CASA 295/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to establish a comprehensive regulatory framework governing the operation of aircraft within Australia, ensuring safety and compliance with international standards. This legislation was introduced to address the need for stringent oversight of civil aviation activities, particularly in light of the increasing complexity and volume of air traffic. Enacted by the Parliament of Australia, the Civil Aviation Act 1988 empowers the Governor-General to make regulations, which are designed to maintain the highest standards of safety and efficiency in the civil aviation sector. The policy objective of these regulations is to ensure that all aircraft operations are conducted in a manner that minimises risks to public safety and property. One specific example of this regulatory approach is found in subregulation 207(2), which mandates 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 legislative framework and its subsequent approvals under subregulation 207(2) ensure that specific operational requirements, such as the type and flow rates of oxygen dispensing units, are met to maintain safety standards.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 specifically applies to the aircraft VH-JEL, permitting it to operate with a particular make of nasal cannula type individual oxygen dispensing units, which are subject to certain conditions and specifications set by the Civil Aviation Safety Authority (CASA). This regulation ensures that the aircraft complies with the requirements of section 108.26 of the Civil Aviation Orders concerning the storage of oxygen and the installation of dispensing and control equipment. The approval mandates that these nasal cannula type units must have 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 specified flow rate differs from that required for oxygen equipment used by flight crew members, reflecting the direct oxygen supply to the lungs via the nasal cannula. Furthermore, the approval maintains the requirement for a ratio of one unit designed to cover both the nose and mouth for every 15 oxygen dispensing units installed, as per section 108.26, and ensures that the flow rate specified for the latter units remains applicable. The approval has been issued by a delegate of CASA and came into operation upon gazettal, and it is a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment to be used in any class of operations. Specifically, section 20.4(3.1) and (3.2) state that oxygen must be stored and dispensing equipment must be installed according to section 108.26 of the Civil Aviation Orders. Furthermore, the minimum oxygen flow rates must also comply with section 108.26. This legislative framework ensures that the aircraft maintain safety standards during operation. This approval allows the aircraft VH-JEL to use a specific make of nasal cannula type individual oxygen dispensing units, provided they meet the required flow rates. The approval specifies that these units must have a flow rate of not less than 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, which is the maximum altitude permitted under section 108.26. Nasal cannula type units supply oxygen through the nose only and are only permitted up to 18,000 feet. Above this altitude, units that cover both the nose and mouth must be used, in a ratio of one for every 15 oxygen dispensing units installed, as specified in paragraph 5.1.2 of section 108.26. The requirement to have these units installed will continue to apply. The approval also addresses the flow rate for oxygen equipment used by flight crew members, noting that 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 specified in paragraph 6.1 of section 108.26. The approval states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth installed in the same aircraft. This approval, issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with regulation 7 of the Regulations, specifies a different minimum flow rate and is considered a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument and came into operation on gazettal. Non-compliance with the requirements set out in the Civil Aviation Regulations 1988 and the Civil Aviation Orders can result in significant consequences. The regulations impose obligations on the parties or entities they govern, including ensuring that aircraft are properly equipped with approved instruments and equipment. Failure to meet these requirements can lead to the disallowance of the aircraft operation under regulation 5A, as the approval affects the operation of paragraph 6.1 of section 108.26. In terms of penalties, while the exact civil or criminal consequences are not specified in the approval, non-compliance generally can result in enforcement actions, fines, and potential grounding of the aircraft, which can severely impact operations and safety.