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.
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-AOV 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, amended by the Civil Aviation Orders, were enacted to establish stringent safety standards for aircraft operations in Australia, ensuring compliance with international safety benchmarks. These regulations, which empower the Governor-General to establish rules under Section 98 of the Civil Aviation Act 1988, mandate that Australian aircraft must be equipped with approved instruments and equipment for safe operation. One such regulation, subregulation 207(2), requires that aircraft must adhere to specific instrument and equipment standards approved or directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) allows certain aircraft, specifically VH-AOV, to use a particular type of nasal cannula oxygen dispensing unit, provided the units meet specified flow rates and other conditions. The approval facilitates the use of these units, which are suitable for altitudes up to 18,000 feet, while ensuring safety and compliance with existing regulations, particularly those concerning the flow rates and installation ratios for oxygen dispensing equipment.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 207(2) of the Civil Aviation Orders, provides specific requirements for the use of instruments and equipment on Australian aircraft engaged in certain classes of operations. This regulation mandates that an Australian aircraft must be equipped with approved instruments and equipment before it can be used in any class of operations. The approval in question allows for the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-AOV, provided that these units meet specific criteria regarding oxygen flow rates. These units must have a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to a maximum altitude of 18,000 feet, beyond which only units designed for both nose and mouth use are permitted. The approval acknowledges that nasal cannula type units, which supply oxygen through the nose only, require a lesser flow rate to achieve the same level of oxygen in the blood compared to units designed for both nose and mouth. This approval also ensures that the requirement for a ratio of 1 unit for every 15 oxygen dispensing units installed, as specified in paragraph 5.1.2 of section 108.26, continues to apply. Furthermore, the approval specifies that the flow rate for flight crew members remains as stated in paragraph 6.1 of section 108.26. This approval, which affects the operation of an Order, is classified as a disallowable instrument under regulation 5A and has been tabled accordingly.
Key Provisions
The key provisions of the Civil Aviation Orders involve specific requirements for aircraft equipment and instruments, particularly in relation to oxygen dispensing units. Section 20.18 of the Orders outlines the instruments and equipment required for Australian aircraft engaged in certain classes of operations, with particular attention to oxygen storage and dispensing systems. The approval under subregulation 207(2) specifies that certain types of nasal cannula oxygen dispensing units, which supply oxygen through the nose only, can be used on aircraft up to an altitude of 18,000 feet, provided they meet the specified flow rates. 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 of altitude. Above 18,000 feet, only units designed to cover both the nose and mouth can be used, and these must be supplied in a specific ratio as per paragraph 5.1.2 of section 108.26.
The obligations imposed by this approval require that the specified types of oxygen dispensing units be used in accordance with the set flow rates and installation ratios. The approval also mandates that the units must be installed and operational in compliance with CASA's directions. Operators of aircraft must ensure that the correct equipment is installed and that it adheres to the specified standards to maintain compliance with the Civil Aviation Orders.
Breaches of these requirements can lead to serious consequences. Under regulation 5A, any prescribed direction or exemption that affects the operation of something in an Order, such as this approval, is considered a disallowable instrument. The approval, which affects the operation of paragraph 6.1 of section 108.26, has been tabled as a disallowable instrument, meaning it can be subject to disallowance by Parliament. Failure to comply with the Civil Aviation Orders can result in penalties, which may include fines or other regulatory actions taken by CASA. The exact penalties can vary, but they are designed to enforce compliance and ensure the safety of aircraft operations.