CASA 430/03 - Approval under subregulation 207 (2)

Overview

The Civil Aviation Orders, established under the Civil Aviation Act 1988, aim to ensure the safety and efficiency of civil aviation operations in Australia. This specific approval under subregulation 207(2) of the Civil Aviation Regulations 1988 allows the aircraft VH-BRZ to be used in certain operations with a particular type of nasal cannula oxygen dispensing units, adhering to specific flow rate requirements depending on altitude. This regulation seeks to address the need for ensuring adequate oxygen supply at different altitudes while maintaining compliance with safety standards. The approval, issued by a delegate of the Civil Aviation Safety Authority, specifies that while the nasal cannula units can operate with a lower flow rate compared to other oxygen equipment, the minimum flow rates and other safety requirements must still be met, particularly at altitudes above 18,000 feet where units covering both nose and mouth are mandatory. This regulation has been tabled as a disallowable instrument under regulation 5A, reflecting its significance and the need for parliamentary oversight.

Scope and Application

The Civil Aviation Orders (the Orders) specify the requirements for the storage of oxygen and the installation of dispensing and control equipment on aircraft as per section 108.26. This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) pertains to the use of a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-BRZ, which must comply with certain standards and flow rates as mandated by the Civil Aviation Safety Authority (CASA). These units must have a minimum flow rate of 0.3 litres per minute at 10,000 feet, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, the maximum altitude permitted for such units under section 108.26. This regulation affects the operation of aircraft by specifying a different flow rate for nasal cannula type units compared to other oxygen equipment, and it is classified as a disallowable instrument under regulation 5A. The approval takes effect upon gazettal and is issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.

Key Provisions

The key provision of this regulation under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) specifies that an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) (subreg. 207(2)). This approval allows the aircraft VH-BRZ to use a particular make of nasal cannula type individual oxygen dispensing units, which must 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 (s. 20.4). The regulation also specifies that at altitudes above 18,000 feet, only units designed to cover both the nose and mouth are permitted, and these must be supplied in a ratio of 1 for every 15 nasal cannula units (s. 108.26). The regulation imposes specific obligations on the aircraft operator to ensure compliance with these requirements. Operators must ensure that their aircraft are equipped with the approved types of oxygen dispensing units and that these units meet the specified flow rates and ratios. This involves proper installation, maintenance, and adherence to the operational guidelines set forth in the Civil Aviation Orders (the Orders) and the Civil Aviation Regulations 1988. Operators are also required to maintain records demonstrating compliance with these requirements, which may be subject to inspection by CASA. Failure to comply with these regulations can result in significant consequences. The Civil Aviation Act 1988 provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines and other enforcement actions, while criminal penalties can include imprisonment, reflecting the serious nature of ensuring safety in aviation operations. The exact penalties are determined by the severity of the breach and the specific provisions of the Civil Aviation Act 1988, but they are designed to enforce strict compliance with safety regulations. This approval, which specifies a different minimum flow rate for nasal cannula type units compared to the flow rate for units covering both the nose and mouth, affects the operation of paragraph 6.1 of section 108.26 and is classified as a disallowable instrument under regulation 5A. As such, it has been tabled and can be subject to disallowance by Parliament. The regulation comes into effect upon gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988. This ensures that all approvals are made in line with the overarching safety standards and operational requirements of Australian civil aviation.