flow rates and equipment standards are met, thereby maintaining compliance with safety directives as outlined in section 108.26 of the Orders.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) applies specifically to the aircraft identified as VH-FEM, ensuring compliance with the Civil Aviation Regulations 1988. This approval allows the aircraft to operate with a particular make of nasal cannula type individual oxygen dispensing units, which must adhere to specified flow rates dependent on altitude. The flow rate is set at a minimum of 0.3 litres per minute, increasing incrementally by 0.1 litre per minute for every 2,000 feet up to a maximum altitude of 18,000 feet, beyond which only units designed to cover both nose and mouth are permitted. This approval was issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with regulation 7 of the Regulations and has been tabled as a disallowable instrument under regulation 5A, affecting the operation of section 108.26 of the Orders by specifying a different minimum flow rate. The approval came into operation on gazettal and is applicable within the jurisdictional reach of the Commonwealth of Australia.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be equipped with instruments and carry equipment approved or directed by the Civil Aviation Safety Authority (CASA) before engaging in any class of operations. This particular approval under subregulation 207(2) applies to the aircraft VH-FEM and concerns the specific type of oxygen dispensing units it can use. It permits the use of nasal cannula type individual oxygen dispensing units with a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet of altitude up to 18,000 feet. These units, which supply oxygen through the nose only, must comply with the requirements set out in section 108.26 of the Orders. The approval also maintains the requirement that for altitudes above 18,000 feet, oxygen dispensing units must cover both the nose and mouth, and must be supplied in a ratio of one for every 15 units installed. Entities governed by this Act, including aircraft operators and CASA, are obligated to adhere to the specifications and directives set forth in this approval. Aircraft operators must ensure that their aircraft are equipped with the approved oxygen dispensing units and meet the stipulated flow rates. CASA, as the regulatory authority, has the responsibility to monitor compliance and ensure that the approved equipment is correctly installed and operational. Furthermore, the approval explicitly states that the minimum flow rate specified for nasal cannula type units differs from that specified for oxygen equipment used by flight crew members. This distinction is due to the different oxygen delivery mechanisms and the physiological effect on blood oxygen levels. Failure to comply with the provisions set out in this approval could result in significant consequences. The Civil Aviation Regulations 1988 provide for various offences and penalties for non-compliance. For instance, operating an aircraft without the approved instruments and equipment could lead to fines and other civil penalties. Additionally, CASA has the authority to issue directions to rectify non-compliance, and repeated or serious non-compliance could result in more severe penalties, including potential criminal charges. The approval, being a prescribed direction or exemption, is a disallowable instrument as per regulation 5A, and has been tabled accordingly. This approval came into operation upon gazettal, meaning it became effective immediately after being published. The authority to issue this approval was delegated by CASA in accordance with regulation 7 of the Civil Aviation Regulations 1988. The issuance of this instrument by a delegate of CASA ensures that the approval aligns with the overarching safety standards and operational requirements established under the Civil Aviation Act 1988. The regulatory framework thus ensures that all aircraft operating within Australian airspace meet the necessary safety and operational criteria.