EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
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 (the Regulations) provides that an Australian aircraft shall 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.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 3.1 of section 20.18 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-MDN to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than .3 litre per minute increasing by.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation Regulations, enacted in 1988, were established to ensure the safety of civil aviation in Australia by providing a regulatory framework for the operation of aircraft and the conduct of aviation-related activities. This regulatory framework includes setting standards for aircraft equipment and instruments, including oxygen dispensing units, which are critical for ensuring the safety of passengers and crew at various altitudes. The Civil Aviation Orders further detail the specific requirements for these instruments and equipment, with the Civil Aviation Safety Authority (CASA) having the authority to approve or direct the use of particular equipment under subregulation 207(2) of the Regulations. This specific approval allows for the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-MDN, which must adhere to certain flow rates and ratios as stipulated by the Orders. This regulation was enacted by the Australian Parliament to address the need for specific safety standards in aviation operations, ensuring that all aircraft meet the necessary safety requirements before being used in operations.
Scope and Application
The Civil Aviation Regulations, specifically under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment for various classes of operations. This approval under subregulation 207(2) applies to the aircraft VH-MDN and pertains to the use of a particular make of nasal cannula type individual oxygen dispensing units, which must have a specific flow rate to comply with the safety requirements outlined in section 108.26 of the Civil Aviation Orders. This approval allows for a different flow rate for nasal cannula units compared to other types of oxygen dispensing units, reflecting the differing physiological requirements for oxygen delivery through the nose versus both the nose and mouth. The approval is applicable nationally and affects the operation of aircraft within Australia, ensuring compliance with the Civil Aviation Safety Authority's standards. The approval does not exempt the aircraft from other requirements such as the ratio of oxygen dispensing units, which remains as specified in section 108.26. This approval has been issued by a delegate of CASA and has been tabled as a disallowable instrument under regulation 5A.
Key Provisions
The Civil Aviation Regulations (the Regulations) and Civil Aviation Orders (the Orders) establish key requirements for the operation of Australian aircraft, including the installation and use of specific instruments and equipment. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make these regulations, and subregulation 207(2) stipulates that an Australian aircraft cannot be used in any class of operations unless it is fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). Specifically, section 20.18 of the Orders mandates the installation of oxygen dispensing and control equipment on aircraft in certain operations, with requirements outlined in section 108.26.
This approval under subregulation 207(2) pertains to aircraft VH-MDN, permitting it to operate with a particular make of nasal cannula type individual oxygen dispensing units. These units must have a minimum flow rate of 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. Above 18,000 feet, only units designed to cover both the nose and mouth can be used. Additionally, the ratio of these units to nasal cannula type units must be 1 for every 15 units installed, as stipulated in paragraph 5.1.2 of section 108.26. The approval confirms that this requirement will continue to apply.
The obligations imposed by this approval require that aircraft VH-MDN comply with the specified flow rates for oxygen dispensing units. This includes ensuring that the correct type of units is used at different altitudes and maintaining the required ratio of units. Furthermore, the approval specifies that the minimum flow rate for nasal cannula type units differs from that specified for units used by flight crew members, reflecting the different physiological requirements. Despite this difference, the flow rate for units designed for nose and mouth remains as specified in paragraph 6.1 of section 108.26.
Any breach of the requirements set out in this approval could result in significant consequences. Under regulation 5A, a “prescribed direction or exemption” affecting an Order is considered a disallowable instrument. This approval, by specifying a different minimum flow rate, qualifies as such an instrument and has been tabled accordingly. The penalties for non-compliance with these regulations can include civil or criminal penalties, depending on the severity of the breach. The maximum penalties are outlined in relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations.