CASA 372/01 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of aircraft operations. One of the key provisions of these regulations is subregulation 207(2), which mandates that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to operate in any class of operations. This requirement ensures that all aircraft meet stringent safety standards set by CASA. An explanatory statement regarding the approval of specific oxygen dispensing units on aircraft VH-AEQ illustrates the application of these regulations. CASA has approved the use of particular nasal cannula type individual oxygen dispensing units on these aircraft, provided they meet specified flow rate requirements. This approval addresses the need for standardised oxygen supply systems in aircraft, ensuring that passengers and crew receive adequate oxygen at various altitudes. The approval also reaffirms the necessity for different oxygen dispensing units at higher altitudes, highlighting CASA’s commitment to maintaining safety standards across different operational conditions. This regulatory measure is integral to upholding the overarching policy objective of the Civil Aviation Regulations 1988, which is to ensure the highest standards of safety in civil aviation.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to the aircraft identified as VH-AEQ, allowing it to operate with a particular make of nasal cannula type individual oxygen dispensing units, subject to certain conditions. This approval is issued by a delegate of the Civil Aviation Safety Authority (CASA) and pertains to the operational requirements outlined in the Civil Aviation Orders (the Orders). Notably, the approval specifies a minimum oxygen flow rate for these units, which varies based on altitude, and mandates that at altitudes above 18,000 feet, only units designed for both nose and mouth oxygen supply are permissible. This approval aligns with the overarching safety standards set out in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, ensuring that the aircraft meets the necessary safety and operational criteria for conducting its intended class of operations. The approval also reflects an exemption from certain provisions in the Orders, as detailed in the Explanatory Statement, and has been tabled as a disallowable instrument under regulation 5A.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be fitted with approved instruments and equipment to operate legally. This requirement is further detailed in section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create such regulations. Additionally, the Civil Aviation Orders (the Orders) specify in section 20.4 that oxygen must be stored and dispensing and control equipment installed according to section 108.26. This approval under subregulation 207(2) allows the aircraft VH-AEQ to use a particular make of nasal cannula type individual oxygen dispensing units, provided they meet specific criteria. Entities governed by these regulations must ensure that their aircraft are equipped with the approved oxygen dispensing units. For altitudes up to 18,000 feet, the nasal cannula type units must have a flow rate of at least 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet. For altitudes above 18,000 feet, only units designed for both nose and mouth should be used, with a ratio of 1 unit for every 15 oxygen dispensing units installed, as per paragraph 5.1.2 of section 108.26. These obligations ensure that the aircraft complies with safety standards set by the Civil Aviation Safety Authority (CASA). Failure to comply with these regulations can lead to significant consequences. Under regulation 5A, any prescribed direction or exemption affecting the operation of an Order is a disallowable instrument. This approval, which specifies a different minimum flow rate from that in paragraph 6.1 of section 108.26, is considered a prescribed direction or exemption. It has been tabled as a disallowable instrument, meaning it can be challenged and potentially disallowed by Parliament. Additionally, non-compliance with these regulations can result in penalties, which may include fines or other enforcement actions as determined by CASA. The approval came into operation upon gazette, and it has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.