CASA 458/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, aim to ensure that civil aviation operations in Australia meet safety and operational standards. This legislation was introduced to address the need for precise regulation of aircraft operations to maintain high safety standards in the aviation industry. One of the key provisions of the Civil Aviation Regulations 1988 is subregulation 207(2), which mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before being used in any class of operations. An example of this regulatory oversight is seen in the approval under subregulation 207(2) for the use of specific nasal cannula type individual oxygen dispensing units on aircraft VH-NPA. This approval ensures that these units meet CASA's standards in terms of oxygen flow rates and equipment specifications, addressing specific safety concerns related to oxygen supply at various altitudes. The approval also aligns with other provisions in the Civil Aviation Orders, ensuring consistency and compliance with overall safety directives.

Scope and Application

The Civil Aviation Regulations 1988, specifically under subregulation 207(2), mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. This approval pertains to aircraft VH-NPA, allowing the use of a particular make of nasal cannula type individual oxygen dispensing units, subject to specific conditions regarding flow rates and altitude limitations. This requirement aligns with the provisions in section 108.26 of the Civil Aviation Orders, which dictate that oxygen must be stored and dispensing and control equipment must be installed according to specified standards. The approval specifies that these nasal cannula type units must have a flow rate of at least 0.3 litres per minute, increasing incrementally by 0.1 litres per minute for every 2,000 feet up to a maximum altitude of 18,000 feet, beyond which only units designed for both nose and mouth oxygen supply can be used. This approval, which differs from the flow rate requirements for flight crew members' oxygen equipment, was issued by a CASA delegate and has been tabled as 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, mandate that Australian aircraft must be equipped with approved instruments and equipment before being used in any operations (sections 20.4, 108.26). Specifically, the approval allows aircraft VH-NPA to use a particular type of nasal cannula oxygen dispensing units, provided these units have a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet (section 108.26, paragraph 3.1). For altitudes above 18,000 feet, units must cover both the nose and mouth, with a ratio of one such unit for every 15 units installed (section 108.26, paragraph 5.1.2). The approval clarifies that the lower flow rate for nasal cannula units is sufficient because they deliver oxygen directly to the lungs, which means a lesser flow rate achieves the same oxygen level in the blood compared to the flow rate specified for units covering both the nose and mouth (section 108.26, paragraph 6.1). Entities governed by these regulations must ensure that their aircraft meet these specifications. Aircraft operators must confirm that the approved oxygen dispensing units are installed correctly and that the required ratios are maintained, particularly at altitudes above 18,000 feet. Compliance with the specified flow rates and unit ratios is mandatory, and any modifications to the aircraft's oxygen equipment must adhere to these guidelines. The Civil Aviation Safety Authority (CASA) issues these approvals and enforces compliance through regular inspections and audits to ensure that aircraft operations meet safety standards. Failure to comply with these provisions can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and potential grounding of the aircraft. Additionally, criminal charges may be brought against individuals or entities responsible for the non-compliance, resulting in fines or imprisonment. The exact penalties depend on the severity of the breach and are determined by the relevant courts. CASA has the authority to take enforcement actions, including the issuance of directives or orders to correct non-compliance, ensuring that all aircraft meet the required safety standards.