CASA 297/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to regulate the safe operation of aircraft within Australian airspace. This piece of legislation, overseen by the Civil Aviation Safety Authority (CASA), addresses the need for stringent standards to ensure that aircraft are equipped with approved instruments and equipment for safe operations. One of the key provisions under this regulation, specifically subregulation 207(2), mandates that Australian aircraft must be fitted with instruments and equipment approved or directed by CASA before they can be used in any class of operations. This particular approval under subregulation 207(2) focuses on permitting specific types of nasal cannula type individual oxygen dispensing units for aircraft VH-HCS, ensuring they meet safety standards for oxygen supply at different altitudes. The approval also differentiates the flow rates for these units compared to those used by flight crew members, considering the direct oxygen supply method through the nose. This legislative measure ensures that aircraft maintain compliance with safety directives and operational standards set forth by CASA.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, apply to any Australian aircraft that seeks to operate in any class of operations, requiring compliance with specific instrument and equipment standards as approved or directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) pertains to aircraft registered as VH-HCS, mandating the use of approved nasal cannula type individual oxygen dispensing units with specific flow rates, depending on the altitude of operation. This approval allows for a lesser flow rate for nasal cannula type units, which directly supply oxygen to the lungs through the nose, as opposed to the higher flow rate specified for units covering both the nose and mouth, thus ensuring an equivalent level of oxygen delivery to the blood. The approval also maintains the requirement for a ratio of one nose-and-mouth unit for every fifteen oxygen dispensing units installed in the aircraft, as stipulated in section 108.26. This instrument, classified as a disallowable instrument under regulation 5A, has been tabled and came into operation upon gazettal, issued by a delegate of CASA in accordance with regulation 7 of the Regulations.

Key Provisions

The Civil Aviation Orders, under subregulation 207(2) of the Civil Aviation Regulations 1988, mandate that Australian aircraft must be equipped with approved instruments and equipment before engaging in any operations. Specifically, section 20.4(3.1) of the Orders requires that oxygen must be stored and dispensing and control equipment must be installed in accordance with section 108.26. This particular approval, under subregulation 207(2), allows for the use of a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-HCS. These units must have a minimum flow rate of 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, which supply oxygen through the nose only, are permissible up to this altitude. Above 18,000 feet, only units designed to cover both the nose and mouth are allowed, and these must be supplied in a ratio of one for every 15 oxygen dispensing units installed, as per section 108.26(5.1.2). The entities governed by these regulations are required to ensure that their aircraft comply with the specific equipment and flow rate requirements outlined in the approval. This includes proper installation and maintenance of the approved oxygen dispensing units, as well as adherence to the specified flow rates and ratios. The Civil Aviation Safety Authority (CASA) holds the authority to issue such approvals and to oversee compliance through regular inspections and audits. Failure to comply with the provisions set out in this approval can result in significant consequences. Under regulation 5A, any "prescribed direction or exemption" that affects the operation of something in an Order is considered a disallowable instrument. This approval specifies a different minimum flow rate for oxygen equipment, making it a prescribed direction or exemption. As such, it has been tabled as a disallowable instrument, and any non-compliance can lead to enforcement actions by CASA. The penalties for breaches of the Civil Aviation Orders can include fines, suspension or revocation of aircraft operating certificates, and other regulatory sanctions. The exact penalties depend on the nature and severity of the breach but can be substantial, reflecting the importance of aviation safety.