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-FNK 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 (CIVIL AVIATION ORDERS) Approval under subregulation 207(2) 2005, was introduced to provide specific approval for the use of certain oxygen dispensing units on the aircraft VH-FNK. Enacted by the Australian Government, the objective of this regulation is to ensure that all Australian aircraft comply with safety standards as stipulated by the Civil Aviation Safety Authority (CASA). This particular approval addresses a gap by allowing the use of nasal cannula type individual oxygen dispensing units on the aircraft VH-FNK, while ensuring compliance with the safety standards set by the Civil Aviation Orders. The approval was issued under the authority of the Civil Aviation Act 1988 and came into effect upon gazettal. It has been tabled as a disallowable instrument, subject to the disallowance process outlined in regulation 5A of the Civil Aviation Regulations.
Scope and Application
The approval under subregulation 207(2) of the Civil Aviation Regulations, applicable to aircraft VH-FNK, pertains to the specific use of nasal cannula type individual oxygen dispensing units in compliance with Civil Aviation Orders. This approval, granted by a delegate of the Civil Aviation Safety Authority (CASA), allows for the use of these units which have a flow rate of not less than 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. The regulation distinguishes between nasal cannula type units, which supply oxygen through the nose only, and units designed to cover both the nose and mouth, which are required above 18,000 feet. This approval aligns with section 108.26 of the Orders, modifying the flow rate specified in paragraph 6.1 for nasal cannula units while maintaining the original requirements for units designed for both nose and mouth. The approval recognises that a lower flow rate for nasal cannula units achieves the same oxygen saturation as higher rates for other types of units. The requirement for a ratio of one unit designed for both nose and mouth for every 15 nasal cannula units installed remains in effect, as per paragraph 5.1.2 of section 108.26. This approval has been issued as a disallowable instrument under regulation 5A and came into operation upon gazettal.
Key Provisions
The main provisions of this legislation revolve around the approval of specific equipment for aircraft operations under the Civil Aviation Regulations and Civil Aviation Orders. According to section 20.18 of the Civil Aviation Orders, an Australian aircraft must be equipped with certain instruments and equipment as approved or directed by the Civil Aviation Safety Authority (CASA). This approval under subregulation 207(2) specifically pertains to the use of nasal cannula type individual oxygen dispensing units on aircraft VH-FNK, which must comply with certain specifications. Paragraph 3.1 and 3.2 of section 20.18 require that oxygen be stored and the dispensing and control equipment be installed and operating in accordance with section 108.26 of the Orders. Furthermore, the minimum rates of oxygen flow must also comply with section 108.26.
This Act imposes several obligations on the parties involved. Primarily, it mandates that aircraft VH-FNK must be fitted with nasal cannula type individual oxygen dispensing units with a specific flow rate, which varies depending on altitude. These units must supply oxygen at a 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. Additionally, for altitudes above 18,000 feet, only units designed to cover the nose and mouth can be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. This ensures that the aircraft meets the safety requirements for oxygen supply at different altitudes.
Failure to comply with the provisions outlined in this legislation can result in significant consequences. The legislation states that this approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate, making it a prescribed direction or exemption as defined in regulation 5A. Such instruments are considered disallowable, meaning they can be disallowed by a resolution of either house of the Parliament. The approval has been tabled as a disallowable instrument and came into operation upon gazettal. Any breach of these requirements could lead to penalties or other enforcement actions as stipulated by the relevant regulations and orders.
The approval process is overseen by a delegate of CASA in accordance with regulation 7 of the Regulations, ensuring that all specifications and safety standards are met. This delegate has the authority to issue such approvals, which are critical for maintaining the safety and compliance of aircraft operations within the specified parameters. Ensuring adherence to these provisions is essential for the safe operation of the aircraft and compliance with aviation safety standards.