CASA 319/03 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing gaps in safety standards and operational protocols. This legislative instrument, an approval under subregulation 207(2), was introduced to permit specific aircraft to operate with particular types of oxygen dispensing units. Authorised by section 98 of the Civil Aviation Act 1988, this approval was issued by a delegate of the Civil Aviation Safety Authority (CASA) to ensure compliance with safety standards stipulated in the Civil Aviation Orders. The policy objective of this approval is to allow aircraft VH-HQB to operate with nasal cannula type individual oxygen dispensing units that meet specified flow rates, thus ensuring the safety of passengers and crew at various altitudes while adhering to CASA directives. This disallowable instrument, tabled under regulation 5A, became effective upon gazettal, and it ensures that the minimum oxygen flow rates for these units are consistent with safety requirements as per section 108.26 of the Orders.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, provide comprehensive regulatory oversight of aircraft operations within Australia. Specifically, subregulation 207(2) mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) to ensure safe operations. This particular approval under subregulation 207(2) pertains to aircraft VH-HQB, allowing it to use a specific make of nasal cannula type individual oxygen dispensing units. This approval ensures that these units meet the required flow rates as stipulated in section 108.26 of the Civil Aviation Orders, which governs oxygen storage and dispensing equipment on aircraft. The approval specifies that the flow rate for these units must be a minimum of 0.3 litres per minute at 10,000 feet, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, beyond which only units designed for nose and mouth use are permissible. This approval modifies the minimum flow rate requirements set forth in paragraph 6.1 of section 108.26, recognising the efficiency of nasal cannula units in delivering oxygen to the lungs. Additionally, the requirement for a ratio of 1 unit for every 15 oxygen dispensing units installed, as per paragraph 5.1.2 of section 108.26, remains applicable. The approval, issued by a delegate of CASA and tabled as a disallowable instrument, came into operation upon gazettal and is subject to the overarching regulatory framework of the Civil Aviation Regulations 1988.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Orders under the Civil Aviation Act 1988 focus on ensuring the safety of aircraft operations in Australia. Under subregulation 207(2) of the Civil Aviation Regulations 1988, an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) (subreg. 207(2)). This requirement is designed to ensure that all aircraft meet the necessary safety standards before being operated. Furthermore, section 20.4 of the Civil Aviation Orders stipulates 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 (s. 20.4, para. 3.1). It also mandates that the minimum rates of oxygen flow on an aircraft must comply with section 108.26 (s. 20.4, para. 3.2). The obligations imposed by this legislation on the parties and entities it governs include ensuring that all aircraft are equipped with CASA-approved instruments and equipment. This means that aircraft operators must verify that the equipment installed on their aircraft meets the standards set by CASA. For instance, in the context of oxygen dispensing units, operators must ensure that the units are of the correct type, meet the specified flow rates, and are supplied in the required ratios as mandated by the Civil Aviation Orders (s. 20.4, para. 3.2). Moreover, operators must adhere to the specific requirements outlined in the approval, such as the use of nasal cannula type units at certain altitudes and the specified flow rates (s. 108.26, para. 6.1). In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the associated regulations impose penalties and consequences for breaches of the approved requirements. Regulation 5A defines a "prescribed direction or exemption" that affects the operation of anything in an Order as a disallowable instrument. This means that any deviation from the approved requirements, such as using non-compliant oxygen dispensing units, could lead to the disallowance of the instrument. The approval under subregulation 207(2) that allows for the use of specific oxygen dispensing units is itself a disallowable instrument and has been tabled accordingly (reg. 5A). Failure to comply with these requirements could result in significant penalties, including fines and potential grounding of the aircraft until the necessary equipment is installed and approved by CASA. The exact penalties are not specified in the text but would be determined in accordance with the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988.