CASA 50/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Orders Approval under subregulation 207(2) of the Civil Aviation Regulations 1988 was enacted to provide specific approval for the use of certain types of oxygen dispensing units on aircraft, addressing a regulatory gap concerning the operational requirements for these units under existing aviation safety regulations. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, and in this instance, the Civil Aviation Safety Authority (CASA) issued this approval to ensure compliance with safety standards. The primary policy objective is to maintain a safe operational environment for aircraft by ensuring that all oxygen dispensing units meet the necessary safety and efficacy requirements, particularly in varying altitude conditions. This approval permits the use of specific nasal cannula type oxygen dispensing units on aircraft VH-WSY, with a flow rate that differs from those required for flight crew members, reflecting the physiological differences in oxygen delivery and absorption for passengers.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to the aircraft VH-WSY, ensuring compliance with safety regulations mandated by the Civil Aviation Safety Authority (CASA). The approval permits the use of a particular make of nasal cannula type individual oxygen dispensing units on this aircraft, subject to specific conditions. These units must have a minimum oxygen flow rate of 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet of altitude up to a maximum of 18,000 feet. This differs from the flow rate for oxygen equipment used by flight crew members, which is specified in paragraph 6.1 of section 108.26. The approval also stipulates that above 18,000 feet, only units designed to cover both the nose and mouth should be used, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. This approval affects the operation of paragraph 6.1 of section 108.26 and is considered a disallowable instrument under regulation 5A, having been tabled accordingly. It was issued by a delegate of CASA in accordance with regulation 7 of the Regulations and came into effect upon gazettal.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 207(2), mandate 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 (s.98). Specifically, paragraph 3.1 of section 20.4 of the Civil Aviation Orders (Orders) requires oxygen to be stored and appropriate dispensing and control equipment to be installed in accordance with section 108.26. Similarly, paragraph 3.2 specifies that the minimum rates of oxygen flow on an aircraft must comply with section 108.26. This legislative framework ensures that aircraft maintain safety standards in their operations. This approval, under subregulation 207(2), allows aircraft VH-WSY to use a specific make 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 litre per minute for every 2,000 feet up to a maximum altitude of 18,000 feet, as per section 108.26. These units provide oxygen through the nose only and are suitable for use up to 18,000 feet. Above this altitude, units designed to cover both the nose and mouth must be used, with a ratio of 1 per every 15 oxygen dispensing units installed, as specified in paragraph 5.1.2 of section 108.26. This requirement remains in effect as stated in the approval. The minimum flow rate specified in this approval differs from the rate set out in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units deliver oxygen directly to the lungs through the nose, a lower flow rate achieves the same oxygen level in the blood as the higher rate specified for crew members. The approval also clarifies that the flow rate specified in paragraph 6.1 continues to apply to units designed for both the nose and mouth that are installed on the same aircraft. Regulation 5A of the Civil Aviation Regulations 1988 identifies a “prescribed direction or exemption” that impacts the operation of anything in an Order as a disallowable instrument. This approval specifies a different minimum flow rate for oxygen equipment, classifying it as a prescribed direction or exemption as defined in regulation 5A. Consequently, it has been tabled as a disallowable instrument. The approval became effective upon gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations. Under this legislation, any breach of the specified requirements or failure to comply with the CASA-approved standards can lead to significant legal consequences. This includes potential fines, sanctions, or other penalties that may be imposed by CASA. The maximum penalties for non-compliance with Civil Aviation Regulations 1988 and related Orders can vary, but they are designed to ensure stringent adherence to safety standards and the protection of all persons involved in aviation activities.