CASA 445/05 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Commonwealth of Australia, address the need for stringent aviation safety standards by providing a framework for the operation of aircraft within Australia. This regulation is made under the authority of Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to establish rules ensuring the safety and efficiency of civil aviation. The Civil Aviation Orders (CAOs) complement these regulations by offering more specific guidelines and directives, issued by the Civil Aviation Safety Authority (CASA) under the regulatory powers outlined in the Civil Aviation Regulations. This particular approval, issued under subregulation 207(2) of the Civil Aviation Regulations, allows for the use of "Oxymizer" individual oxygen dispensing units on aircraft VH-WJK, deviating from the standard requirements for oxygen dispensing units and flow rates as stipulated in CAO 108.26. The policy objective here is to enhance safety by tailoring oxygen dispensing equipment to specific operational needs, while ensuring that overall safety standards are maintained through regulatory oversight and adherence to established protocols.

Scope and Application

The Civil Aviation Regulations 1988, as amended, govern the safety and operational standards for civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations concerning civil aviation, and subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that an Australian aircraft must not 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). Regulation 5 of the Civil Aviation Regulations 1988 allows CASA to issue directions in Civil Aviation Orders (CAOs) when empowered to do so. Specifically, this legislation permits the aircraft registered as VH-WJK to operate with "Oxymizer" individual oxygen dispensing units installed for use by flight crew members, differing from the flow rates specified in paragraph 6.1 of CAO 108.26, which applies to units designed to cover the nose and mouth. The approval is subject to certain conditions, such as the continued application of the 1:15 ratio requirement for oxygen dispensing units and the prohibition of nasal cannula units above 18,000 feet, as stipulated in paragraph 5.1.3 of CAO 108.26. This approval, declared a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. It has been issued by a delegate of CASA and will cease to have effect at the end of November 2008.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) in this context include section 98, which empowers the Governor-General to make regulations, and subregulation 207(2), which stipulates that an Australian aircraft must not be used unless it is fitted with approved instruments and equipment. Regulation 5 further allows the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs), with paragraph 3.1 of CAO 20.4 specifically addressing the storage and installation of oxygen dispensing and control equipment on aircraft. Paragraph 3.2 of CAO 20.4 then specifies the minimum rates of oxygen flow in accordance with CAO 108.26. The approval under subregulation 207(2) of CAR 1988 permits the use of "Oxymizer" individual oxygen dispensing units for flight crew members on aircraft VH-WJK, with specific flow rates differing from those required for units covering the nose and mouth. The obligations imposed by the Act and its regulations on the parties involved include ensuring that the aircraft is fitted with approved instruments and equipment, as mandated by subregulation 207(2) of CAR 1988. CASA's role is to approve or direct the fitting of such equipment, and the aircraft operator must comply with these approvals and directions. Additionally, the operator must adhere to the specific requirements outlined in the approval, such as the installation ratio of oxygen dispensing units and the prohibition on using nasal cannula units above 18,000 feet as specified in paragraph 5.1.3 of CAO 108.26. Furthermore, the approval ensures that the minimum flow rates specified in paragraph 6.1 of CAO 108.26 continue to apply to units designed to cover the nose and mouth. The consequences of breaching the provisions of the Civil Aviation Regulations 1988 or the Civil Aviation Orders can be severe. If an aircraft is operated without the approved instruments and equipment, it could be in violation of subregulation 207(2) of CAR 1988. Such a breach could result in significant penalties, as the regulations are designed to ensure the safety of air travel. The specific penalties are not detailed in the text, but they typically include fines and potential criminal charges for serious non-compliance. Additionally, the approval itself is a legislative instrument, which means it is subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The approval ceases to have effect at the end of November 2008, as specified in the document.