CASA 230/02 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, were designed to provide a comprehensive regulatory framework for the safety and operation of aircraft within Australia. The legislation addresses various aspects of civil aviation, including the requirement for aircraft to be equipped with approved instruments and equipment. Subregulation 207(2) specifically mandates that Australian aircraft must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). To ensure the safety and compliance of aircraft operations, CASA issues approvals under subregulation 207(2). This particular approval pertains to the aircraft VH-DQF, allowing it to use a specific make of nasal cannula type individual oxygen dispensing units, which must meet certain flow rate requirements based on altitude. This approval ensures that the aircraft complies with the Civil Aviation Orders regarding oxygen storage and dispensing equipment, while also addressing specific flow rates and unit ratios as mandated by section 108.26.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide a comprehensive framework governing the use of Australian aircraft, ensuring they meet specific safety standards before being employed in any class of operations. Under subregulation 207(2) of the Civil Aviation Regulations 1988, aircraft must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by CASA. This regulation mandates that aircraft such as VH-DQF comply with certain oxygen dispensing unit requirements, including the installation and operation of nasal cannula type oxygen units at specific flow rates based on altitude. This approval permits the use of these particular units on the aircraft in question, which have a minimum flow rate that increases with altitude, ensuring adequate oxygen supply to passengers and crew. The approval specifies a different minimum flow rate for these nasal cannula units compared to the flow rate for oxygen equipment used by flight crew members, taking into account the direct delivery of oxygen to the lungs through the nose. The approval also stipulates that the higher flow rate requirement for units covering both nose and mouth, as outlined in section 108.26, remains in effect. This specific approval is a prescribed direction or exemption affecting the operation of an Order and is subject to disallowance under regulation 5A of the Civil Aviation Regulations 1988. The approval came into effect upon gazette and was issued by a delegate of CASA in accordance with the relevant regulations.

Key Provisions

The main operative sections of this legislation, namely the Civil Aviation Regulations 1988 and the Civil Aviation Orders, establish requirements for the use of approved instruments and equipment on Australian aircraft in various classes of operations. Section 98 of the Civil Aviation Act 1988 provides the legislative basis for the regulations, while subregulation 207(2) of the Civil Aviation Regulations 1988 specifies that an aircraft must not be used unless it is fitted with CASA-approved instruments and equipment. Furthermore, section 20.4 of the Civil Aviation Orders mandates the installation of oxygen dispensing and control equipment, along with specific oxygen flow rates, in accordance with section 108.26 of the Orders. The obligations and requirements imposed by this legislation on the parties it governs include the necessity for aircraft to be fitted with CASA-approved instruments and equipment before being used in any class of operations. Specifically, for the aircraft VH-DQF, this means the installation of nasal cannula type individual oxygen dispensing units with specific flow rates. These units must have a flow rate of at least 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. Moreover, if the aircraft is to be used above 18,000 feet, it must be equipped with units designed to cover both the nose and mouth, in a ratio of 1 for every 15 oxygen dispensing units installed. Additionally, the legislation requires that the minimum flow rates specified in the approval continue to apply, even though they differ from those stipulated in the Orders. Any breach of the provisions outlined in the Civil Aviation Regulations 1988 and the Civil Aviation Orders may result in both civil and criminal consequences. The Civil Aviation Act 1988 provides for potential offences and penalties for non-compliance with the regulations, including fines and imprisonment. The specific maximum penalties are not outlined in the text; however, they are likely to be substantial given the importance of aviation safety. The legislation also includes provisions for the disallowance of certain instruments, such as the approval under subregulation 207(2), which affects the operation of an Order and must be tabled as a disallowable instrument. Failure to comply with these requirements may lead to enforcement actions by CASA or other relevant authorities.