CASA 551/04 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted in 1988, provide the framework for the regulation of civil aviation in Australia, empowering the Governor-General to make regulations as necessary. The Civil Aviation Orders (the Orders) are integral to these regulations, stipulating various operational and safety requirements for aircraft. This particular approval under subregulation 207(2) addresses a specific need for the use of nasal cannula type individual oxygen dispensing units on aircraft VH-CBK, ensuring compliance with safety standards set forth by the Civil Aviation Safety Authority (CASA). The approval permits the use of these units, which must meet certain flow rate specifications based on altitude, while ensuring that the requirements for other oxygen dispensing units remain unaffected. This regulatory measure ensures that aircraft operations adhere to the necessary safety protocols while accommodating specific operational needs.

Scope and Application

The Civil Aviation Regulations 1988, under subregulation 207(2) of the Civil Aviation Orders, mandates that Australian aircraft must be equipped with specific instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This regulation applies to all aircraft operating within Australian airspace, ensuring compliance with safety standards. This approval specifically pertains to aircraft VH-CBK, allowing it to use a particular make of nasal cannula type individual oxygen dispensing units, provided these units meet the stipulated flow rate requirements. This approval allows a variation in the minimum flow rate for nasal cannula units compared to other oxygen equipment used by flight crew members, acknowledging the different oxygen delivery mechanisms. The approval also ensures compliance with the requirement that above 18,000 feet, only units designed to cover both nose and mouth can be used and must be supplied in a specific ratio. This approval is a prescribed direction or exemption under regulation 5A, which affects the operation of an Order and is tabled as a disallowable instrument. It comes into effect upon gazettal and has been issued by a delegate of CASA in accordance with regulation 7 of the Civil Aviation Regulations 1988.

Key Provisions

Section 98 of the Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations. The Civil Aviation Regulations 1988 (CAR 1988) specify that Australian aircraft must be fitted with approved instruments and equipment to operate (subregulation 207(2)). This requirement extends to the storage and installation of oxygen and dispensing equipment on aircraft, as detailed in the Civil Aviation Orders (the Orders). Specifically, paragraph 3.1 of section 20.4 of the Orders mandates that oxygen must be stored and the necessary equipment installed according to section 108.26 of the Orders, with paragraph 3.2 further stipulating the minimum oxygen flow rates. The approval under subregulation 207(2) of the CAR 1988 permits aircraft VH-CBK to use a specific type of nasal cannula 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 a maximum of 18,000 feet, which is the highest altitude permitted for these units under section 108.26. Nasal cannula units supply oxygen through the nose only. Above 18,000 feet, units covering both the nose and mouth are required and must be supplied in a ratio of one unit for every 15 oxygen dispensing units installed. This requirement remains unchanged under the approval. Entities and individuals governed by this legislation must ensure that aircraft comply with the specified flow rates and types of oxygen dispensing units. This involves fitting the aircraft with the approved nasal cannula units for altitudes up to 18,000 feet and ensuring the correct ratio of units covering both the nose and mouth above this altitude. The approval specifies that the flow rate for nasal cannula units differs from that required for flight crew members, acknowledging that nasal cannula units deliver oxygen directly to the lungs, necessitating a lower flow rate to achieve the same oxygen level in the blood. Breaching these requirements can result in civil or criminal consequences. The approval is classified as a "prescribed direction or exemption" under regulation 5A of CAR 1988, which means it is a disallowable instrument. This implies that if the approval is not adhered to, it could lead to legal actions against the operators. The maximum penalties for such breaches are not explicitly stated in the provided text but generally could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the courts. The approval has been issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with regulation 7 of CAR 1988 and comes into operation upon gazettal.