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-EDZ 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 Regulations 1988, enacted by the Parliament of Australia, are designed to ensure the safety of civil aviation within Australia. These regulations provide the legal framework within which the Civil Aviation Safety Authority (CASA) operates to regulate civil aviation safety standards. This particular approval under subregulation 207(2) aims to address the specific requirements for oxygen dispensing units on Australian aircraft, particularly concerning the use of nasal cannula type individual oxygen dispensing units on aircraft VH-EDZ. The regulation ensures that these units meet the minimum flow rate standards as they ascend to higher altitudes, thereby ensuring the safety and wellbeing of passengers and crew by providing the necessary oxygen supply. This approval, which has been tabled as a disallowable instrument under regulation 5A, came into operation upon gazettal and was issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Scope and Application
The Civil Aviation Regulations (the Regulations) and Civil Aviation Orders (the Orders) mandate specific equipment requirements for Australian aircraft operating within certain classes. These regulations, enacted under Section 98 of the Civil Aviation Act 1988, are enforced by the Civil Aviation Safety Authority (CASA). Subregulation 207(2) of the Regulations stipulates that Australian aircraft must be fitted with CASA-approved instruments and equipment to operate in designated classes. Section 20.18 of the Orders further details the specific instruments and equipment necessary, including oxygen storage and dispensing units. This particular approval under subregulation 207(2) allows the aircraft VH-EDZ to use a specific type of nasal cannula oxygen dispensing unit, provided it meets a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet. This approval specifies a lower flow rate compared to other oxygen equipment due to the direct delivery to the lungs via the nose. The requirement to provide units covering both the nose and mouth above 18,000 feet remains unchanged. This approval, classified as a prescribed direction or exemption under regulation 5A, has been tabled as a disallowable instrument and is subject to CASA oversight.
Key Provisions
The main operative sections of this legislation concern the Civil Aviation Orders, specifically section 20.18 and section 108.26. Section 20.18 details the required instruments and equipment for Australian aircraft in specific classes of operations, while section 108.26 outlines the standards for oxygen equipment. This approval under subregulation 207(2) allows the aircraft VH-EDZ to operate with a particular make of nasal cannula type individual oxygen dispensing units, which have specific flow rate requirements based on altitude (subsection 108.26). These units must provide a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to 18,000 feet (subsection 108.26(3.2)). It's important to note that above 18,000 feet, only units designed to cover the nose and mouth are permitted, with a ratio requirement of 1 unit for every 15 oxygen dispensing units installed (subsection 108.26(5.1.2)).
The obligations imposed by this legislation include ensuring that the specified aircraft is equipped with the approved oxygen dispensing units that meet the flow rate requirements as defined. Aircraft operators must also ensure compliance with the ratio requirement for units designed to cover the nose and mouth above 18,000 feet. The Civil Aviation Safety Authority (CASA) has specified these requirements to ensure safety and compliance with the Civil Aviation Orders. Operators must adhere to these specifications when installing and maintaining oxygen equipment on their aircraft.
Failure to comply with the requirements set forth in this legislation can result in civil or criminal consequences. As a disallowable instrument, this approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate for nasal cannula type units. If an aircraft fails to meet the specified flow rate requirements, it could be operating in a non-compliant manner, potentially leading to enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the legislation but could include fines, penalties, or other enforcement actions as prescribed by the Civil Aviation Act 1988 and the Civil Aviation Regulations.