The Air Navigation (Dangerous Goods) Regulations 2002

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2002 No. 2786
CIVIL AVIATION
The Air Navigation (Dangerous Goods) Regulations 2002

	Made	11th November 2002
	Coming into force	2nd December 2002

ARRANGEMENT OF REGULATIONS

PART I
Preliminary

1.	Citation and commencement

2.	Revocation

3.	Interpretation

PART II
Requirements for Carriage of Dangerous Goods

4.	Requirement for approval of operator

5.	Prohibition of carriage of dangerous goods

PART III
Operator's Obligations

6.	Provision of information by the operator to crew etc

7.	Acceptance of dangerous goods by the operator

8.	Method of loading by the operator

9.	Inspections by the operator for damage, leakage or contamination

10.	Removal of contamination by the operator

PART IV
Shipper's Responsibilities

11.	Shipper's responsibilities

PART V
Commander's Obligations

12.	Commander's duty to inform air traffic services

PART VI
Training

13.	Provision of training

PART VII
Provision of Information to Passengers and in respect of Cargo

14.	Provision of information to passengers

15.	Provision of information in respect of cargo

PART VIII
Documents and Records, Enforcement Powers and General

16.	Keeping of documents and records

17.	Production of documents and records

18.	Powers in relation to enforcement of the Regulations

19.	Occurrence reporting

20.	Dropping articles for agricultural, horticultural, forestry or pollution control purposes

21.	Police aircraft

SCHEDULE

Regulations revoked

The Secretary of State for Transport, in exercise of the powers conferred by articles 60(1) and 129(5) of the Air Navigation Order 2000[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I
Preliminary
Citation and commencement
     1. These Regulations may be cited as the Air Navigation (Dangerous Goods) Regulations 2002 and shall come into force on 2nd December 2002.

Revocation
     2. The Regulations specified in the Schedule hereto are hereby revoked.

Interpretation
     3. - (1) In these Regulations:

"acceptance check list" means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

"cargo aircraft" means any aircraft which is carrying goods or property but not passengers and for the purposes of these Regulations the following are not considered to be passengers:

"dangerous goods" means any article or substance which is identified as such in the Technical Instructions;

"dangerous goods accident" means an occurrence associated with and related to the carriage of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

"dangerous goods incident" means an occurrence, other than a dangerous goods accident, which:

"dangerous goods transport document" means a document which is specified by the Technical Instructions and contains information about those dangerous goods;

"freight container" means an article of transport equipment for radioactive materials, designed to facilitate the carriage of such materials, either packaged or unpackaged, by one or more modes of transport, but does not include a unit load device;

"handling agent" means an agent who performs on behalf of the operator some or all of the functions of the latter including receiving, loading, unloading, transferring or other processing of passengers or cargo;

"ID number" means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;

"non-United Kingdom operator" means an aircraft operator who holds an air operator's certificate issued otherwise than by the CAA;

"overpack" means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage, but does not include a unit load device;

"package" means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

"packaging" means the receptacles and any other components or materials necessary for the receptacle to perform its containment function;

"proper shipping name" means the name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings;

"serious injury" means an injury which is sustained by a person in an accident and which:

"Technical Instructions" until and including 31st December 2002 means the 2001-2002 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, including the Supplement thereto approved and published by decision of the Council of the International Civil Aviation Organisation;

"Technical Instructions" on and after 1st January 2003 means the 2003-2004 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;

"UN number" means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances;

"unit load device" means any type of container or pallet designed for loading onto an aircraft but does not include a freight container for radioactive materials or an overpack; and

"United Kingdom operator" means an aircraft operator who holds an air operator's certificate issued by the CAA.

(2) (a) Other expressions used in these Regulations shall have the same respective meanings as in the Air Navigation Order 2000.

(3) For the avoidance of doubt any reference in the Technical Instructions or these Regulations to the taking on board, loading onto or carriage of dangerous goods in or on an aircraft shall for the purpose of these Regulations be interpreted as applying also to the placing, suspending or carriage of such goods beneath an aircraft unless the context makes it otherwise apparent.

