EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 3.1 of section 20.18 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-PZP to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than .3 litre per minute increasing by .1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation (Approval Under Subregulation 207(2)) Approval 2005 (F2005B00978) was enacted to address the specific requirements for the use of oxygen dispensing units on aircraft operating under certain conditions. This approval was issued under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning civil aviation in Australia. The Civil Aviation Safety Authority (CASA) has the responsibility to approve or direct the instruments and equipment that must be fitted on Australian aircraft, as outlined in subregulation 207(2) of the Civil Aviation Regulations. The policy objective of this particular approval is to allow the use of a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-PZP, provided they meet certain specifications regarding flow rates and installation ratios, thus ensuring compliance with safety standards for oxygen equipment on aircraft.
Scope and Application
The Civil Aviation Regulations, as amended and approved under subregulation 207(2) of the Civil Aviation Orders, apply to all Australian aircraft and govern the operational requirements for such aircraft, including the installation and operation of necessary instruments and equipment. Specifically, this regulation mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment to operate in various classes of operations, ensuring safety and compliance with national aviation standards. This approval under subregulation 207(2) focuses on the specific use of nasal cannula type individual oxygen dispensing units for aircraft VH-PZP, detailing the necessary flow rates and conditions of use based on altitude. These units must meet a minimum flow rate of 0.3 litres per minute, increasing incrementally by 0.1 litres per minute for every 2,000 feet up to a maximum altitude of 18,000 feet. The approval acknowledges the differing requirements for oxygen equipment used by flight crew members and maintains these distinct flow rate specifications. Furthermore, the approval stipulates that above 18,000 feet, only units designed for both nose and mouth use are permissible, adhering to a ratio of 1 unit for every 15 oxygen dispensing units installed. This regulation, issued by a delegate of the Civil Aviation Safety Authority (CASA) and tabled as a disallowable instrument, came into operation upon gazettal and governs the operational specifications outlined in section 108.26 of the Orders.
Key Provisions
The primary sections of this approval under subregulation 207(2) of the Civil Aviation Regulations require that Australian aircraft be fitted with instruments and equipment as approved by the Civil Aviation Safety Authority (CASA). Specifically, subregulation 207(2) mandates that aircraft must adhere to CASA’s approval or direction regarding instruments and equipment for various classes of operations. Section 20.18 of the Civil Aviation Orders (the Orders) details the specific instruments and equipment necessary for certain classes of operations, with section 108.26 further specifying requirements for oxygen storage, dispensing, and control equipment. This approval permits aircraft VH-PZP to operate with a specific type of nasal cannula for individual oxygen dispensing units, provided these units meet certain flow rate criteria.
This Act imposes several obligations on the parties it governs. Firstly, it mandates that the aircraft VH-PZP must be equipped with nasal cannula type individual oxygen dispensing units that meet the specified flow rate criteria. The flow rate must be not less than 0.3 litres per minute and must increase by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, which is the maximum altitude for the use of these units. Furthermore, the Act stipulates that above 18,000 feet, only units designed to cover both the nose and mouth can be used, and they must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. Additionally, the Act maintains that the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed to cover the nose and mouth installed in the same aircraft.
The approval also delineates the consequences for non-compliance with the provisions outlined in the Act. Under regulation 5A, any "prescribed direction or exemption" that affects the operation of an Order is considered a disallowable instrument. This approval, by specifying a different minimum flow rate for nasal cannula type units, qualifies as a prescribed direction or exemption. Consequently, it has been tabled as a disallowable instrument. Failure to comply with the specified requirements could result in enforcement actions, which may include penalties as outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations. The exact penalties depend on the severity of the breach and are subject to the discretion of the relevant authorities, but they could include fines or other administrative actions.