CASA 493/02 - Approval under subregulation 207(2)

Overview

The Civil Aviation Orders Approval under subregulation 207(2) was enacted to address the specific operational requirements of aircraft in terms of oxygen dispensing units. This approval was issued under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations governing civil aviation. The Civil Aviation Orders (the Orders) mandate that certain oxygen equipment must be installed on aircraft, and this particular approval concerns the use of nasal cannula type individual oxygen dispensing units on the aircraft VH-KGL. The policy objective behind this approval is to ensure that the aircraft can safely operate with the specified type of oxygen equipment, maintaining compliance with the Civil Aviation Safety Authority's (CASA) directives and ensuring passenger and crew safety, particularly at higher altitudes. The approval specifies the minimum flow rates and ratios for the oxygen dispensing units, and it has been tabled as a disallowable instrument under regulation 5A.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 pertains specifically to the aircraft VH-KGL, granting it permission to use a particular make of nasal cannula type individual oxygen dispensing units in its operations. This regulation applies to aircraft operating within the national airspace of Australia and is administered by the Civil Aviation Safety Authority (CASA). The approval allows for a different minimum flow rate of oxygen for these specific units compared to the standard flow rate specified for other types of oxygen equipment used by flight crew members, due to the direct delivery of oxygen through the nose. This approval does not alter the requirement for units that cover both the nose and mouth, which must be supplied in a specified ratio on the aircraft and continue to adhere to the standard flow rate. This regulation is part of the broader framework established by the Civil Aviation Orders and is a prescribed direction or exemption, subject to disallowance under regulation 5A of the Regulations. It has been issued by a delegate of CASA and came into operation upon gazettal.

Key Provisions

The primary operative sections of this legislation are section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations, and subregulation 207(2) of the Civil Aviation Regulations 1988, which stipulates that an Australian aircraft cannot be used in any class of operations unless it is equipped with approved instruments and equipment. Paragraph 3.1 of section 20.4 of the Civil Aviation Orders mandates 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, which also specifies the minimum rates of oxygen flow. This approval under subregulation 207(2) permits aircraft VH-KGL to operate with a specific type of nasal cannula type individual oxygen dispensing units. These units must have a minimum flow rate of 0.3 litres per minute at 10,000 feet, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, the maximum altitude for these units. This approval specifies that, for altitudes above 18,000 feet, only units designed to cover both the nose and mouth are permitted, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. This requirement continues to apply as stated in the approval. The specified minimum flow rate differs from the flow rate for oxygen equipment used by flight crew members, as nasal cannula type units deliver oxygen directly to the lungs through the nose, and a lesser flow rate achieves the same level of oxygen in the blood. This legislation imposes several obligations and requirements on the parties it governs. Aircraft operators must ensure that their aircraft are equipped with CASA-approved instruments and equipment. For aircraft operating with nasal cannula type oxygen dispensing units, the specified flow rates must be adhered to, and the appropriate type of unit must be installed depending on the altitude. Additionally, operators must comply with the requirement of supplying units that cover both the nose and mouth in a specific ratio at altitudes above 18,000 feet. Breaching the requirements set out in this legislation may result in civil or criminal consequences. Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval, as a prescribed direction or exemption, has been tabled as a disallowable instrument. The approval specifies a different minimum flow rate and affects the operation of paragraph 6.1 of section 108.26. Consequently, operators who fail to comply with the specified flow rates and equipment requirements may face penalties. Although the specific maximum penalties are not stated in the legislation, non-compliance with Civil Aviation Regulations and Orders can result in significant fines and other civil or criminal consequences.