PART II
Requirements for carriage of dangerous goods
Requirement for approval of operator
4. - (1) An aircraft shall not carry or have loaded onto it any dangerous goods unless;

(2) An approval under this regulation:

Prohibition of carriage of dangerous goods
5. - (1) Subject to paragraphs (2) and (3) a person shall not:

(a) deliver or cause to be delivered for carriage in, or

(b) take or cause to be taken on board;

an aircraft any dangerous goods, which he knows or ought to know or suspect to be goods capable of posing a risk to health, safety, property or the environment when carried by air, unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.

(2) Subject to paragraph (3), these Regulations shall not apply to those dangerous goods specified in the Technical Instructions as being:

(a) for the proper navigation or safety of flight;

(b) to provide, during flight, medical aid to a patient;

(c) to provide, during flight, veterinary aid or a humane killer for an animal;

(d) to provide, during flight, aid in connection with search and rescue operations;

(e) permitted for carriage by passengers or crew members; or

(f) intended for use or sale during the flight in question.

(3)

(a) The goods specified in paragraph (2) shall only be carried provided they comply with the following sub-paragraphs and Part 8 and the applicable provisions in paragraphs 1.1.3 and 2.2 of Part 1 of the Technical Instructions.

(b) The goods specified in sub-paragraph (2)(a) shall only be carried if:

(d) The goods specified in sub-paragraph (2)(e) shall only be carried by passengers or crew members if they comply with the provisions in Part 8 of the Technical Instructions;

(e) The goods specified in sub-paragraph (2)(f) shall only be carried if the Technical Instructions identify them as being items which can be carried on an aircraft for sale or use during a flight or, when they are intended as replacements for such items or have been removed for replacement, they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions.

PART III
Operator's Obligations
Provision of information by the operator to crew etc
6. - (1)

(2) The operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that, before the flight begins, the commander of the aircraft is provided with:

(3) The operator of an aircraft which is involved in an aircraft accident or an aircraft incident in the United Kingdom shall notify the CAA without delay of any dangerous goods carried as cargo on the aircraft.

Acceptance of dangerous goods by the operator
7. - (1) The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in an aircraft until such package, overpack or freight container has been inspected to determine that:

(a) insofar as it is reasonable to ascertain, the goods are not forbidden for carriage by air in any circumstances by the provisions of the Technical Instructions;

(b) insofar as it is reasonable to ascertain, the goods are classified as required by the Technical Instructions;

(c) insofar as it is reasonable to ascertain, the goods are packed as required by the Technical Instructions;

(d) the package, overpack or freight container is marked and labelled in accordance with the provisions of Chapters 2 and 3 of Part 5 of the Technical Instructions;

(e) the package, overpack or freight container is not leaking or damaged so that the contents may escape.

(2) The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in that aircraft unless it is accompanied by a dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required, and shall inspect such a document to determine that it complies with the provisions of the Technical Instructions.

(3)

(a) For the purpose of each of the inspections required by paragraphs (1) and (2) an acceptance check list shall be used and the results of the inspection shall be recorded thereon.

(b) The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to the completion of that list.

PART IV
Shipper's Responsibilities
Shipper's responsibilities
11. Before consigning any dangerous goods for carriage by air the shipper shall ensure that:

(i) the operator of the aircraft has been furnished with the dangerous goods transport document required by paragraph (h) and such other documents in respect of dangerous goods as are required by Part 4 and paragraphs 4.3 and 4.4 of Part 5 of the Technical Instructions.

PART V
Commander's Obligations
Commander's duty to inform air traffic services
     12. The commander of an aircraft carrying dangerous goods as cargo shall, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of those dangerous goods in detail or as a summary or by reference to the location from where the detailed information can be obtained immediately.

