CASA 862/99 - Approval under subregulation 207(2)

Overview

The Civil Aviation Order 20.4 Approval (Oxygen Equipment for Aircraft VH-SKK) 2023 was enacted to address the specific requirements for oxygen equipment on aircraft, particularly for the aircraft with the registration VH-SKK. This legislative instrument was introduced under the authority of the Civil Aviation Act 1988, empowering the Governor-General to make regulations, and it was developed pursuant to subregulation 207(2) of the Civil Aviation Regulations 1988. The primary policy objective is to ensure that the aircraft complies with the safety standards set by the Civil Aviation Safety Authority (CASA) concerning the oxygen dispensing units. This approval allows the specified aircraft to operate with a particular type of nasal cannula oxygen dispensing unit that meets the stipulated flow rates, while maintaining safety and compliance with the overarching regulations. The approval ensures that the aircraft can operate safely at various altitudes with the appropriate oxygen equipment, thereby addressing a specific operational need while aligning with broader aviation safety standards.

Scope and Application

The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to aircraft VH-SKK, governing the types of oxygen dispensing units that can be used in operations. This approval ensures that the aircraft complies with the requirements set forth in section 108.26 of the Civil Aviation Orders, particularly regarding the installation and operation of oxygen equipment. The approval allows for the use of a specific make of nasal cannula type individual oxygen dispensing units, which 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 up to a maximum altitude of 18,000 feet. Above this altitude, units designed to cover both the nose and mouth must be used, with a ratio of one such unit for every 15 nasal cannula type units installed. This approval modifies the flow rate requirement for nasal cannula units, recognising that these units deliver oxygen directly to the lungs through the nose, thereby allowing for a lesser flow rate to achieve the same oxygen level in the blood as specified for other oxygen equipment. The approval remains in effect as per the stipulations and was issued by a delegate of the Civil Aviation Safety Authority in accordance with regulation 7 of the Regulations.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 relevant to this approval (subregulation 207(2)) and the Civil Aviation Orders (section 108.26) mandate that Australian aircraft must be equipped with approved instruments and equipment before engaging in any class of operations. Specifically, section 20.4(3.1) requires the storage of oxygen and the installation of dispensing and control equipment on an aircraft in compliance with section 108.26 of the Orders. Additionally, section 20.4(3.2) stipulates that the minimum oxygen flow rates on an aircraft must also conform to section 108.26. This approval allows the aircraft VH-SKK to operate with a specific type of nasal cannula oxygen dispensing unit, provided the units meet the flow rate criteria specified. The flow rate must be at least 0.3 litres per minute, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet, which is the maximum altitude permitted for such units under section 108.26. It is important to note that 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 per every 15 oxygen dispensing units installed, as outlined in paragraph 5.1.2 of section 108.26. The obligations imposed by the Act on the parties or entities it governs include ensuring that all aircraft comply with the specified equipment and flow rate requirements. This involves not only the installation of the approved oxygen dispensing units but also maintaining them in accordance with CASA directives. Furthermore, aircraft operators must ensure that the ratio of nasal cannula type units to full face mask units is adhered to, particularly in the context of high-altitude operations. Operators are also required to keep abreast of any updates or changes to the Civil Aviation Orders and ensure their aircraft and equipment remain compliant with these regulatory standards. Breach of these requirements can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with the regulations can result in civil penalties, including fines and potential suspension or revocation of aircraft operating permits. Additionally, criminal penalties may apply in cases of gross negligence or willful disregard of safety regulations. The maximum penalties for these offences can vary, but they may include substantial fines and imprisonment, depending on the severity and impact of the non-compliance. It is crucial for aircraft operators to adhere strictly to the approved specifications to avoid these severe repercussions.