CASA 193/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, addressing various aspects of aircraft operations, safety standards, and air navigation. This regulatory instrument is an approval under subregulation 207(2) of the Civil Aviation Regulations 1988, empowering the Civil Aviation Safety Authority (CASA) to approve specific types of equipment for use on Australian aircraft. This particular approval pertains to the use of nasal cannula type individual oxygen dispensing units on aircraft VH-OAK, ensuring compliance with safety requirements. The policy objective of this regulation is to maintain high safety standards in civil aviation by ensuring that all aircraft are equipped with appropriate and approved instruments and equipment. This approval specifies that the nasal cannula type units must have a flow rate of not less than 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. The approval also outlines that the specified flow rate applies to these units, while the standard flow rate for other oxygen equipment continues to apply. This regulation has been issued by a delegate of CASA in accordance with the relevant provisions of the Civil Aviation Regulations 1988.

Scope and Application

The Civil Aviation Order 20.4, which pertains to the use of oxygen equipment on Australian aircraft, applies to all such aircraft that are engaged in any class of operations, as defined by the Civil Aviation Regulations 1988. This regulatory framework ensures that all aircraft operating within Australia comply with the safety standards set by the Civil Aviation Safety Authority (CASA). Specifically, this approval under subregulation 207(2) is pertinent to aircraft registered as VH-OAK, allowing them to use a particular make of nasal cannula type individual oxygen dispensing units, provided these units meet specific flow rate requirements. This approval not only specifies the minimum oxygen flow rates for these units but also stipulates the ratio in which full face mask units must be supplied on the aircraft. Furthermore, this regulation underscores the importance of maintaining the standards outlined in section 108.26 by detailing the operational parameters for oxygen dispensing equipment, and it addresses the operational differences in oxygen flow rates between units designed for the nose only versus those covering both the nose and mouth. The regulation also clarifies that the approval is subject to disallowance under regulation 5A, which classifies such approvals as disallowable instruments. This approval has been issued by a delegate of CASA, in accordance with the relevant provisions of the Civil Aviation Regulations 1988.

Key Provisions

The key sections of the legislation concern the approval for the use of specific oxygen dispensing units on an Australian aircraft under subregulation 207(2) of the Civil Aviation Regulations 1988 (paragraphs 1-2). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations, and subregulation 207(2) specifies that aircraft must be fitted with approved instruments and equipment. This particular approval relates to oxygen storage and dispensing equipment, as outlined in section 108.26 of the Orders, ensuring that the aircraft meets safety standards set by the Civil Aviation Safety Authority (CASA). The approval permits the use of nasal cannula type oxygen dispensing units with a specific flow rate on aircraft such as VH-OAK, up to an altitude of 18,000 feet. The obligations imposed by the Act include the mandatory fitting of approved instruments and equipment on Australian aircraft, ensuring compliance with CASA directives (subregulation 207(2)). For the specific case of oxygen dispensing units, the requirements include the installation of nasal cannula type units with a specified flow rate, and above 18,000 feet, units that cover both the nose and mouth must be used in a particular ratio (section 108.26). These obligations are designed to maintain the safety and airworthiness of aircraft by ensuring that oxygen dispensing equipment meets specific standards and flow rates. Breaches of these regulations can lead to significant consequences. The Act provides for the disallowance of prescribed directions or exemptions that affect the operation of anything in an Order, as defined in regulation 5A. Such directions or exemptions, which include the approval in question, are disallowable instruments. Any failure to comply with these regulations can result in the aircraft being deemed non-compliant, potentially leading to grounding or other enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the explanatory statement but generally include fines and other sanctions as prescribed by the Civil Aviation Act 1988.