CASA 328/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, provide a comprehensive framework for the regulation of civil aviation in Australia. These regulations were introduced to address the need for a unified set of rules governing the safety and operation of aircraft within Australian airspace. As a part of this framework, subregulation 207(2) specifies that Australian aircraft must be equipped with approved instruments and equipment to ensure safe operations. The explanatory statement pertains to the approval under this subregulation for the use of specific nasal cannula type oxygen dispensing units on aircraft VH-DTF, ensuring compliance with safety standards for oxygen supply at different altitudes. The Civil Aviation Safety Authority (CASA) issued this approval to allow these particular oxygen units, which have varying flow rates based on altitude, to be used on the specified aircraft, reflecting the differing oxygen requirements at various altitudes and ensuring safety and compliance with existing regulations. This approval, which modifies the flow rate requirements for these oxygen units, has been tabled as a disallowable instrument and came into operation upon gazettal.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft VH-DTF and allows for the use of a particular make of nasal cannula type individual oxygen dispensing units, provided these units meet certain criteria. The nasal cannula type units must have a minimum flow rate of 0.3 litre per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. This approval acknowledges that, due to the direct delivery of oxygen through the nose, a lesser flow rate is adequate compared to the flow rate specified for oxygen equipment used by flight crew members. Additionally, the requirement for the installation of oxygen dispensing and control equipment, as well as the minimum flow rates for oxygen, must be adhered to in accordance with section 108.26 of the Civil Aviation Orders. Notably, the approval specifies that above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. The approval has been issued by a delegate of CASA in accordance with the Civil Aviation Regulations 1988 and came into operation upon gazettal, and it affects the operation of certain sections of the Civil Aviation Orders, thereby classifying it as a disallowable instrument under regulation 5A.

Key Provisions

The Civil Aviation Orders under the Civil Aviation Regulations 1988 include provisions for the approval of specific instruments and equipment that must be fitted on Australian aircraft to ensure safe operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make these regulations, and subregulation 207(2) of the Civil Aviation Regulations 1988 specifically mandates that aircraft must not be used unless they are equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This includes the installation and operation of oxygen dispensing units, as outlined in section 20.4 of the Orders. Specifically, paragraph 3.1 requires that oxygen be stored and dispensing and control equipment installed according to section 108.26, and paragraph 3.2 specifies that the minimum rates of oxygen flow must also comply with section 108.26. The obligations imposed by this legislation require aircraft operators to ensure that any aircraft, such as VH-DTF, is equipped with the approved type of oxygen dispensing units. For nasal cannula type units, which supply oxygen through the nose, the units must have a flow rate of no 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. For altitudes above 18,000 feet, only units designed to cover both the nose and mouth can be used, and they must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed, as stipulated in paragraph 5.1.2 of section 108.26. The approval also confirms that the different flow rate specified for flight crew members, detailed in paragraph 6.1 of section 108.26, remains applicable to units covering both the nose and mouth installed in the same aircraft. Failure to comply with these provisions can result in serious consequences. Under regulation 5A, any "prescribed direction or exemption" that affects the operation of an Order is considered a disallowable instrument, meaning it can be annulled by Parliament. This approval, which specifies a different minimum flow rate for certain oxygen dispensing units, falls under this category. Additionally, breaches of these regulations may result in enforcement actions by CASA, which could include fines, sanctions, or other penalties as deemed appropriate under the Civil Aviation Act 1988. The specific penalties for non-compliance are not detailed in the approval but generally align with the sanctions outlined in the Civil Aviation Act, which can include substantial financial penalties and other legal repercussions.