CASA 226/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted to ensure safety and efficiency in civil aviation, were supplemented by the Civil Aviation Orders (Approval Under Subregulation 207) in 2005. This specific approval under subregulation 207(2) addresses the operational requirements of the aircraft VH-CYK by permitting it to use a particular make of nasal cannula type individual oxygen dispensing units, which align with the safety standards set by the Civil Aviation Safety Authority (CASA). This approval is designed to ensure that the aircraft meets the necessary safety standards by specifying the minimum flow rate for oxygen equipment, which is tailored to the unique delivery method of nasal cannula units. The approval was issued by a delegate of CASA and came into operation upon gazettal, adhering to the regulatory framework established by the Civil Aviation Regulations 1988 and the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) applies specifically to the aircraft registered as VH-CYK, allowing it to use a particular make of nasal cannula type individual oxygen dispensing units as approved by the Civil Aviation Safety Authority (CASA). This approval is grounded in the Civil Aviation Regulations 1988, which mandate that Australian aircraft must be equipped with approved instruments and equipment to operate in any class of operations. The regulation applies to the specified aircraft, ensuring that it complies with the minimum oxygen dispensing and control equipment standards stipulated in section 108.26 of the Orders. The geographic and jurisdictional reach of this approval is limited to the Commonwealth of Australia, where the Civil Aviation Act 1988 and its subordinate regulations govern aircraft operations. Notably, this approval specifies a different flow rate for the nasal cannula units compared to the flow rate required for oxygen equipment used by flight crew members, acknowledging that nasal cannula units deliver oxygen more efficiently to the lungs through the nose. This particular approval does not introduce any exclusions or exemptions but adheres strictly to the stipulated conditions for its operation within the regulatory framework.

Key Provisions

The Civil Aviation Regulations 1988, under section 98 and subregulation 207(2), stipulate that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to operate in any class of operations. This particular regulation, paragraph 3.1 of section 20.4, pertains to the storage of oxygen and installation of dispensing and control equipment on an aircraft, as outlined in section 108.26 of the Civil Aviation Orders. It further mandates, in paragraph 3.2, that the minimum rates of oxygen flow must also align with section 108.26. This approval allows the aircraft VH-CYK to use a specific make of nasal cannula type individual oxygen dispensing units, provided they meet the flow rate criteria outlined in section 108.26. Under this approval, the aircraft VH-CYK is permitted to use nasal cannula type oxygen dispensing units, which deliver oxygen through the nose only. The flow rate for these units must be at least 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, beyond which only units designed to cover both the nose and mouth can be used. Additionally, for altitudes above 18,000 feet, the aircraft must have one unit designed to cover the nose and mouth for every 15 oxygen dispensing units installed, as per paragraph 5.1.2 of section 108.26. This requirement remains unchanged according to the approval. The Civil Aviation Orders, particularly section 108.26, specify different minimum flow rates for oxygen equipment used by flight crew members compared to those used by passengers. For nasal cannula type units, a lower flow rate suffices to achieve the same oxygen level in the blood as specified for flight crew members in paragraph 6.1 of section 108.26. The approval clarifies that the lower flow rate applies specifically to the nasal cannula type units for passengers, while the higher flow rate in paragraph 6.1 continues to apply to units covering both the nose and mouth installed in the same aircraft. In terms of legal obligations, this approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is thus considered a prescribed direction or exemption under regulation 5A of the Civil Aviation Regulations 1988. As such, it has been tabled as a disallowable instrument. This approval became effective upon gazettal and was issued by a delegate of CASA in compliance with regulation 7 of the Regulations. Failure to comply with the conditions set forth in this approval could lead to civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with regulations can result in penalties. Specifically, under the Civil Aviation Regulations 1988, offences may incur fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the approval but would typically align with the provisions of the overarching legislation, which can include significant fines and/or imprisonment for serious violations.