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-FHM 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 1998, enacted by the Parliament of Australia, provide a regulatory framework to ensure the safety and efficiency of civil aviation within Australian airspace. This regulatory instrument aims to address the need for specific approval regarding the equipment and instruments required for aircraft operations, ensuring that Australian aircraft meet safety standards as stipulated by the Civil Aviation Safety Authority (CASA). Specifically, the approval under subregulation 207(2) pertains to the use of certain types of nasal cannula oxygen dispensing units on the aircraft VH-FHM, allowing it to operate within specified parameters that differ from general oxygen equipment standards. This legislative measure was introduced to provide clarity and specificity in the operational requirements for certain types of aircraft, ensuring that all equipment complies with safety directives while accommodating particular operational needs. The policy objective is to maintain a high standard of aviation safety by ensuring that all aircraft equipment is appropriately certified and meets CASA's safety directives.
Scope and Application
The Civil Aviation Regulations, as amended, apply to the operation of Australian aircraft and encompass a comprehensive framework governing the safety standards and equipment requirements for various classes of aviation operations. Specifically, subregulation 207(2) mandates that an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This regulation is designed to ensure that aircraft meet the necessary safety standards to protect the health and safety of passengers, crew, and the general public. Section 20.18 of the Civil Aviation Orders further specifies the required instruments and equipment for aircraft engaged in certain classes of operations, including the installation of oxygen storage and dispensing equipment. The approval under subregulation 207(2) allows the aircraft VH-FHM to use a particular make of nasal cannula type individual oxygen dispensing units, provided they meet specific criteria such as the required flow rates and installation ratios as stipulated in section 108.26 of the Orders. This approval has been issued by a delegate of CASA and has been tabled as a disallowable instrument under regulation 5A, meaning it can be subject to disallowance by Parliament. The approval came into effect upon gazettal and continues to apply to the specified conditions of operation.
Key Provisions
The Civil Aviation Regulations 2005, specifically under subregulation 207(2), mandate that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before being used in any class of operations. This requirement ensures that aircraft meet safety standards and operational necessities. Section 20.18 of the Civil Aviation Orders further elaborates on the specific instruments and equipment necessary for Australian aircraft engaged in certain classes of operations, with particular attention to oxygen systems.
Aircraft operating under this regulation must be fitted with oxygen dispensing and control equipment compliant with section 108.26 of the Orders, ensuring the availability of oxygen at necessary flow rates depending on altitude. This particular approval allows aircraft VH-FHM to use a specific make of nasal cannula type individual oxygen dispensing units, provided these units meet the specified flow rate criteria. The 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. Nasal cannula type units deliver oxygen through the nose only, and above 18,000 feet, only units designed for both nose and mouth should be used, supplied in a ratio of one per every 15 oxygen dispensing units installed.
The approval clarifies that although the specified flow rate for nasal cannula units differs from that for units used by flight crew members, the lesser flow rate still achieves the necessary oxygen levels in the blood. Moreover, the flow rate specified for flight crew members continues to apply to any units covering both the nose and mouth installed in the same aircraft. This approval is significant as it modifies a prescribed direction or exemption under regulation 5A, making it a disallowable instrument that has been tabled accordingly. It came into effect upon gazettal and was issued by a delegate of CASA, in compliance with regulation 7 of the Regulations.
Failure to comply with these regulations could lead to various consequences, including enforcement actions by CASA. Penalties for non-compliance can include fines, enforcement notices, and in severe cases, the grounding of the aircraft until compliance is achieved. Such stringent measures are in place to ensure that all aircraft operate safely and within the prescribed standards, safeguarding the aviation industry's integrity and public safety.