EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
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 (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.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 3.1 of section 20.18 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-TSJ 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 .3 litre per minute increasing by .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.
The approval also revokes a previous approval issued in respect of that aircraft that specified incorrect flow rates.
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 1998 were enacted to provide comprehensive regulations concerning civil aviation in Australia. This legislation was introduced to ensure that Australian aircraft meet specific safety and operational standards as prescribed by the Civil Aviation Safety Authority (CASA). Under Section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations, which are further detailed in the Civil Aviation Regulations. The approval under subregulation 207(2) addresses the specific requirement for the installation of oxygen dispensing equipment on certain aircraft. The approval permits aircraft VH-TSJ to use a particular make of nasal cannula type individual oxygen dispensing units, correcting previous incorrect flow rates. This measure ensures that the aircraft comply with safety standards and operational requirements, thereby maintaining the safety of air travel in Australia.
Scope and Application
The Civil Aviation Regulations, under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment to operate within specified classes. This requirement ensures that all aircraft meet safety standards set by the Civil Aviation Safety Authority (CASA). The approval under subregulation 207(2) specifically allows aircraft VH-TSJ to operate with a particular make of nasal cannula type individual oxygen dispensing units, correcting previous flow rates that were incorrectly specified. The nasal cannula units must adhere to 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. Above this altitude, only units designed to cover both the nose and mouth can be used, and must be supplied in a ratio of one for every fifteen oxygen dispensing units installed. This approval revokes an earlier directive that specified incorrect flow rates, ensuring compliance with safety regulations. The approval has been tabled as a disallowable instrument under regulation 5A and came into operation on gazettal, issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Key Provisions
Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations. Subregulation 207(2) of the Civil Aviation Regulations mandates that Australian aircraft must be fitted with approved instruments and equipment to operate in any class of operations, as directed by the Civil Aviation Safety Authority (CASA). This is further detailed in section 20.18 of the Civil Aviation Orders, which specifies the necessary oxygen equipment and its installation and flow rates. The approval under subregulation 207(2) allows aircraft VH-TSJ to use a specific make of nasal cannula type individual oxygen dispensing units. These units must have a minimum flow rate of 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. This approval also revokes a previous approval that incorrectly specified the flow rates.
The obligations under this approval include ensuring that the specified oxygen dispensing units are installed and operational on aircraft VH-TSJ, and that these units comply with the specified flow rates. Additionally, the ratio requirement under paragraph 5.1.2 of section 108.26 must be adhered to, ensuring that for every 15 oxygen dispensing units installed, there is one unit designed to cover both the nose and mouth. The minimum flow rate specified in this approval differs from that specified for flight crew members, as nasal cannula type units deliver oxygen directly to the lungs through the nose, necessitating a lower flow rate to achieve the same oxygen level in the blood.
Failure to comply with the provisions of this approval could result in civil or criminal consequences. Since this approval is a disallowable instrument under regulation 5A, any breach could lead to legal action. The specific penalties for non-compliance are not detailed in the explanatory statement, but typically, such breaches could lead to fines or other regulatory actions. It is imperative for the entities governed by these regulations to ensure strict adherence to the approved specifications to avoid any potential legal repercussions.