CASA 423/03 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, are designed to ensure the safety of civil aviation operations within Australia. These regulations, under Section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish rules governing the use of Australian aircraft, including the requirement for specific instruments and equipment approved by the Civil Aviation Safety Authority (CASA). The explanatory statement pertains to an approval under subregulation 207(2) of the Civil Aviation Regulations 1988, which allows the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-JMW. This approval, issued by a delegate of CASA, permits these units to be used at specified altitudes with specific flow rates, aligning with safety standards outlined in the Civil Aviation Orders. The policy objective of this approval is to ensure that aircraft meet necessary safety standards while allowing flexibility in the type of oxygen dispensing units used based on altitude and operational requirements.

Scope and Application

The Civil Aviation Orders (the Orders) govern the operation and safety requirements for aircraft in Australia, and the Civil Aviation Regulations 1988 (CAR 1988) support these Orders by detailing specific technical and operational standards. This particular approval under subregulation 207(2) applies to the aircraft VH-JMW, permitting its use of a specific make of nasal cannula type individual oxygen dispensing units. These units must meet a minimum flow rate of 0.3 litres per minute at 10,000 feet altitude, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, which is the maximum altitude for such units. This approval is subject to the jurisdictional reach of the Commonwealth of Australia, as CASA, which is the regulatory body for civil aviation safety, has issued this approval. The approval also highlights that above 18,000 feet, only units designed for both nose and mouth use are permitted, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. The approval specifies a different minimum flow rate for these units compared to those used by flight crew members, reflecting the different oxygen delivery efficiencies of nasal cannula type units. This approval, being a prescribed direction or exemption, is a disallowable instrument as per regulation 5A and has been tabled accordingly. The approval is effective upon gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.

Key Provisions

The main provisions of this legislation focus on the specific approval granted to aircraft VH-JMW for its oxygen dispensing units, under the Civil Aviation Regulations 1988 (CAR 1988). Section 207(2) of the CAR 1988 mandates that Australian 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 pertains to the installation of nasal cannula type individual oxygen dispensing units on the aircraft, which have been specified to have a minimum flow rate of 0.3 litres per minute at 10,000 feet altitude, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, as outlined in section 108.26 of the Civil Aviation Orders (the Orders). The obligations imposed by this Act require the aircraft to comply with the specified oxygen dispensing unit requirements, ensuring that the units are of the correct type and meet the stipulated flow rates as per the approval. This includes adhering to the ratio requirement for units designed to cover both the nose and mouth when operating above 18,000 feet, as stated in paragraph 5.1.2 of section 108.26. CASA's role in issuing this approval under regulation 7 of CAR 1988 ensures that the equipment meets safety standards and regulations, thereby maintaining the operational integrity and safety of the aircraft. Any breach of the provisions set out in this approval could lead to serious consequences. As a disallowable instrument, the approval can be challenged under regulation 5A, potentially leading to its disallowance. Non-compliance with the specified flow rates or unit ratios could also result in the aircraft not meeting the safety standards required by CAR 1988, leading to operational restrictions or penalties. Although the specific penalties are not detailed in the provided text, general aviation regulations often include fines, operational bans, or other enforcement actions for non-compliance with safety directives.