EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
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 1988 (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.
Paragraph 3.1 of section 20.4 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-TYE 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 Regulations 1988, enacted by the Parliament of Australia, were introduced to regulate the operation of aircraft in Australia in order to ensure safety and efficiency. A specific concern addressed by these regulations is the mandatory fitting of instruments and equipment on aircraft, as outlined in subregulation 207(2) of the Civil Aviation Regulations 1988, which empowers the Civil Aviation Safety Authority (CASA) to approve or direct the use of such equipment. This authority is exercised to ensure that all aircraft meet the necessary safety standards before being used in any class of operations. The approval under subregulation 207(2), which permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-TYE, exemplifies CASA's role in specifying equipment requirements to meet safety standards. This approval, which allows for a specific flow rate of oxygen, was issued by a delegate of CASA in accordance with the Regulations and has been tabled as a disallowable instrument under regulation 5A.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of Section 98 of the Civil Aviation Act 1988, govern the operational requirements of Australian aircraft, ensuring they are equipped appropriately for specific classes of operations as approved or directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) applies to aircraft VH-TYE, allowing the use of a specific make of nasal cannula type individual oxygen dispensing units that meet certain flow rate criteria. 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, beyond which only units designed for both nose and mouth can be used. Furthermore, this approval also outlines the ratio in which these units must be supplied on the aircraft. The approval has been tabled as a disallowable instrument under regulation 5A, and it came into effect upon gazettal, issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Key Provisions
The Civil Aviation Regulations 1988 under subregulation 207(2) specify that Australian aircraft must comply with certain equipment and instrumentation requirements to operate. Specifically, section 108.26 of the Civil Aviation Orders mandates that oxygen equipment must be installed and stored in accordance with certain specifications (section 108.26(1)). This includes ensuring that the minimum oxygen flow rates are met, which varies depending on the altitude at which the aircraft operates. For aircraft operating up to an altitude of 18,000 feet, the flow rate must be at least 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet of altitude gain (section 108.26(3.2)). For operations above 18,000 feet, only equipment that covers 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 (section 108.26(5.1.2)).
The approval under subregulation 207(2) specifically permits the use of nasal cannula type individual oxygen dispensing units on aircraft VH-TYE, provided these units meet the specified flow rate criteria. This approval allows these units to operate at a lower flow rate than the units used by flight crew members, as the nasal cannula type units deliver oxygen more directly to the lungs. This lower flow rate is considered sufficient to maintain the required oxygen levels in the blood. Additionally, the approval stipulates that the flow rate specified in section 108.26(6.1) continues to apply to units designed for the nose and mouth installed in the same aircraft.
Entities and parties governed by these regulations must ensure that their aircraft comply with the approved specifications and that the appropriate oxygen equipment is installed and operational. This includes verifying that the oxygen dispensing units meet the flow rate requirements specified in the approval, particularly for altitudes up to 18,000 feet, and ensuring that the ratio of nose and mouth covering units is maintained as required. Failure to adhere to these requirements can result in the aircraft being deemed unfit for operation, potentially leading to civil or criminal consequences.
For breaches of these regulations, the Civil Aviation Regulations 1988 outline various penalties. The severity of the penalty can depend on the nature and extent of the breach. Regulatory breaches can lead to fines, with specific maximum penalties outlined in the regulations. Additionally, more serious violations may result in criminal charges, leading to further penalties including imprisonment. The specific consequences and penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and associated regulations, ensuring that entities and individuals are aware of the legal ramifications of non-compliance.