CASA 405/02 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, serves to ensure the safety and compliance of civil aviation operations within Australia. The specific regulation in focus is subregulation 207(2), which mandates that Australian aircraft must be equipped with instruments and devices approved by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. This regulation was designed to address the need for standardised safety measures in civil aviation, ensuring that all aircraft meet specific safety criteria before operation. This explanatory statement concerns an approval under subregulation 207(2) that allows the aircraft VH-XMK to use a particular make of nasal cannula type individual oxygen dispensing units, aligning with the safety directives outlined in the Civil Aviation Orders. This approval was issued to address a particular operational need while maintaining the overarching safety standards mandated by the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Orders (the Orders) and Civil Aviation Regulations 1988 (the Regulations) govern the operation of aircraft in Australia, ensuring safety and compliance with standards set by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) of the Regulations pertains to aircraft VH-XMK, allowing it to be used in specific operations with a particular make of nasal cannula type individual oxygen dispensing units, provided that these units meet specified flow rates. This approval modifies the minimum oxygen flow rate for passenger use, recognising that nasal cannula units provide sufficient oxygen levels at a lower flow rate compared to units designed for both nose and mouth. However, the requirement for a 1:15 ratio of nose and mouth units to nasal cannula units at altitudes above 18,000 feet remains unchanged. This approval, which came into effect upon gazettal, is a disallowable instrument under regulation 5A, and CASA has issued it in accordance with regulation 7 of the Regulations.

Key Provisions

The main provisions of this Civil Aviation Order (Order) approval allow for the use of a specific type of nasal cannula oxygen dispensing units on the aircraft VH-XMK, under certain conditions. Subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. This approval permits the use of nasal cannula type units with a minimum flow rate of 0.3 litres per minute at 10,000 feet altitude, increasing by 0.1 litres per minute for every 2,000 feet up to 18,000 feet. This flow rate differs from the requirement for oxygen equipment used by flight crew members, as stated in paragraph 6.1 of section 108.26. The approval also maintains the requirement for a ratio of 1 unit designed to cover the nose and mouth for every 15 oxygen dispensing units installed in the aircraft, as stipulated in paragraph 5.1.2 of section 108.26. The approval imposes specific obligations on the parties involved. The owner or operator of the aircraft VH-XMK must ensure that the specified nasal cannula oxygen dispensing units are installed and maintained in accordance with the conditions outlined in the approval. This includes ensuring that the units meet the specified flow rate requirements and that the correct ratio of units designed to cover the nose and mouth is installed. The approval also mandates that the flow rate specified in paragraph 6.1 of section 108.26 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft. Compliance with these obligations is essential to ensure the safety of the aircraft and its occupants. Breaching the conditions of this approval may result in civil or criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes a regulation or order may be liable to penalties. The maximum penalty for contravening a regulation or order is generally a fine of up to $22,200 for an individual and $111,000 for a body corporate, as stated in section 336 of the Act. In addition, the approval is a disallowable instrument, meaning that it can be disallowed by either House of Parliament. If disallowed, the approval will cease to have effect, and the aircraft may no longer be permitted to operate under the conditions specified in the approval. It is therefore essential that the owner or operator of the aircraft VH-XMK ensures compliance with the conditions of the approval to avoid any potential penalties or consequences.