CASA 327/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations concerning the safety and operational standards of civil aviation in Australia. The Civil Aviation Orders Approval under subregulation 207(2) issued in 2005 addresses a specific gap in the regulatory framework concerning the types and specifications of oxygen dispensing units permitted for use on Australian aircraft in certain operational classes. This approval was introduced by the Civil Aviation Safety Authority (CASA), acting under the delegation from the Governor-General as empowered by Section 98 of the Civil Aviation Act 1988. The policy objective of this approval is to ensure that the oxygen dispensing units used on aircraft meet the necessary safety standards while accommodating the physiological differences in oxygen absorption between passengers and flight crew members, thereby enhancing overall aviation safety. The approval specifically allows for the use of nasal cannula type individual oxygen dispensing units on aircraft, with specified flow rates that vary with altitude, ensuring that passengers receive adequate oxygen levels during flight.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft VH-IOD that are used in operations within Australia, ensuring compliance with the Civil Aviation Safety Authority's (CASA) standards for oxygen dispensing units. This regulation mandates that aircraft must be equipped with CASA-approved instruments and equipment to operate, ensuring safety and compliance with specified operational standards. The approval permits the use of a particular make of nasal cannula type individual oxygen dispensing units on the specified aircraft, with a minimum flow rate that increases with altitude up to 18,000 feet, beyond which only units designed to cover both the nose and mouth are permissible. This regulation also stipulates that such units must be provided in a specific ratio in relation to other oxygen dispensing units installed on the aircraft. Notably, this approval modifies the minimum flow rate for oxygen equipment used by passengers compared to flight crew members, reflecting the different physiological requirements of nasal cannula type units. The approval is a prescribed direction or exemption as defined under regulation 5A, and it has been tabled as a disallowable instrument, meaning it can be subject to disallowance by Parliament. This approval came into operation on gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.

Key Provisions

The Civil Aviation Orders, under section 108.26, stipulate that oxygen must be stored and dispensing and control equipment must be installed on aircraft in accordance with specific requirements. Furthermore, the minimum rates of oxygen flow must also comply with these standards. This particular approval, under subregulation 207(2) of the Civil Aviation Regulations 1988, allows aircraft VH-IOD to use a specific type of nasal cannula oxygen dispensing units, provided they meet certain flow rate criteria. These units must have a flow rate of at least 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 units deliver oxygen through the nose only and are suitable for altitudes up to 18,000 feet. For altitudes above 18,000 feet, only units designed to cover both the nose and mouth are permitted, and these must be supplied in a ratio of one per every fifteen oxygen dispensing units installed. The Civil Aviation Safety Authority (CASA) has issued this approval, which specifies a different minimum flow rate for nasal cannula units compared to the flow rate for oxygen equipment used by flight crew members. This is because nasal cannula units deliver oxygen directly to the lungs through the nose, and thus, a lower flow rate provides the same oxygen level in the blood. The approval also clarifies that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover both the nose and mouth installed in the same aircraft. Entities governed by these regulations must ensure their aircraft comply with the specified oxygen equipment and flow rate requirements. This includes installing the approved oxygen dispensing units and maintaining the correct flow rates depending on the altitude. Non-compliance with these requirements could lead to the aircraft not being deemed fit for operation in certain classes of operations, which could have serious safety implications. Under the Civil Aviation Regulations 1988, any breach of the requirements set out in the Orders can result in significant penalties. For example, failure to comply with the specified oxygen equipment and flow rate standards can lead to enforcement actions by CASA. Such actions may include fines, grounding of the aircraft, or other regulatory sanctions. The specific penalties for non-compliance are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, which can include substantial monetary fines and potential imprisonment for serious breaches. Therefore, adherence to these regulations is critical for ensuring the safety and legality of aircraft operations in Australia.