CASA 847/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Orders Approval under subregulation 207(2) of the Civil Aviation Regulations 1988 addresses the specific requirements for oxygen dispensing units on Australian aircraft. Enacted by the Governor-General under the authority of the Civil Aviation Act 1988, this regulation ensures that aircraft meet stringent safety standards, particularly concerning oxygen supply for passengers and crew at various altitudes. The policy objective is to provide a safe and regulated environment for aviation operations by ensuring that all aircraft are equipped with approved oxygen dispensing units that comply with CASA's specifications. The approval allows for the use of a particular make of nasal cannula type oxygen dispensing units on the aircraft VH-DWW, specifying a minimum flow rate that ensures adequate oxygen supply at different altitudes, thereby aligning with the safety directives outlined in section 108.26 of the Orders.

Scope and Application

This approval under subregulation 207(2) of the Civil Aviation Regulations 1988 pertains specifically to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-DWW. These units are approved for use up to an altitude of 18,000 feet, where they must deliver a flow rate of at least 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet. The regulation is designed to ensure that the oxygen dispensing units provide an adequate level of oxygen to passengers and crew, considering the physiological effects of varying altitudes on oxygen absorption. This approval aligns with the broader requirements outlined in section 108.26 of the Civil Aviation Orders, which mandates the installation and operation of oxygen systems in compliance with safety standards. Notably, the specified flow rate for nasal cannula units differs from that required for units designed for both nose and mouth, which must adhere to the standards set out in paragraph 6.1 of section 108.26. This distinction acknowledges the differing physiological requirements for nasal versus combined nasal and mouth oxygen delivery. The approval, issued by a delegate of the Civil Aviation Safety Authority, has been tabled as a disallowable instrument under regulation 5A, indicating its formal legislative scrutiny and oversight.

Key Provisions

The Civil Aviation Order 20.4, as amended, sets out specific requirements for the oxygen dispensing and control equipment on aircraft, which are enforced through subregulation 207(2) of the Civil Aviation Regulations 1988 (paragraphs 20.4.3.1 and 20.4.3.2). These regulations mandate that all Australian aircraft must be equipped with oxygen storage and dispensing equipment that meets CASA’s approval or directives. For the aircraft VH-DWW, this approval specifies the use of a particular type of nasal cannula oxygen dispensing unit with flow rates that increase incrementally with altitude up to 18,000 feet, aligning with section 108.26 of the Orders. This type of unit delivers oxygen directly to the lungs through the nose, justifying a lower flow rate compared to units covering both nose and mouth. Aircraft operators are required to adhere to these specifications to ensure compliance with the Civil Aviation Safety Authority’s directives. Specifically, the nasal cannula 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 up to 18,000 feet. Above this altitude, only units designed to cover both the nose and mouth are permissible. These latter units must be supplied in a ratio of one for every 15 oxygen dispensing units installed, as outlined in paragraph 5.1.2 of section 108.26. This regulation ensures that the aircraft’s oxygen equipment meets safety standards and provides adequate oxygen supply to all passengers and crew. Failure to comply with these regulations may result in serious consequences. Under regulation 5A, any prescribed direction or exemption affecting the operation of something in an Order is considered a disallowable instrument, meaning it can be disallowed by Parliament. This particular approval, which specifies a different minimum flow rate for nasal cannula units compared to the flow rate for units covering both the nose and mouth, is a prescribed direction or exemption. As such, it has been tabled as a disallowable instrument, subject to parliamentary review and potential disallowance. Additionally, any breach of these regulations may incur penalties as outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with potential civil or criminal consequences depending on the severity of the breach.