Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Orders
Approval under subregulation 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments, and is fitted with or carries such equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders.
Paragraph 3.1 of Civil Aviation Order 20.4 provides that oxygen must be stored and dispensing and control equipment must be installed, on an aircraft in accordance with Civil Aviation Order 108.26 (CAO 108.26). Paragraph 3.2 provides that the minimum rates of oxygen flow must also be in accordance with CAO 108.26.
This approval under subregulation 207 (2) of CAR 1988 permits aircraft VH-JVR to operate with “Oxymizer” individual oxygen dispensing units installed for use by flight crew members. Oxygen dispensing units that meet the requirements of paragraph 6.1 of CAO 108.26 in relation to oxygen flow would otherwise have to be installed. The minimum flow rates specified in this approval differ from the flow rates specified in paragraph 6.1 for flight crew members. The flow rate specified in paragraph 6.1 applies to units designed to cover the nose and mouth. Because nasal cannula type units such as the “Oxymizers” supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as a greater flow rate provided in accordance with paragraph 6.1.
Units designed to cover the nose and mouth must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. For the avoidance of doubt, the approval states that this requirement will continue to apply and that the flow rates specified in paragraph 6.1 of CAO 108.26 will apply to those units. The approval is also subject to paragraph 5.1.3 of CAO 108.26 which prohibits the use of nasal cannula units above 18 000 feet.
Because this approval affects the operation of paragraph 6.1 of CAO 108.26, it is declared to be a disallowable instrument under regulation 5A of CAR 1988.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if declared to be a disallowable instrument under legislation in force before the commencing day of the LIA.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. It commences on the day after it is registered on the Federal Register of Legislative Instruments.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been issued at the request of the operator to permit the operation of a single aircraft with the specified equipment.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988. It stops having effect at the end of November 2008.
[Instrument number CASA 382/06]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, provide a regulatory framework for various aspects of aviation operations. One specific regulation under this Act is subregulation 207(2) of the Civil Aviation Regulations 1988, which mandates that Australian aircraft must not be used in any class of operations unless they are equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by CASA. This regulation was established to maintain the highest safety standards for aircraft operations across the country. The Civil Aviation Orders, which are subordinate legislation under this Act, further detail the specific requirements for aircraft equipment and operations, including the installation of oxygen dispensing and control equipment. The policy objective of these regulations is to ensure that all aircraft operations comply with stringent safety standards, thereby protecting passengers, crew, and the general public.
Scope and Application
The Civil Aviation Regulations 1988, specifically under subregulation 207(2), mandate that Australian aircraft must not be used in any class of operations unless they are fitted with approved instruments and equipment. This requirement is implemented by the Civil Aviation Safety Authority (CASA) through the issuance of Civil Aviation Orders. Regulation 5 of the Civil Aviation Regulations 1988 empowers CASA to issue these directions, which are then incorporated into Civil Aviation Orders. For instance, paragraph 3.1 of Civil Aviation Order 20.4 stipulates that oxygen equipment must be installed on aircraft according to Civil Aviation Order 108.26. This specific approval allows the aircraft VH-JVR to operate with "Oxymizer" individual oxygen dispensing units for flight crew members, deviating from the standard flow rates specified in Civil Aviation Order 108.26 for units designed to cover the nose and mouth. The approval is subject to conditions, including the requirement that the ratio of 1 unit for every 15 installed oxygen dispensing units still applies, and the prohibition on using nasal cannula units above 18,000 feet as outlined in paragraph 5.1.3 of Civil Aviation Order 108.26. This approval, being a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988, is subject to tabling and disallowance in Parliament, in accordance with the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) empower the Governor-General to make regulations concerning the operation of Australian aircraft, and under subregulation 207(2), an aircraft must not be used unless it is fitted with the necessary instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This approval allows the aircraft VH-JVR to operate with “Oxymizer” individual oxygen dispensing units installed for the use of flight crew members. This specific approval modifies the requirements of paragraph 6.1 of Civil Aviation Order 108.26 (CAO 108.26) which usually stipulates the installation of oxygen dispensing units that cover both the nose and mouth. The “Oxymizer” units, which supply oxygen directly to the lungs through the nose, can operate at a lesser flow rate to achieve the same oxygen levels in the blood. However, the approval maintains that the ratio requirement of 1 unit for every 15 oxygen dispensing units, as per paragraph 6.1 of CAO 108.26, will continue to apply. Moreover, the prohibition against using nasal cannula units above 18,000 feet, as outlined in paragraph 5.1.3 of CAO 108.26, remains in effect.
The obligations imposed by this approval include ensuring that the specified “Oxymizer” units are installed on the aircraft VH-JVR and that the specified oxygen flow rates are adhered to. Furthermore, the ratio requirement of 1 unit for every 15 oxygen dispensing units must be maintained, and the prohibition on using nasal cannula units above 18,000 feet must be observed. This approval is subject to the Legislative Instruments Act 2003 (LIA), which mandates that it be tabled and allows for its disallowance in Parliament. Additionally, it is a legislative instrument as it has been declared to be a disallowable instrument under regulation 5A of CAR 1988.
The Civil Aviation Regulations 1988 and the associated Civil Aviation Orders contain various offences and penalties for non-compliance. For instance, operating an aircraft without the required instruments and equipment could result in severe penalties. In this context, failure to adhere to the specified oxygen flow rates or the ratio requirements could lead to significant legal consequences. While the exact penalties are not specified in the provided text, non-compliance with aviation safety regulations generally attracts hefty fines and potential imprisonment. The approval ceases to have effect at the end of November 2008, meaning that any operations conducted beyond this date without the necessary compliance would be in violation of the regulations.