CASA 110/01 - Approval under subregulation 207(2)

Overview

The Civil Aviation Orders Approval (Explanatory Statement) 2001, made under subregulation 207(2) of the Civil Aviation Regulations 1988, was enacted to address specific requirements regarding the approval of certain oxygen dispensing units on aircraft. This instrument was introduced to ensure compliance with the regulatory standards set out in the Civil Aviation Act 1988, empowering the Governor-General to make regulations governing civil aviation safety. The policy objective of this approval is to ensure that aircraft are equipped with appropriate oxygen dispensing units, particularly nasal cannula type units, that meet the required flow rates and installation ratios, thereby ensuring the safety of passengers and crew at various altitudes. The approval was issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the regulations and has been tabled as a disallowable instrument, meaning it can be reviewed and potentially disallowed by the relevant parliamentary committees.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 pertains to the specific use of nasal cannula type individual oxygen dispensing units on aircraft VH-BQA, applying to the operation of this aircraft within the Australian regulatory framework. The approval allows for the use of these units, which supply oxygen through the nose, with a specified flow rate that increases with altitude, and sets forth a requirement for the installation of these units in a certain ratio with other oxygen dispensing units above 18,000 feet. The approval also ensures that the minimum flow rate specified for these units is consistent with safety standards, even though it differs from the rate specified for units used by flight crew members. It is important to note that this approval constitutes a prescribed direction or exemption under regulation 5A of the Regulations, and as such, it has been tabled as a disallowable instrument. The issuance of this approval follows the regulatory requirements and was executed by a delegate of the Civil Aviation Safety Authority in compliance with regulation 7 of the Regulations.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), establish that Australian aircraft must comply with specific standards and equipment requirements before they can be used in any class of operations. This is to ensure safety and regulatory adherence, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in approving or directing these requirements (section 98). Specifically, section 20.4(3.1) mandates that oxygen must be stored and dispensing and control equipment installed on an aircraft in accordance with section 108.26 of the Orders. Additionally, section 20.4(3.2) stipulates that the minimum rates of oxygen flow must comply with section 108.26. This approval under subregulation 207(2) pertains to the use of a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-BQA, which must meet certain criteria. The units must have a flow rate of not less than 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 maximum altitude for these units. It is important to note that above 18,000 feet, only units designed to cover both the nose and mouth can be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed (section 108.26(5.1.2)). The approval also clarifies that the flow rate specified in section 108.26(6.1) for flight crew members' oxygen equipment remains applicable to units designed for the nose and mouth installed in the same aircraft. The obligations imposed by this approval on the parties governed by it include ensuring that the specified oxygen dispensing units are correctly installed and operational. The aircraft owner or operator must verify that the nasal cannula type units meet the specified flow rates and are correctly ratioed with units designed for nose and mouth coverage if used above 18,000 feet. Additionally, they must ensure compliance with the ongoing requirements set forth in section 108.26, such as proper storage and installation of oxygen equipment. CASA’s role in issuing this approval is critical, as it must be done by a delegate in accordance with regulation 7 of the Civil Aviation Regulations 1988. Failure to comply with the provisions of this approval can lead to significant legal consequences. Under regulation 5A, the approval constitutes a “prescribed direction or exemption” that affects the operation of an Order, making it a disallowable instrument. This means that if the provisions are not adhered to, they can be challenged and potentially overturned. Additionally, non-compliance with the Civil Aviation Regulations 1988 can result in civil or criminal penalties. The maximum penalties for breaches of these regulations can include substantial fines and, in severe cases, imprisonment. The seriousness of these consequences underscores the importance of strict adherence to the approved standards and requirements.