CASA 459/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, were introduced to establish and maintain safety standards in civil aviation. This legislation addresses the need for stringent regulations to ensure the safe operation of aircraft, particularly in relation to the instruments and equipment required for different classes of operations. One aspect of these regulations involves the approval under subregulation 207(2), which mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This specific approval pertains to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-FML, specifying a different minimum flow rate for these units compared to other oxygen equipment. This measure ensures that the oxygen supply to passengers and crew remains adequate at various altitudes, thereby enhancing safety in civil aviation.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft registered in Australia and the equipment that must be fitted or carried on board. This regulation is concerned with the safety requirements for aircraft used in various classes of operations, ensuring they comply with the Civil Aviation Safety Authority's (CASA) standards. The approval in question permits aircraft VH-FML to operate with a particular make of nasal cannula type individual oxygen dispensing units, subject to specific conditions on flow rates and altitudes. This regulation extends to the entire Commonwealth of Australia and affects both the aircraft and its operational crew. Notably, there are exclusions and conditions; for example, the specified flow rates differ based on the type of oxygen dispensing unit and the altitude at which the aircraft is operating. Additionally, the regulation explicitly outlines that the use of nasal cannula type units is limited to altitudes of up to 18,000 feet, beyond which only units designed to cover both the nose and mouth can be used. The approval also maintains existing requirements for the ratio of certain oxygen dispensing units in the aircraft. This directive is a prescribed direction or exemption as defined in regulation 5A of the Civil Aviation Regulations 1988 and has been tabled as a disallowable instrument.

Key Provisions

The main provisions of this legislation revolve around the Civil Aviation Order 108.26, which specifies the requirements for oxygen dispensing units on aircraft. Section 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. Specifically, section 108.26 of the Orders requires that oxygen equipment on aircraft must be installed in accordance with certain standards, including minimum flow rates. This approval under subregulation 207(2) concerns aircraft VH-FML, allowing it to operate with a particular make of nasal cannula type individual oxygen dispensing units. These units must 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. Nasal cannula units supply oxygen through the nose only, and above 18,000 feet, units that cover both the nose and mouth must be used. The legislation imposes several obligations on the parties it governs. Aircraft owners and operators must ensure that their aircraft are fitted with the approved types of oxygen dispensing units and that these units meet the specified flow rates and installation ratios. Specifically, the nasal cannula units must adhere to the flow rate requirements as outlined in this approval, and units covering both the nose and mouth must be provided in a ratio of one for every 15 oxygen dispensing units installed on the aircraft. The approval also reiterates that the minimum flow rate specified in paragraph 6.1 of section 108.26 applies to units designed to cover the nose and mouth that are installed in the same aircraft. In terms of consequences for non-compliance, any breach of these regulations could lead to significant penalties. Regulation 5A states that a "prescribed direction or exemption" affecting the operation of anything in an Order is a disallowable instrument. This approval constitutes such 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. Consequently, it has been tabled as a disallowable instrument. While the specific penalties for non-compliance with these regulations are not detailed in the Explanatory Statement, breaches of civil aviation regulations generally result in penalties that can include fines and potential grounding of the aircraft until compliance is achieved. Failure to meet these requirements could also lead to more severe consequences, such as grounding or revocation of operational approval.