CASA 72/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aim to ensure the safety of civil aviation operations within Australia. The Civil Aviation Orders, a component of these regulations, mandate that Australian aircraft must be equipped with approved instruments and equipment to meet specific operational standards. The approval under subregulation 207(2) addresses the specific need for certain types of oxygen dispensing units on aircraft, ensuring compliance with safety standards. The Civil Aviation Safety Authority (CASA) issued this approval to allow the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-JGD, aligning with the requirements of section 108.26 of the Orders. This approval specifies the flow rates of these units, which differ from those for equipment used by flight crew members, reflecting the physiological differences in oxygen absorption. The approval ensures that the aircraft can operate safely while adhering to the regulatory framework designed to protect passengers and crew in various operational scenarios.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, apply to all aircraft registered in Australia, ensuring they meet specific safety standards before being used in any class of operations. The regulation in question, subregulation 207(2), mandates that aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This particular approval pertains to aircraft VH-JGD, allowing it to operate with a specific make of nasal cannula type individual oxygen dispensing units, which 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 an altitude of 18,000 feet. This approval recognises that nasal cannula type units, supplying oxygen directly to the lungs through the nose, can achieve the same oxygen levels in the blood at a lower flow rate compared to units used by flight crew members. Notably, this approval also reiterates the requirement that above 18,000 feet, only units designed to cover both the nose and mouth can be used, in a ratio of 1 for every 15 oxygen dispensing units installed. The approval was issued by a delegate of CASA and has been tabled as a disallowable instrument under regulation 5A, becoming effective upon gazettal.

Key Provisions

The main operative sections of the approval under subregulation 207(2) of the Civil Aviation Regulations 1988 focus on the requirements for aircraft operations in terms of approved instruments and equipment. Specifically, section 98 of the Civil Aviation Act 1988 mandates that an Australian aircraft cannot be used in any class of operations unless it is equipped with approved instruments and equipment, as per the approval or direction from the Civil Aviation Safety Authority (CASA). Paragraphs 3.1 and 3.2 of section 20.4 further specify that oxygen must be stored and the dispensing and control equipment must be installed in accordance with section 108.26 of the Orders, with minimum rates of oxygen flow also governed by section 108.26. This particular approval allows aircraft VH-JGD to use a specific type of nasal cannula oxygen dispensing units, which must meet certain flow rate criteria. The obligations and requirements imposed by this approval on the parties it governs are quite detailed. Firstly, aircraft operators must ensure that their aircraft are fitted with oxygen dispensing and control equipment in compliance with the approval. For aircraft operating at altitudes up to 18,000 feet, the nasal cannula type oxygen dispensing 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. This flow rate is tailored specifically for the nasal cannula type units as they deliver oxygen directly to the lungs through the nose. Moreover, for altitudes above 18,000 feet, only units designed to cover both the nose and mouth can be used, and they must be supplied in a ratio of one unit for every 15 oxygen dispensing units installed in the aircraft. These requirements ensure the safety and efficiency of oxygen supply at different altitudes. The consequences for breaching the provisions of this approval are significant. Under regulation 5A of the Civil Aviation Regulations 1988, any prescribed direction or exemption that affects the operation of an Order is considered a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate, thereby qualifying as a prescribed direction or exemption. Such instruments can be disallowed by the relevant parliamentary committee, and failure to comply with the approval's requirements could lead to regulatory action against the aircraft operator. Additionally, the approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations, ensuring that it is legally binding and enforceable. In terms of penalties, the exact penalties for breach of this approval are not explicitly stated in the explanatory statement. However, general aviation regulations often include substantial penalties for non-compliance, which can include fines, suspension of aircraft operation permits, or even criminal charges in severe cases. The enforcement of these penalties would be overseen by CASA, which has the authority to take regulatory action against non-compliant aircraft operators to ensure adherence to safety standards.