CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
DIRECTIONS UNDER SUBREGULATION 207 (3)
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.
Subregulation 207 (3) provides that instruments and equipment fitted or carried in accordance with subregulation 207 (2) must be fitted, carried or used in accordance with the directions (if any) of CASA.
Section 20.4 of the Civil Aviation Orders (the Orders) sets out, in subsection 6, requirements for the provision and use of supplemental oxygen in unpressurised aircraft. These requirements do not come into effect until the aircraft is above 10,000 feet altitude.
In respect of aircraft engaged in parachuting operations, it is not considered necessary, in general, for the requirements to come into effect unless the aircraft is above flight level 120 (12,000 feet). This is because the aircraft, if engaged in dropping parachutists, spend a relatively short time at altitudes above 10,000 feet. As a result, the directions require oxygen to be provided to, and used by, flight crew of aircraft engaged in parachuting operations if the aircraft is going to be above flight level 120.
Exceptions, as set out in the directions, require oxygen to be used at more than 10,000 feet above mean sea level if the aircraft is above that altitude for more than 15 minutes or is operating at night or in I.M.C. (conditions of restricted visibility in which instrument flight rules apply).
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 subsection 6 of section 20.4 by modifying its application to aircraft engaged in parachuting operations. It is therefore a prescribed direction or exemption as defined in regulation 5A.
The directions came into operation on gazettal.
The directions have been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
[Instrument Number CASA 184/00]