EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
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 1988 (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.
Paragraph 3.1 of section 20.4 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-CAV 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 0.3 litre per minute increasing by 0.1 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 1988, enacted by the Australian Parliament, aims to ensure that Australian aircraft are equipped with the necessary instruments and equipment to safely perform their operations. Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, which are further detailed in the Civil Aviation Regulations. One such regulation, subregulation 207(2), mandates that aircraft must be fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This approval pertains specifically to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-CAV. The units must meet 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. This requirement ensures that the oxygen flow rate is sufficient to maintain the required oxygen levels in the blood, considering the efficiency of nasal cannula units. The approval also reaffirms the necessity of using units that cover both the nose and mouth above 18,000 feet and maintains the specified ratio for these units within the aircraft. The approval was issued by a delegate of CASA in line with the Regulations and has been tabled as a disallowable instrument under regulation 5A.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 207(2), apply to all Australian aircraft ensuring they are equipped with approved instruments and equipment for their intended operations. This particular approval under subregulation 207(2) pertains to the use of nasal cannula type individual oxygen dispensing units on the aircraft VH-CAV, specifying that these units must have a minimum flow rate of 0.3 litres per minute, increasing incrementally by 0.1 litre per minute for every 2,000 feet up to 18,000 feet. This regulation ensures that the oxygen equipment installed on the aircraft complies with safety standards set forth by the Civil Aviation Safety Authority (CASA). It is important to note that this approval modifies the flow rate requirements for these specific oxygen dispensing units compared to the general standards, reflecting the different physiological requirements for nasal cannula units versus those covering both nose and mouth. Additionally, this approval, being a prescribed direction or exemption, is subject to disallowance under regulation 5A and has been tabled accordingly.
Key Provisions
The Civil Aviation Regulations 1988 under subregulation 207(2) mandate that an Australian aircraft must be equipped with approved instruments and equipment before it can be used in any class of operations (Section 98). Specifically, for aircraft like VH-CAV, this includes the installation of oxygen storage and dispensing equipment as per section 20.4 of the Orders (Paragraph 3.1). This equipment must also meet certain oxygen flow rate requirements, as outlined in section 108.26 (Paragraph 3.2). This particular approval allows the use of nasal cannula type individual oxygen dispensing units, provided they meet the specified flow rate criteria, which vary depending on altitude (Paragraph 3.1, 3.2). At altitudes up to 18,000 feet, the flow rate must be at least 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet. Above 18,000 feet, only units designed for both nose and mouth can be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units (Paragraph 5.1.2).
The obligations imposed by this approval require that the specified oxygen dispensing units are installed and operationally checked to ensure compliance with the stipulated flow rates. Operators must ensure that the equipment is correctly calibrated and maintained, and that they adhere to the specified ratios and flow rates as per the altitude of operation. This involves regular inspections and possibly pre-flight checks to confirm that the equipment is functioning correctly and meets the regulatory standards. Additionally, operators must ensure that they are aware of the transition requirements at 18,000 feet, ensuring that appropriate oxygen dispensing units are used and that the necessary ratios are maintained.
Failure to comply with these requirements can result in serious consequences. Under the Civil Aviation Regulations 1988, breaches may lead to enforcement actions by the Civil Aviation Safety Authority (CASA). The penalties for non-compliance can include fines, suspension or revocation of aircraft operation permits, and potential criminal charges if the breach results in safety hazards. Specifically, the maximum penalties for such offences can vary, but they can include significant financial penalties as well as potential imprisonment, depending on the severity and impact of the breach on aviation safety. CASA retains the authority to disallow the approval if it is deemed non-compliant with overarching aviation safety standards, further underscoring the importance of strict adherence to these regulations.