EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
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 (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.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 3.1 of section 20.18 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-CAH 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 .3 litre per minute increasing by.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 (Airworthiness) Regulations 1998 were enacted to ensure the safety of aircraft by setting out the standards and requirements for the airworthiness of Australian aircraft. The regulations empower the Civil Aviation Safety Authority (CASA) to approve or direct the fitting of instruments and equipment necessary for the safe operation of aircraft. The specific approval discussed here, issued under subregulation 207(2) of the Civil Aviation Regulations, allows the aircraft VH-CAH to operate with a particular make of nasal cannula type individual oxygen dispensing units, provided they meet the specified flow rate requirements. This approval acknowledges that while the minimum flow rate for these nasal cannula units is different from that required for oxygen equipment used by flight crew members, it achieves the same oxygen delivery to the blood. This approval has been tabled as a disallowable instrument in accordance with regulation 5A and was issued by a delegate of CASA as per regulation 7 of the Regulations.
Scope and Application
This legislation, outlined in the Civil Aviation Regulations and Civil Aviation Orders, pertains to the specific requirements for instruments and equipment on Australian aircraft, ensuring compliance with safety standards set by the Civil Aviation Safety Authority (CASA). It applies to Australian aircraft used in various classes of operations, requiring compliance with CASA’s approval or directions regarding the installation and carriage of necessary equipment. The approval under subregulation 207(2) allows certain aircraft, like VH-CAH, to use particular nasal cannula type individual oxygen dispensing units that meet specified flow rates, contingent on altitude restrictions. This approval modifies the minimum flow rate for these units compared to those used by flight crew, reflecting the different physiological requirements for passengers. The regulation operates nationally and is enforceable under the Civil Aviation Act 1988. Notably, the approval is subject to disallowance under regulation 5A, indicating its status as a prescribed direction or exemption.
Key Provisions
The key provision of the Civil Aviation Regulations and Orders, as outlined in the Explanatory Statement, revolves around the approval under subregulation 207(2) of the Civil Aviation Regulations, which is necessary for the operation of certain types of aircraft. Specifically, Section 98 of the Civil Aviation Act 1988 allows for the Governor-General to make regulations regarding the use of Australian aircraft. Subregulation 207(2) mandates that such aircraft must be fitted with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). The Orders, particularly Section 20.18, detail the specific requirements for oxygen dispensing and control equipment, including storage and flow rates, in line with section 108.26 of the Orders.
This particular approval allows aircraft VH-CAH to use a specific make of nasal cannula type individual oxygen dispensing units, which must meet certain specifications. The nasal cannula type units, which supply oxygen through the nose, 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 of altitude up to 18,000 feet, the maximum permitted altitude for such units. This requirement aligns with the provisions set out in paragraph 3.1 and 3.2 of section 20.18. Furthermore, for altitudes above 18,000 feet, only units designed to cover both the nose and mouth can be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed on the aircraft, as stipulated in paragraph 5.1.2 of section 108.26.
The obligations imposed by this Act require aircraft operators to ensure that their aircraft are equipped with the correct type of oxygen dispensing units that comply with the flow rates and installation ratios specified. They must also ensure that the equipment is approved by CASA and adheres to the regulations detailed in section 108.26. Failure to comply with these requirements could result in the aircraft being non-compliant with the Civil Aviation Regulations, which could potentially lead to operational restrictions or prohibitions.
In terms of consequences for non-compliance, the Explanatory Statement notes that any prescribed direction or exemption that affects the operation of something in an Order is a disallowable instrument under regulation 5A. The approval in question is classified as such an instrument because it specifies a different minimum flow rate from that set out in paragraph 6.1 of section 108.26. This disallowable instrument has been tabled and thus can be subject to disallowance. Additionally, any breach of these regulations may result in penalties as prescribed under the Civil Aviation Act 1988, although specific penalties are not detailed in this Explanatory Statement.