CASA 540/00 - Approval under subregulation 207(2)

Overview

The Civil Aviation Orders Approval under subregulation 207(2) pertains to the Civil Aviation Regulations 1988, which were enacted to establish a comprehensive regulatory framework for civil aviation in Australia. The 1988 Act was introduced to address the need for stringent and coordinated aviation regulations to ensure safety, efficiency, and compliance within the sector. This particular approval was issued by a delegate of the Civil Aviation Safety Authority (CASA) under the authority conferred by section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. The policy objective of this approval is to allow specific aircraft, such as VH-STT, to operate with particular nasal cannula type individual oxygen dispensing units, ensuring compliance with safety standards while accommodating the unique physiological requirements of such units. This approval has been tabled as a disallowable instrument, as it constitutes a prescribed direction or exemption affecting the operation of an Order.

Scope and Application

The Civil Aviation Regulations 1988, specifically under subregulation 207(2), mandates that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) before being used in any class of operations. This regulation applies to aircraft registered in Australia and ensures that they meet specific safety standards. The approval under subregulation 207(2) pertains to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-STT. 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 18,000 feet, the maximum altitude for such units' use as per section 108.26 of the Orders. This approval specifies a different minimum flow rate for these nasal cannula type units compared to those used by flight crew members, reflecting their direct supply of oxygen to the lungs through the nose. The approval also confirms that the flow rate specified for units covering both nose and mouth continues to apply and must be supplied in a ratio of one for every 15 oxygen dispensing units installed on the aircraft. This regulation extends across the Commonwealth and is subject to disallowance as a prescribed direction or exemption under regulation 5A of the Regulations.

Key Provisions

The Civil Aviation Order 20.4, section 108.26, is one of the primary sections under discussion in this explanatory statement. Section 108.26 provides the requirements for oxygen storage, dispensing and control equipment, and the minimum flow rates for oxygen on an aircraft. Specifically, paragraph 3.1 of section 108.26 stipulates that oxygen must be stored and that the dispensing and control equipment must be installed in accordance with the regulations. Paragraph 3.2 further specifies the minimum rates of oxygen flow that must be adhered to on an aircraft. Aircraft operators must ensure that their aircraft comply with these provisions, particularly when operating in the designated altitudes. For instance, at altitudes up to 18,000 feet, nasal cannula type individual oxygen dispensing units must be used with a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet. Above 18,000 feet, only units designed to cover both the nose and mouth are permissible, and these must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. This approval specifies a different flow rate for nasal cannula type units, acknowledging that a lesser flow rate achieves the same oxygen level in the blood compared to the flow rate specified for flight crew members. Furthermore, the approval maintains the existing requirement for units covering both the nose and mouth. The obligations imposed on aircraft operators under this regulation are significant. They must ensure that their aircraft are equipped with the appropriate oxygen dispensing units that meet the specified flow rates and ratios. Additionally, operators must be aware of the altitude restrictions and ensure compliance with the equipment requirements accordingly. These obligations are critical for ensuring the safety of all passengers and crew on board. Non-compliance with these regulations can result in serious consequences. The Civil Aviation Act 1988, section 98, empowers the Governor-General to make regulations, and any breach of these regulations could lead to enforcement actions by the Civil Aviation Safety Authority (CASA). Under the Civil Aviation Regulations 1988, any aircraft found to be non-compliant with the specified requirements could be grounded, and operators could face fines or other penalties. In severe cases, criminal charges could be brought against individuals responsible for the non-compliance, potentially leading to imprisonment. The approval, as a disallowable instrument, has been tabled to ensure that any changes to the regulations are subject to parliamentary scrutiny.