CASA 200/97 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations (Civil Aviation Orders) Approval under Subregulation 207(2) 2016 was enacted to address the need for specific approval of particular oxygen dispensing units for certain aircraft. This approval was introduced to ensure that the Civil Aviation Safety Authority (CASA) sets precise standards for the safety equipment required on aircraft, particularly focusing on oxygen dispensing units. CASA, as the relevant authority, issued this approval to allow the use of a particular make of nasal cannula type oxygen dispensing units on aircraft VH-FMD, aligning with the broader safety regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Orders. The policy objective of this approval is to maintain and enhance the safety of aircraft operations by specifying the appropriate equipment and conditions under which these units can be used, thereby ensuring compliance with the safety standards set forth by CASA.

Scope and Application

The Civil Aviation Regulations, under the authority granted by Section 98 of the Civil Aviation Act 1988, mandate that Australian aircraft must be equipped with specific instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. This requirement is further detailed in subregulation 207(2) of the Regulations, which stipulates that aircraft must comply with the equipment and instrument standards outlined in the Civil Aviation Orders (Orders). Specifically, section 20.18 of the Orders mandates the installation and operational requirements for oxygen systems on Australian aircraft. This approval, issued under subregulation 207(2), pertains to aircraft VH-FMD and allows for the use of a particular make of nasal cannula type individual oxygen dispensing units, provided they meet the specified flow rate criteria. These 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. Notably, this approval deviates from the standard flow rate requirements for oxygen equipment used by flight crew members, acknowledging the differing physiological impact of oxygen delivered through nasal cannulas versus those that cover both the nose and mouth. The approval also reaffirms the requirement for a ratio of one unit covering both the nose and mouth for every 15 oxygen dispensing units installed in the aircraft. This approval, issued by a delegate of CASA, is subject to disallowance under regulation 5A as a prescribed direction or exemption affecting an Order and has been tabled accordingly.

Key Provisions

The key provisions of this approval under subregulation 207(2) of the Civil Aviation Regulations (the Regulations) allow for the use of a specific type of nasal cannula oxygen dispensing units on aircraft VH-FMD, which is subject to the requirement under section 20.18 of the Civil Aviation Orders (the Orders) for oxygen to be stored and dispensing and control equipment to be installed. Specifically, the approval permits the use of nasal cannula type units that have a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet of altitude up to 18,000 feet, which is the maximum altitude for this type of unit (subreg 207(2), reg 7). The approval also acknowledges that a different flow rate applies to oxygen equipment used by flight crew members, as specified in paragraph 6.1 of section 108.26 of the Orders. The approval imposes several obligations on the parties or entities it governs. Primarily, it mandates that aircraft VH-FMD must be fitted with oxygen dispensing and control equipment in accordance with the specifications outlined in the approval. This includes ensuring that the nasal cannula type units have the correct flow rate and are supplied in the appropriate ratio if other types of units are also installed (subreg 207(2), para 3.1, 3.2, 5.1.2). Additionally, the approval confirms that the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft. Breaching the provisions of this approval could result in civil or criminal consequences. Under the Civil Aviation Act 1988, using an aircraft in a manner that contravenes the Regulations or the Orders is an offence (s 98). The penalties for such offences can be severe, including fines of up to $216,000 for individuals and $1,080,000 for bodies corporate, as well as potential imprisonment terms. Furthermore, as this approval is a disallowable instrument under regulation 5A of the Regulations, it is subject to disallowance by either House of Parliament within 15 sitting days of being tabled. This means that if Parliament chooses to disallow the approval, it would no longer have effect. This approval has been issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with regulation 7 of the Regulations, ensuring that it adheres to the necessary safety standards and requirements. The approval came into operation upon gazettal, meaning it is legally effective from the date it was published in the Commonwealth Gazette. This process ensures that all stakeholders are aware of the requirements and can comply with the regulations governing the use of oxygen dispensing units on aircraft VH-FMD.