CASA 452/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulatory oversight of civil aviation in Australia, addressing the need for stringent safety standards and operational protocols. Under the authority conferred by section 98 of the Civil Aviation Act 1988, the Governor-General has the power to issue regulations necessary for the regulation and control of civil aviation. Subregulation 207(2) of the Civil Aviation Regulations 1988 specifically mandates that Australian aircraft must be equipped with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) allows the aircraft VH-LJT to use a specific type of nasal cannula for oxygen dispensing units, subject to certain conditions on flow rates and installation ratios, thereby ensuring compliance with safety standards while accommodating the unique needs of this type of equipment. This regulatory measure ensures that the aircraft can safely operate within the specified parameters, reflecting a balance between operational flexibility and stringent safety requirements.

Scope and Application

The Civil Aviation Orders Approval under subregulation 207(2) applies to aircraft registered in Australia, specifically to the aircraft identified as VH-LJT, allowing it to use a particular make of nasal cannula type individual oxygen dispensing units as per the specifications provided. The approval ensures that these units adhere to the regulatory standards set out in section 108.26, including the specified flow rates and installation ratios. This approval is within the jurisdictional reach of the Civil Aviation Regulations 1988, administered by the Civil Aviation Safety Authority (CASA). The geographic scope of the approval is inherently national, as CASA is a Commonwealth authority. The approval is specific to the operation of the aircraft in question and does not extend to other aircraft unless similarly approved. Any deviation from the approved specifications would require further authorisation from CASA. The approval affects the operation of the specified section of the Civil Aviation Orders and is considered a disallowable instrument under regulation 5A of the Regulations.

Key Provisions

The Civil Aviation Orders under subregulation 207(2) of the Civil Aviation Regulations 1988 stipulate that an Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). Specifically, section 108.26 of the Orders mandates that oxygen must be stored and that dispensing and control equipment must be installed and operational on the aircraft, as per section 20.4. Additionally, paragraph 3.2 of section 20.4 requires the minimum rates of oxygen flow to also comply with section 108.26. The approval under subregulation 207(2) allows the use of a specific make of nasal cannula type individual oxygen dispensing units on aircraft VH-LJT, provided these units meet the specified flow rates. These units must have a flow rate of at least 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to a maximum altitude of 18,000 feet. Above this altitude, only units designed to cover both the nose and mouth can be used, and they must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. The flow rate specified for these nasal cannula units differs from that required for units used by flight crew members, but because nasal cannula units deliver oxygen directly to the lungs through the nose, a lower flow rate achieves the same oxygen level in the blood. Under regulation 5A, the approval is considered a "prescribed direction or exemption" as it affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate for the oxygen dispensing units. Such directions or exemptions are disallowable instruments, meaning they can be subject to disallowance by Parliament. Consequently, this approval has been tabled as a disallowable instrument. The approval came into effect upon its gazettal and was issued by a delegate of CASA in compliance with regulation 7 of the Regulations. The Civil Aviation Orders impose specific obligations on the parties and entities they govern. Aircraft operators must ensure that their aircraft are equipped with CASA-approved instruments and equipment, specifically in accordance with section 108.26 of the Orders. This includes the installation of oxygen storage and dispensing equipment as stipulated, and maintaining the correct flow rates for these systems. For aircraft fitted with nasal cannula type oxygen dispensing units, operators must adhere to the specified flow rate and ensure that the units are operational up to the maximum permitted altitude. Furthermore, if units designed to cover both the nose and mouth are used, the correct ratio must be maintained. Failure to comply with these requirements could result in the aircraft being deemed unfit for operation and may lead to enforcement actions by CASA. The Civil Aviation Orders also establish consequences for non-compliance with the specified requirements. If an aircraft operator fails to meet the obligations set forth in the Orders, CASA may take enforcement action. This could include issuing a compliance order, imposing fines, or even grounding the aircraft. Under the Civil Aviation Act 1988, penalties for serious breaches can be severe, including substantial fines and potential imprisonment for individuals found guilty of offences. The specific penalties depend on the nature and severity of the breach, with maximum penalties clearly outlined in the Act to ensure accountability and adherence to safety standards.