CASA 320/02 - Approval under subregulation 207 (2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address the need to ensure the safety and compliance of aircraft operations within the country. The specific regulation, Subregulation 207(2), mandates that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) before engaging in any class of operations. This legislation aims to ensure that all aircraft meet stringent safety standards, thereby protecting the lives of passengers and crew. The approval under subregulation 207(2) allows the aircraft VH-KEG to operate with a specific type of nasal cannula oxygen dispensing unit, which has a flow rate that is less than that required for other oxygen equipment. This regulation underscores the importance of tailored safety measures based on the specific operational requirements of different aircraft components and the necessity of adhering to the safety directives issued by CASA.

Scope and Application

The Civil Aviation Regulations 1988, under subregulation 207(2), govern the use of Australian aircraft in any class of operations by requiring them to be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This legislative framework applies to all Australian aircraft operating within the jurisdiction of Australia. The approval in question pertains specifically to the aircraft VH-KEG, allowing it to operate with a particular make of nasal cannula type individual oxygen dispensing units. This exemption allows these units to have a flow rate of not less than 0.3 litres per minute at 10,000 feet, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. This differs from the flow rate specified for oxygen equipment used by flight crew members, taking into account the direct oxygen supply to the lungs through the nose. However, above 18,000 feet, only units designed to cover both the nose and mouth can be used, in accordance with the specified ratio requirement. This approval, which came into effect upon gazettal, is classified as a disallowable instrument under regulation 5A and has been tabled accordingly. It is issued by a delegate of CASA in accordance with regulation 7 of the Regulations.

Key Provisions

The primary operative sections of this legislation, specifically under the Civil Aviation Regulations 1988 and Civil Aviation Orders, concern the approval for the use of specific oxygen dispensing units on the aircraft VH-KEG. Section 20.4(3.1) and (3.2) of the Orders mandate that oxygen must be stored and that dispensing and control equipment must be installed and meet certain minimum flow rates. This approval, under subregulation 207(2), allows the use of a particular make of nasal cannula type individual oxygen dispensing units on the specified aircraft. These units must have a minimum flow rate 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, which is the maximum altitude permitted for these units (section 108.26). This approval imposes several obligations on the parties involved. Firstly, the aircraft VH-KEG must comply with the specified flow rate requirements for the nasal cannula type oxygen dispensing units. It also mandates that, above 18,000 feet, only units designed to cover both the nose and mouth can be used, with a ratio of 1 unit for every 15 dispensing units installed (section 108.26, paragraph 5.1.2). Additionally, the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed for nose and mouth use that are installed in the same aircraft. These obligations ensure that the aircraft meets the safety standards set forth by the Civil Aviation Safety Authority (CASA). Should any party fail to comply with the requirements set out in this approval, there could be significant consequences. The approval specifies that it is a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988. Non-compliance could lead to regulatory action, and in severe cases, criminal or civil penalties may apply. Although the exact penalties are not detailed in the approval itself, they would typically be consistent with the broader regulatory framework governing civil aviation in Australia. The severity of penalties would depend on the nature and extent of the breach, but they could include fines or other sanctions as stipulated by relevant aviation legislation.