CASA 223/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Order 20.4, enacted as part of the Civil Aviation Regulations 1988, was introduced to ensure the safety and compliance of civil aircraft operations in Australia, particularly in relation to the carriage and use of oxygen equipment. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that govern these operations, and subregulation 207(2) specifically mandates that aircraft must be fitted with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) addresses the operational requirements for a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-TYO, ensuring these units meet the specified flow rates and ratios as outlined in section 108.26 of the Orders, while also clarifying the distinction between the flow rates required for different types of oxygen dispensing units. This approval, issued by a delegate of CASA, has been tabled as a disallowable instrument under regulation 5A and came into operation on gazettal.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) pertains to the approval of specific oxygen dispensing units for the aircraft VH-TYO under the Civil Aviation Regulations 1988. This approval applies to the aircraft in question and the specified make of nasal cannula type individual oxygen dispensing units, ensuring they meet CASA's standards for safety and operation. The requirement applies to aircraft operating within Australia, as it falls under the jurisdiction of the Civil Aviation Safety Authority, which operates under the Civil Aviation Act 1988. The approval delineates the minimum flow rates for these units, which vary based on altitude and differ from the flow rates specified for oxygen equipment used by flight crew members. Notably, the approval excludes units designed for use above 18,000 feet, where only units covering both nose and mouth are permitted, adhering to a specific ratio requirement. This approval serves as a prescribed direction or exemption under regulation 5A and has been tabled as a disallowable instrument. The approval came into effect upon gazettement and has been issued by a delegate of CASA, in line with regulation 7 of the Civil Aviation Regulations 1988.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988, particularly under subregulation 207(2), dictate that any Australian aircraft used in operations must be equipped with instruments and other equipment approved or directed by the Civil Aviation Safety Authority (CASA). Section 108.26 of the Civil Aviation Orders specifies the requirements for oxygen storage and dispensing equipment on aircraft. Paragraph 3.1 of section 20.4 requires that oxygen must be stored and dispensing equipment installed according to section 108.26. Additionally, paragraph 3.2 mandates that the minimum oxygen flow rates must also comply with section 108.26. This legislation imposes specific obligations on parties operating aircraft within Australia. Aircraft must be equipped with CASA-approved oxygen dispensing units, with particular attention to the type and flow rate of these units. For aircraft operating at altitudes up to 18,000 feet, nasal cannula type oxygen dispensing units must be used. These units must 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 the maximum permitted altitude of 18,000 feet. Above this altitude, only units designed to cover both the nose and mouth are permissible. Furthermore, the legislation requires a ratio of one such unit for every 15 oxygen dispensing units installed on the aircraft. The Act also outlines various consequences for non-compliance. Any direction or exemption, such as the approval issued for the specific flow rates of nasal cannula type oxygen dispensing units, falls under the category of a "prescribed direction or exemption" as defined in regulation 5A. Such directions or exemptions are considered disallowable instruments, meaning they can be disallowed by resolution of either House of the Parliament. Furthermore, if the regulations are breached, the penalties can be substantial. For example, section 108.26 stipulates that failure to comply with the specified oxygen flow rates and equipment requirements can result in significant fines and potential criminal charges, with penalties depending on the severity and intent of the breach. The maximum penalties for such violations may include substantial fines and imprisonment, reflecting the critical nature of these safety regulations in aviation.