CASA 225/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, were introduced to address the need for comprehensive regulations governing civil aviation safety. This regulatory framework includes provisions for the approval of aircraft instruments and equipment, overseen by the Civil Aviation Safety Authority (CASA). An example of such regulatory detail is found in the approval under subregulation 207(2) which allows for the use of specific nasal cannula type individual oxygen dispensing units on aircraft VH-NTO. This approval permits these units, which supply oxygen through the nose only, to operate under certain conditions, including a specified minimum flow rate that varies with altitude, up to a maximum of 18,000 feet. The policy objective here is to ensure that aircraft operations meet safety standards while accommodating specific equipment needs, as evidenced by the differing flow rate requirements for passenger oxygen units compared to those for flight crew members. This approval, affecting the operation of an existing order, has been classified as a disallowable instrument and tabled accordingly.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft registered in Australia and pertains to the use of individual oxygen dispensing units on the aircraft VH-NTO. This regulation is designed to ensure that any Australian aircraft used in operations is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). The specified equipment in this case is the nasal cannula type individual oxygen dispensing units, which are permitted for use up to an altitude of 18,000 feet. The approval outlines that these units must have a minimum oxygen 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 specified maximum altitude. Notably, this flow rate is different from that required for oxygen equipment used by flight crew members, reflecting the direct delivery of oxygen to the lungs through nasal cannulas. The approval also maintains the requirement for a ratio of one unit designed to cover both the nose and mouth for every 15 nasal cannula units installed in the aircraft. This approval, which affects the operation of certain sections of the Civil Aviation Orders, has been tabled as a disallowable instrument under regulation 5A and came into effect upon gazettal. The issuance of this approval was conducted by a delegate of CASA in compliance with regulation 7 of the Civil Aviation Regulations 1988.

Key Provisions

Section 98 of the Civil Aviation Act 1988 (section 98) provides the authority for the Governor-General to create regulations under this Act. Subregulation 207(2) of the Civil Aviation Regulations 1988 (the Regulations) stipulates that an Australian aircraft cannot be used in any class of operations unless it is equipped with the instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This regulatory framework ensures that aircraft meet safety standards set forth by CASA. Under this provision, specific attention is given to the installation and operation of oxygen systems on aircraft. Paragraph 3.1 of section 20.4 of the Civil Aviation Orders (the Orders) mandates that oxygen must be stored and dispensing and control equipment must be installed in accordance with section 108.26. Furthermore, paragraph 3.2 of section 20.4 requires that the minimum rates of oxygen flow on an aircraft must also comply with section 108.26. This legislative context applies to the approval under subregulation 207(2), which allows the aircraft VH-NTO to operate with a specific type of nasal cannula individual oxygen dispensing units. 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 up to a maximum altitude of 18,000 feet. This specification ensures that the oxygen supply is adequate for the given altitude and meets the safety requirements. Nasal cannula units are designed to supply oxygen through the nose only, and above 18,000 feet, only units designed to cover both the nose and mouth are permissible. Additionally, under paragraph 5.1.2 of section 108.26, the ratio of such units in an aircraft must be 1 for every 15 oxygen dispensing units installed. This ensures a balanced and effective oxygen supply system. The obligations imposed by this approval require aircraft operators to adhere strictly to the specified flow rates and equipment standards. The approval also clarifies that the different flow rate for nasal cannula units is acceptable because they deliver oxygen directly to the lungs via the nose, achieving the same level of oxygenation in the blood as the higher flow rate required for units covering both the nose and mouth. Furthermore, the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to the latter type of units installed in the same aircraft. This distinction ensures clarity and compliance with the specified safety standards. Breaches of these regulations can lead to serious consequences. Under regulation 5A, any “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval, by specifying a different minimum flow rate, qualifies as a prescribed direction or exemption as defined in regulation 5A and has been tabled as a disallowable instrument. Non-compliance with these provisions can result in penalties, including civil and criminal sanctions. The exact penalties are not specified in the document but typically include fines and potential grounding of the aircraft, thereby affecting the operator’s ability to conduct commercial operations.