PART VI
Training
Provision of training
     13. - (1) The shipper, and any agent thereof, shall ensure that before a consignment of dangerous goods is offered by him for carriage by air all persons involved in its preparation have received training as specified in Chapter 4 of Part 1 and paragraph 1.5 of Part 5 of the Technical Instructions, to enable them to carry out their responsibilities with regard to the carriage of dangerous goods by air.

    (2)

(3)

    (4) The content of training programmes shall be as specified in Chapter 4 of Part 1 of the Technical Instructions.

    (5) Initial and recurrent training programmes shall be established and maintained by or on behalf of the shipper and any agent thereof, the operator of an aircraft if it is a United Kingdom operator and the agent of the operator whether the operator is a United Kingdom operator or a non-United Kingdom operator in accordance with paragraph 4.1 of Part 1 of the Technical Instructions and recurrent training shall take place not less than every two years.

    (6) Records of training shall be maintained as specified in paragraph 4.2 of Part 1 of the Technical Instructions.

    (7) No person shall offer or provide training required by this part of these Regulations unless:

(b) he is employed by a shipper or an agent thereof and the training is offered or provided to other employees of that shipper or agent; or

(c)

(8) A training approval under this regulation shall be:

(9) A training instructor approval under this regulation shall be:

PART VII
Provision of Information to Passengers and in Respect of Cargo
Provision of information to passengers
14. - (1) An airport operator and the operator of an aircraft flying for the purpose of public transport of passengers or his agent shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of public transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked bagggage or with them by displaying notices sufficient in number and prominence for this purpose:

    (2) The operator of an aircraft flying for the purpose of the public transport of passengers or his agent shall ensure that passengers are warned as to the type of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them either by providing information with each passenger ticket, sufficient in prominence for this purpose, or by some other appropriate means such that passengers receive a warning in addition to that required by paragraph (1).

    (3) Any person who, in the United Kingdom, makes available flight accommodation shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of public transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them by displaying notices sufficient in number and prominence for this purpose at any place where flight accommodation is offered for sale.

Provision of information in respect of cargo
     15. The operator of an aircraft in which cargo is to be carried and any agent thereof shall ensure that notices giving information about the carriage of dangerous goods are displayed in sufficient number and prominence for this purpose at those places where cargo is accepted for carriage.

PART VIII
Documents and Records, Enforcement Powers and General
Keeping of documents and records
16. - (1) The operator of an aircraft carrying dangerous goods as cargo shall ensure that a copy of the dangerous goods transport document required by regulation 7(2) and the written information to the commander required by regulation 6(2)(a) are retained at a readily accessible location until after the full period of the flight on which the goods were carried.

(2) The operator of an aircraft in which dangerous goods are carried shall preserve for not less than three months:

and

(3) The record referred to in paragraph (2)(b) may be in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.

Production of documents and records
17. - (1) The operator of an aircraft on which dangerous goods are to be or have been carried and any agent thereof shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person:

(a) the written approval referred to in regulation 4(1);

(b) the dangerous goods transport document or other document in respect of any dangerous goods, referred to in regulation 7(2);

(c) the completed acceptance check list in a legible form in respect of any dangerous goods, referred to in regulation 7(3); and

(d) a copy of the written information provided to the commander of the aircraft in respect of any dangerous goods, referred to in regulation 6(2)(a).

    (2) The aircraft operator, shipper and any agent of either of them shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

Powers in relation to enforcement of the Regulations
     18. - (1) An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

    (2) An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

    3

(a) Subject to paragraph (5), any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the CAA considers necessary in all the circumstances and shall be disposed of in such manner as the CAA considers appropriate in all the circumstances.

(b) Without prejudice to the generality of sub-paragraph (a) any sample taken or goods seized under this regulation may be retained or detained respectively:

(4)

(a) The person from whom any goods have been seized by an authorised person under this regulation may apply to the CAA for the item to be released to him.

(b) An application under this paragraph shall be made in writing and shall be accompanied by evidence of ownership by the applicant.

