CASA 229/02 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Commonwealth of Australia, are a set of rules governing the safe operation of aircraft within Australian airspace. This particular approval under subregulation 207(2) was introduced to address the need for specific equipment standards on aircraft, ensuring compliance with safety regulations. The Civil Aviation Safety Authority (CASA) is the enacting body responsible for this approval, aiming to maintain high safety standards in civil aviation. The policy objective of this regulation is to ensure that aircraft are equipped with the necessary instruments and safety equipment, thereby protecting the safety of passengers and crew. This specific approval allows certain aircraft to use a particular type of nasal cannula oxygen dispensing unit, with specific flow rate requirements tailored to the type of unit used and the altitude at which the aircraft operates.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the Civil Aviation Orders, govern the use of Australian aircraft in various operational classes, ensuring compliance with safety standards set by the Civil Aviation Safety Authority (CASA). Specifically, subregulation 207(2) mandates that aircraft must be equipped with approved instruments and equipment for their intended operations. This regulation is supplemented by section 108.26, which dictates specific requirements for oxygen storage and dispensing equipment, including the type of oxygen dispensing units and their flow rates depending on altitude. This approval under subregulation 207(2) permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-IRL, with specific flow rate requirements tailored to these units. The approval allows these units, which supply oxygen through the nose only, to operate at altitudes up to 18,000 feet, beyond which only units covering both the nose and mouth are permitted. The approval specifies a minimum flow rate of 0.3 litre per minute increasing incrementally with altitude, differing from the flow rate for oxygen equipment used by flight crew members due to the direct oxygen supply mechanism of nasal cannula units. This approval, being a prescribed direction or exemption under regulation 5A, has been tabled as a disallowable instrument and came into operation upon gazettal, issued by a delegate of CASA in accordance with regulation 7 of the Regulations.

Key Provisions

The primary sections of the Civil Aviation Orders (Orders) and Civil Aviation Regulations 1988 (Regulations) relevant to this approval are section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations, and subregulation 207(2) of the Regulations, which stipulates that an Australian aircraft must be equipped with approved instruments and equipment before it can be used in any class of operations. Section 20.4 of the Orders further mandates that oxygen must be stored and dispensing and control equipment must be installed in accordance with section 108.26 of the Orders, which specifies minimum rates of oxygen flow. This approval under subregulation 207(2) specifically addresses the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-IRL. These units must have a flow rate of no less than 0.3 litre per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude permitted under section 108.26. The approval imposes certain obligations on the parties or entities it governs. It mandates that aircraft VH-IRL must be equipped with nasal cannula type oxygen dispensing units that meet the specified flow rate requirements. This requirement is crucial for ensuring the safety of passengers and crew by maintaining adequate oxygen levels during flight. Additionally, the approval stipulates that these units must supply oxygen through the nose only and must be installed in compliance with the ratio specified in paragraph 5.1.2 of section 108.26, which requires one unit designed to cover both the nose and mouth for every 15 oxygen dispensing units installed. The approval also reiterates that the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed for both the nose and mouth that are installed in the same aircraft. Any breach of the Civil Aviation Orders or the Civil Aviation Regulations 1988 may result in civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance with the regulations can lead to enforcement actions by the Civil Aviation Safety Authority (CASA), including fines, suspension, or revocation of operating permits. The maximum penalties for civil offences are specified in section 30 of the Civil Aviation Act 1988, which can include fines up to $100,000 for corporations and $20,000 for individuals, depending on the severity and nature of the offence. Additionally, criminal penalties may apply under section 31 of the Act for serious breaches, which can result in imprisonment for up to two years or fines up to $110,000 for corporations and $22,000 for individuals. The approval also notes that it is a disallowable instrument under regulation 5A, meaning that it can be subject to disallowance by Parliament if deemed inappropriate.