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]
Overview
The Civil Aviation Regulations 1988, as amended by the Civil Aviation Orders, were enacted to ensure the safety and efficiency of civil aviation in Australia. The Civil Aviation Act 1988 empowers the Governor-General to make these regulations, which were developed to provide a comprehensive framework for the operation of civil aircraft in Australia. The policy objective of these regulations is to maintain high safety standards in civil aviation, ensuring that aircraft meet specific requirements for instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). The directions under subregulation 207(3) specifically address the use of supplemental oxygen in unpressurised aircraft, modifying the application for aircraft engaged in parachuting operations to require oxygen usage at altitudes above 12,000 feet or under certain conditions such as prolonged flight duration, night operations, or Instrument Meteorological Conditions (IMC). These directions, issued by a delegate of CASA, are subject to disallowance under regulation 5A as they affect the operation of the Civil Aviation Orders.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 207(3), mandate that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) for specified classes of operations. These regulations are applicable to all Australian aircraft and their operations, ensuring that they meet CASA's standards for safety and compliance. The geographic and jurisdictional reach of these regulations is national, affecting all aircraft operating within Australia's airspace. The regulations also extend to requiring supplemental oxygen for flight crew in unpressurised aircraft, specifically addressing aircraft engaged in parachuting operations where oxygen must be provided and used if the aircraft is above flight level 120 (12,000 feet). However, exceptions apply if the aircraft is above 10,000 feet for more than 15 minutes, or if it is operating at night or in Instrument Meteorological Conditions (IMC). These directions, which modify the application of the oxygen requirements for parachuting operations, have been issued by a delegate of CASA in accordance with regulation 7 of the Regulations and came into operation on gazettal.
Key Provisions
The Civil Aviation Regulations 1988 (Regulations) mandate that Australian aircraft must be equipped with approved instruments and equipment to operate legally in any class (207(2)). The Civil Aviation Orders (Orders) detail specific requirements for supplemental oxygen in unpressurised aircraft, stipulating that these must be followed once the aircraft exceeds 10,000 feet (20.4). However, for aircraft engaged in parachuting operations, oxygen requirements only apply when the aircraft is above flight level 120 (12,000 feet) due to the short duration of high-altitude flights (20.4). Exceptions are made for flights exceeding 10,000 feet for more than 15 minutes, or during night or Instrument Meteorological Conditions (I.M.C.) (20.4). The Civil Aviation Safety Authority (CASA) has issued directions under subregulation 207(3) to ensure that instruments and equipment are used as directed, thereby modifying the application of the oxygen requirements for parachuting operations (207(3)). These directions have been formally issued and came into operation upon gazettal (7).
The Act imposes obligations on aircraft operators to ensure that their aircraft meet the regulatory requirements regarding instruments and equipment. Specifically, operators must ensure that their aircraft are equipped with CASA-approved instruments and equipment and use them in accordance with any CASA directions (207(2), 207(3)). For aircraft engaged in parachuting operations, this includes complying with specific oxygen requirements when flying above flight level 120 or under specified conditions (20.4). Operators must also adhere to any additional directions issued by CASA that modify these requirements (207(3)). Failure to comply with these obligations can result in legal consequences, as the directions are considered disallowable instruments under regulation 5A.
Breaching the provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Orders can lead to significant consequences. Under regulation 5A, any prescribed direction or exemption that affects the operation of an Order is a disallowable instrument, meaning that non-compliance can be legally challenged and potentially invalidated. Furthermore, operating an aircraft that does not comply with the specified requirements can result in enforcement actions by CASA. While specific penalties are not detailed in the provided text, regulatory breaches typically incur penalties that can include fines and other sanctions. These measures are designed to ensure compliance and maintain safety standards within the aviation industry.