EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Paragraph 3.1 of section 20.4 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-MNZ to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than 0.3 litre per minute increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, are designed to ensure the safety and efficiency of civil aviation within Australia. These regulations provide the framework for the operation of aircraft and related activities, including the fitting of instruments and equipment necessary for safe operations. One such regulation, subregulation 207(2), mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. An explanatory statement issued under this regulation permits the aircraft VH-MNZ to use a specific type of nasal cannula oxygen dispensing units, provided they meet certain flow rate criteria. This approval addresses a specific operational requirement by allowing the use of these units at altitudes up to 18,000 feet, aligning with safety standards while accommodating the unique physiological needs of passengers using nasal cannulas. The policy objective of these regulations is to ensure that all aircraft operations adhere to stringent safety standards, thereby protecting the public and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Orders, as regulated under subregulation 207(2) of the Civil Aviation Regulations 1988, apply to any Australian aircraft used in any class of operations, ensuring that such aircraft are fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) specifically permits the use of a particular make of nasal cannula type individual oxygen dispensing units on the aircraft VH-MNZ, allowing it to operate within specified parameters. 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. The approval delineates that above 18,000 feet, units designed to cover both the nose and mouth must be used, and these must be supplied in a ratio of one for every 15 oxygen dispensing units installed on the aircraft. This approval modifies the flow rate requirements for nasal cannula type units compared to those specified for flight crew members, reflecting the differing physiological needs of passengers versus crew. The approval also clarifies that the flow rate specified for flight crew members remains applicable to units covering both the nose and mouth installed on the same aircraft.
Key Provisions
The key provisions of this legislation pertain to the Civil Aviation Orders under subregulation 207(2) of the Civil Aviation Regulations 1988 (paragraph 1). Specifically, this approval allows for the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-MNZ, provided they meet certain conditions. These conditions include a minimum flow rate of 0.3 litres per minute, which increases by 0.1 litres per minute for every 2,000 feet up to an altitude of 18,000 feet, the maximum altitude for which these units are permitted (paragraph 2). It is important to note that these units only supply oxygen through the nose and must be supplemented by units that cover both the nose and mouth above 18,000 feet (paragraph 3). Additionally, the ratio of these latter units must be 1 for every 15 oxygen dispensing units installed (paragraph 4).
The obligations imposed by this legislation on the parties or entities it governs are centred around compliance with the specified flow rates and equipment requirements for oxygen dispensing units (paragraphs 5 and 6). Aircraft operators must ensure that their aircraft are fitted with the approved units and adhere to the prescribed flow rates, depending on altitude. This includes maintaining the correct ratio of units designed to cover both the nose and mouth above 18,000 feet. Operators must also ensure that the units specified in paragraph 6.1 of section 108.26 continue to apply to the units designed to cover the nose and mouth installed in the same aircraft (paragraph 7).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of these provisions. However, non-compliance with the Civil Aviation Regulations 1988 and the associated Orders could potentially result in enforcement actions by the Civil Aviation Safety Authority (CASA) or other regulatory bodies (paragraph 8). Such actions could include fines, suspension or revocation of operating permits, or other regulatory sanctions. The specific penalties for non-compliance would depend on the nature and severity of the breach and would be determined in accordance with the relevant legislation and regulatory frameworks.