EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Paragraph 3.1 of section 20.4 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-WFA to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than .3 litre per minute increasing by .1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, aim to ensure the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulations governing the use of aircraft within Australian airspace, ensuring that all operations comply with stringent safety standards. One specific measure under this Act is subregulation 207(2), which mandates that aircraft must be equipped with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). This particular approval under subregulation 207(2) pertains to the use of nasal cannula type individual oxygen dispensing units on aircraft VH-WFA, setting out specific flow rates and conditions for their operation, including a differentiation in flow rates based on altitude. The approval ensures compliance with safety standards while accommodating the unique operational requirements of these units.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 207(2) as authorised by Section 98 of the Civil Aviation Act 1988, govern the approval of specific instruments and equipment for Australian aircraft operations, ensuring they meet the safety standards set by the Civil Aviation Safety Authority (CASA). This particular approval concerns the aircraft VH-WFA, allowing it to use a specific type of nasal cannula oxygen dispensing unit that meets certain flow rate requirements, which are detailed and differ from those applicable to flight crew members. This approval, which has been tabled as a disallowable instrument under regulation 5A, sets the minimum flow rate for these nasal cannula units at 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to 18,000 feet, which is the maximum altitude for these units' use. The approval specifies that above 18,000 feet, only units designed to cover both the nose and mouth can be used, and they must be provided in a ratio of one per every 15 oxygen dispensing units installed. CASA delegates have issued this approval in accordance with regulation 7 of the Regulations, and it came into operation upon gazettal.
Key Provisions
The key provisions of the Civil Aviation Regulations 1988, as outlined in the Explanatory Statement, concern the specific approval for certain oxygen dispensing units to be used on aircraft VH-WFA. Under subregulation 207(2), an Australian aircraft cannot be used unless it meets the safety standards and equipment requirements approved or directed by the Civil Aviation Safety Authority (CASA). This particular approval allows for the use of nasal cannula type individual oxygen dispensing units on aircraft VH-WFA, provided they meet specific criteria (subreg 207(2)). The 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 (section 108.26). Above 18,000 feet, only units designed to cover both the nose and mouth can be used, and these must be supplied in a ratio of one per every 15 oxygen dispensing units installed (section 108.26, paragraph 5.1.2).
The obligations imposed by this Act require aircraft operators to ensure that any approved equipment is correctly installed and meets CASA’s specifications. This includes adhering to the specified flow rates and ratios for oxygen dispensing units. Operators must also ensure that the equipment complies with the standards set out in the Civil Aviation Orders, particularly those related to oxygen storage and dispensing (section 108.26). CASA’s approval is a critical component of ensuring that the aircraft meets all necessary safety standards, and failure to comply with these requirements can lead to significant safety risks.
Breaches of these provisions can result in serious consequences. If an aircraft is found to be operating without the required equipment or with non-compliant equipment, it may be subject to enforcement actions by CASA. This could include fines or other penalties as stipulated in the Civil Aviation Act 1988. Specifically, under regulation 5A, any prescribed direction or exemption that affects the operation of an Order, such as the approval discussed, is considered a disallowable instrument. This means that if the approval is found to be non-compliant or if it is misused, it can be subject to disallowance, potentially leading to further sanctions against the aircraft operator. The maximum penalties for such breaches are not explicitly stated in the provided text but can typically involve significant fines and other regulatory actions as prescribed by the Civil Aviation Act.