CASA 460/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulatory oversight of aircraft operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, with subregulation 207(2) stipulating that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to operate in any class of operations. This specific approval under subregulation 207(2) allows the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-LCA, which must meet certain flow rate requirements based on altitude. The approval addresses a regulatory gap by specifying a lower flow rate for nasal cannula units compared to other oxygen equipment, recognising the direct lung oxygenation they provide. This approval is a prescribed direction or exemption under regulation 5A, which has been tabled as a disallowable instrument, and it has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.

Scope and Application

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment for their intended operations. This particular approval, issued under this subregulation, applies to aircraft VH-LCA and concerns the installation and use of nasal cannula type individual oxygen dispensing units. These units must have a flow rate of at least 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, the maximum altitude for such units. The approval specifies that these units, which supply oxygen through the nose only, meet the requirements set forth in section 108.26 of the Civil Aviation Orders. The minimum flow rate for these units differs from that specified for oxygen equipment used by flight crew members, due to the different method of oxygen delivery. The approval also reiterates the requirement that above 18,000 feet, 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. This approval, issued by a delegate of CASA, is a prescribed direction or exemption and has been tabled as a disallowable instrument.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), require that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations (section 98 of the Civil Aviation Act 1988). Specifically, paragraph 3.1 of section 20.4 and paragraph 3.2 mandate that oxygen must be stored and dispensing equipment must be installed and operating in accordance with section 108.26 of the Civil Aviation Orders. This includes setting minimum rates of oxygen flow, which also comply with section 108.26. This particular approval under subregulation 207(2) allows the aircraft VH-LCA to use a particular make of nasal cannula type individual oxygen dispensing units, provided they meet certain specifications. The approved nasal cannula type units must have a flow rate of no less than 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, which is the maximum altitude for the use of these units under section 108.26. These units supply oxygen through the nose only and are permitted for altitudes up to 18,000 feet. Above this altitude, units designed to cover both the nose and mouth must be used. Furthermore, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in a ratio of one for every fifteen oxygen dispensing units installed in the aircraft. The approval specifies that this requirement will continue to apply. The minimum flow rate specified in this approval differs from that in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Due to the direct supply of oxygen to the lungs through the nose, a lower flow rate produces the same level of oxygen in the blood as specified in paragraph 6.1. The approval also stipulates that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth 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, making it a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument. The approval came into operation upon gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations. Failure to comply with the regulations and the conditions specified in the approval may result in severe consequences. Violation of these provisions could lead to both civil and criminal penalties, including fines and potential imprisonment. The exact penalties depend on the specific nature and severity of the breach, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. CASA is empowered to take enforcement actions against non-compliance, which could include grounding the aircraft, imposing fines, or pursuing legal action against the operators or individuals responsible for the breach.