CASA 79/98 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1998, enacted by the Australian Parliament, provide the framework for ensuring the safety and efficiency of civil aviation within Australia. One of the key provisions of these regulations is the requirement for Australian aircraft to be equipped with approved instruments and equipment before they can operate. Specifically, Subregulation 207(2) mandates that an Australian aircraft must be fitted with instruments and equipment as approved or directed by the Civil Aviation Safety Authority (CASA). The Civil Aviation Orders further detail the specific instruments and equipment required for different classes of aircraft operations, including oxygen dispensing units for passenger safety at high altitudes. The approval under subregulation 207(2) allows certain aircraft to use a particular make of nasal cannula type individual oxygen dispensing units, ensuring compliance with safety standards while accommodating the unique physiological requirements of such units. This legislative framework aims to maintain the highest safety standards in Australia’s aviation sector by ensuring that all aircraft meet stringent regulatory requirements.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations is specifically directed at the use of nasal cannula type individual oxygen dispensing units on aircraft VH-TRY, applying to these units' operational specifications within the designated altitude range. This regulatory framework applies to aircraft operations governed by the Civil Aviation Safety Authority (CASA) and is integral to ensuring compliance with safety standards as outlined in the Civil Aviation Orders. The approval permits the specified aircraft to operate with a particular make of nasal cannula type oxygen dispensing units, provided these units meet the required flow rates and installation ratios. This regulatory action is a disallowable instrument under regulation 5A, meaning its effectiveness can be challenged through disallowance procedures. The approval, which came into operation upon gazettal, mandates that nasal cannula type units must have a flow rate of at least 0.3 litres per minute, increasing incrementally with altitude up to 18,000 feet, beyond which only units designed for nose and mouth use are permissible. This approval also clarifies that the specified flow rate for nasal cannula units differs from that required for oxygen equipment used by flight crew members, reflecting the different oxygen delivery needs of passengers versus crew. The approval was issued by a delegate of CASA in accordance with regulation 7 of the Civil Aviation Regulations, ensuring that the operational requirements and safety standards are met as per the legislative framework.

Key Provisions

The key provision of the legislation is subregulation 207(2) of the Civil Aviation Regulations, which mandates that an Australian aircraft must not be used in any class of operations unless it is fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by CASA. Section 20.18 of the Civil Aviation Orders specifies the particular instruments and equipment required for aircraft engaged in certain classes of operations. This particular approval under subregulation 207(2) permits aircraft VH-TRY to operate with a specific make of nasal cannula type individual oxygen dispensing units (section 20.18, paragraph 3.1). The approval allows these units, which have a flow rate of not less than 0.3 litres per minute increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, to be used on the aircraft. This flow rate differs from that specified for oxygen equipment used by flight crew members (section 108.26, paragraph 6.1), as nasal cannula type units supply oxygen directly to the lungs through the nose, and a lesser flow rate achieves the same level of oxygen in the blood. Entities governed by this Act must ensure that their aircraft comply with the specific requirements outlined in the approval. This involves verifying that the approved make of nasal cannula type individual oxygen dispensing units is installed and operational on the aircraft. Additionally, it is imperative that the units meet the specified flow rate criteria and are used in accordance with the altitude limitations set out in the approval. This requirement extends to ensuring that the ratio of units designed to cover both the nose and mouth is maintained at 1 for every 15 oxygen dispensing units installed, as stipulated in paragraph 5.1.2 of section 108.26. Compliance with these provisions is necessary to ensure the safety and airworthiness of the aircraft. Failure to comply with the requirements set forth in the approval can lead to significant legal consequences. Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. As the approval specifies a different minimum flow rate and affects the operation of paragraph 6.1 of section 108.26, it qualifies as a prescribed direction or exemption. Consequently, it has been tabled as a disallowable instrument. Any breach of these requirements may result in enforcement actions being taken against the entity, which could include fines, penalties, or other legal repercussions. The severity of the penalties can vary depending on the nature and extent of the breach, but the maximum penalties are not explicitly stated in the approval.