CASA 228/02 - Approval under subregulation 207 (2)

Overview

The Civil Aviation Orders Approval under Subregulation 207(2), enacted as part of the Civil Aviation Regulations 1988, addresses the specific requirement for the approval of oxygen dispensing units on aircraft used in Australian operations. This approval was introduced to ensure compliance with safety regulations set forth by the Civil Aviation Safety Authority (CASA) and to bridge any operational gaps that might arise from the use of particular oxygen dispensing equipment. The approval permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-CDN, stipulating specific flow rates and operational altitudes, while also ensuring that other safety requirements, such as the ratio of different types of oxygen dispensing units, are met. This legislative measure ensures that the Civil Aviation Orders are adhered to while allowing for the safe and efficient operation of aircraft within Australia’s airspace. The approval, which has been tabled as a disallowable instrument under regulation 5A, was issued by a delegate of CASA in accordance with the Civil Aviation Regulations 1988.

Scope and Application

The Civil Aviation Orders, under the Civil Aviation Act 1988, establish essential safety requirements for the operation of Australian aircraft, ensuring that they are equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) of the Civil Aviation Regulations 1988 specifically permits the use of a particular make of nasal cannula type individual oxygen dispensing units on the aircraft VH-CDN. This approval mandates that the oxygen units must meet a minimum flow rate, which increases incrementally with altitude, up to 18,000 feet, aligning with the safety standards outlined in section 108.26 of the Orders. This regulation applies to all Australian aircraft, ensuring they comply with the specified safety and operational standards. The approval also specifies that above 18,000 feet, only oxygen dispensing units designed to cover both the nose and mouth can be used, with a requisite ratio of one per every fifteen units installed. This approval, which has been tabled as a disallowable instrument, affects the operation of an existing Order and hence adheres to the disallowable instrument provisions under regulation 5A of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988 mandate that Australian aircraft must not be used in any class of operations unless they are equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) (section 98, subregulation 207(2)). Specifically, the Civil Aviation Orders require that oxygen must be stored and dispensing and control equipment must be installed on aircraft in accordance with section 108.26 (section 20.4, paragraph 3.1). Furthermore, the minimum rates of oxygen flow must also comply with section 108.26 (section 20.4, paragraph 3.2). This approval under subregulation 207(2) permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-CDN, which 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 (section 108.26, paragraph 6.1). These units only supply oxygen through the nose and are permitted for use up to 18,000 feet. Above this altitude, only units designed to cover both the nose and mouth are permitted, supplied in a ratio of 1 for every 15 oxygen dispensing units installed (section 108.26, paragraph 5.1.2). Entities and parties governed by these regulations must ensure that their aircraft are equipped with the appropriate instruments and equipment as approved by CASA. This includes verifying the specifications of oxygen dispensing units, particularly the flow rates and the types of units used at different altitudes. The requirement is that nasal cannula type units, which supply oxygen through the nose, 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 18,000 feet. Above 18,000 feet, only units that cover both the nose and mouth are permitted, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. These obligations ensure that the aircraft comply with safety standards and regulations. Failure to comply with these requirements can result in significant consequences. Under regulation 5A, any "prescribed direction or exemption" that affects the operation of anything in an Order is considered a disallowable instrument. This approval, which affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate, is classified as such a prescribed direction or exemption. As a disallowable instrument, it has been tabled, meaning it can be disallowed by either House of Parliament. Furthermore, any breach of these regulations could result in penalties, although the specific penalties are not detailed in the provided text. The approval was issued by a delegate of CASA in accordance with regulation 7 of the Regulations, ensuring that it is authorised and compliant with the necessary standards.