Civil Aviation Order 108.26 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 108.26 Amendment Order (No. 1) 2007 was enacted to address a gap in the regulatory framework concerning the use of oxygen dispensing units in aircraft, particularly the "Oxymizers" nasal cannula type units. This amendment was introduced to ensure that these units are used safely and effectively in accordance with the Civil Aviation Act 1988. The Civil Aviation Order 108.26 (CAO 108.26) was updated to allow the use of nasal cannula type oxygen units by setting out the minimum flow rates for flight crew members and recognising the maximum level at which these units can be used, which is flight level 180 (18,000 feet). This amendment was made under the authority of the Civil Aviation Act 1988 and was implemented by the Civil Aviation Safety Authority (CASA). The policy objective behind this amendment was to ensure that the use of such units is safe, while also facilitating their use in various operations, including private, aerial work, and charter operations. The amendment was subject to the Legislative Instruments Act 2003 and was not subject to disallowance as it was considered a minor or machinery change.

Scope and Application

The Civil Aviation Order 108.26 Amendment Order (No. 1) 2007 applies to all persons and entities involved in operating Australian aircraft, particularly in the context of the installation and use of oxygen dispensing units. This amendment is made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it specifically addresses the use of nasal cannula type oxygen units, commonly referred to as "Oxymizers". The amendment allows for the use of these units in private, aerial work, and charter operations, provided they meet the specified minimum flow rates as outlined in the new paragraph 6.1A. This change recognises that such units can achieve the same oxygen saturation levels in the blood as higher flow rate units used for larger oxygen masks. The amendment also references the maximum level set by paragraph 5.1.3 of CAO 108.26, which is flight level 180 (18,000 feet). The amendment extends to the entire national jurisdiction of Australia, as it is implemented under the Commonwealth Act. The application of this Order is subject to the disallowable instrument provisions of the Legislative Instruments Act 2003, meaning it can be subject to parliamentary scrutiny and disallowance. This amendment does not require a consultation process or a Regulation Impact Statement, as it is considered to have a low impact on business compliance costs.

Key Provisions

The Civil Aviation Order 108.26 Amendment Order (No. 1) 2007 amends the existing Civil Aviation Order 108.26 (CAO 108.26) by introducing new provisions that allow the use of nasal cannula oxygen dispensing units in aircraft operations. Under the amended regulation, specifically in the new paragraph 6.1A, the minimum flow rates for oxygen dispensing units have been defined for flight crew members, differing from the flow rates previously specified in paragraph 6.1. The new regulation recognises that a lower flow rate is sufficient for nasal cannula units, which supply oxygen directly to the lungs through the nose. Furthermore, this amendment sets a maximum operational limit for these units at flight level 180 (18,000 feet), aligning with the existing standards set by paragraph 5.1.3 of CAO 108.26. The obligations imposed by the Civil Aviation Order and this Amendment Order require that any Australian aircraft used in operations must be equipped with CASA-approved instruments and emergency equipment, including oxygen dispensing units that meet the specified requirements. For nasal cannula type units, these units must now comply with the new flow rates set out in paragraph 6.1A and must not be used beyond the specified flight level of 18,000 feet. Operators must ensure that all oxygen dispensing units are installed and used according to these regulatory requirements to maintain safety standards during flight operations. Failure to comply with the provisions of the Civil Aviation Order and the amended CAO 108.26 could result in significant consequences. The regulations governing the use of aircraft and the equipment carried on them are critical for ensuring safety in air navigation. Non-compliance could lead to the grounding of aircraft, legal action, and potentially severe safety incidents. While the specific penalties are not detailed in the text, it is clear that the Act and the associated regulations are enforced strictly to uphold safety standards, and violations could result in administrative, civil, or criminal penalties, as provided by the Civil Aviation Act 1988. In summary, the Civil Aviation Order 108.26 Amendment Order (No. 1) 2007 introduces new requirements for the use of nasal cannula oxygen dispensing units in aircraft, establishing specific flow rates and operational limits. Aircraft operators must adhere to these regulations to ensure compliance and safety. The Amendment Order, being a legislative instrument, is subject to the scrutiny of Parliament and the Office of Best Practice Regulation, although a detailed impact assessment was not required for this minor amendment. The amendment came into effect on the day following its registration, enforcing stricter standards for oxygen dispensing equipment in aviation.