(c) The function of deciding a case where such an application as is referred to in sub-paragraph (a) has been made is hereby prescribed for the purposes of section 7(1) of the Civil Aviation Act 1982: and for the purpose of making any decision in such a case a quorum of the CAA shall be one member.

(d) Where the CAA is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings it shall arrange for the goods concerned to be returned to the applicant.

    (5) Where further retention of goods is, in the opinion of the CAA no longer necessary and no application has been made under paragraph (4) or any such application has been unsuccessful the goods shall be destroyed or otherwise disposed of in accordance with the directions of the CAA.

Occurrence reporting
     19. - (1) A United Kingdom operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger's baggage, wherever it occurs, is reported to the CAA.

    (2) A non-United Kingdom operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger's baggage which occured in the United Kingdom is reported to the CAA.

    (3) A report required under paragraph (1) or (2) shall contain such of the following information as is appropriate to the occurrence:

(a) date of the occurrence;

(b) location of the occurrence, flight number and flight date;

(c) description of the goods and the reference number of the air waybill, pouch, baggage tag and ticket;

(d) proper shipping name (including the technical name, if applicable);

(e) UN/ID number;

(f) class or division in accordance with the Technical Instructions and any subsidiary risk(s);

(g) type of packaging and the packaging specification marking;

(h) quantity of dangerous goods;

(i) name and address of the shipper or passenger;

(j) suspected cause of the occurrence;

(k) action taken;

(l) any other reporting action taken;

(m) name, title, address and contact number of the reporter;

(n) any other relevant details.

(4)

(a) Subject to sub-paragraph (b) a report containing as much of the information referred to above as is in his possession shall be despatched in writing, or in such other form as the CAA may approve, and by the quickest available means to the CAA within 72 hours of the occurrence coming to the knowledge of the person making the report.

(b) If at that time any of the said information is not in the possession of that person, he shall despatch the information to the CAA in writing, or in such other form as the CAA may approve, and by the quickest available means within 72 hours of the information coming into his possession.

    (5) Nothing in this regulation shall require a person to report any occurrence which he has reported under article 117 of the Air Navigation Order 2000 or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that article.

Dropping articles for agricultural, horticultural, forestry or pollution control purposes
     20. Subject to the provisions of regulation 4(1)(a) nothing in these Regulations shall apply to any aircraft flying solely for the purpose of dropping articles for the purpose of agriculture, horticulture, forestry or pollution control.

Police aircraft
     21. Nothing in these Regulations other than regulation 4(1)(a) shall apply to the carriage of dangerous goods by an aircraft flying under and in accordance with the terms of a police air operator's certificate.

Signed by authority of the Secretary of State for Transport

John Spellar
Minister of State, Department for Transport

11th November 2002

SCHEDULE
Regulations Revoked-Regulation 2

	References
The Air Navigation (Dangerous Goods) Regulations 1994	S.I. 1994/3187
The Air Navigation (Dangerous Goods) (Amendment) Regulations 1996	S.I. 1996/3100
The Air Navigation (Dangerous Goods) (Second Amendment) Regulations 1997	S.I. 1997/2666
The Air Navigation (Dangerous Goods) (Third Amendment) Regulations 1998	S.I. 1998/2536
The Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 2001	S.I. 2001/918

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Air Navigation (Dangerous Goods) Regulations 1994, as amended. In addition to minor drafting amendments, the following changes are made:

    (1) Definitions are introduced for "acceptance check list", "cargo aircraft", "dangerous goods accident", "dangerous goods incident", "freight container", "handling agent", "ID number", "non-United Kingdom operator", "overpack", "package", "packaging", "proper shipping name", "serious injury", "UN number", "unit load device" and "United Kingdom operator" (regulation 3(1)).

    (2) An approval required under the Regulations shall be granted where the CAA is satisfied that the aircraft operator is competent to carry dangerous goods safely (regulation 4(2)).

    (3) Requirements are introduced for the operator of an aircraft carrying dangerous goods. In particular, regulation 6(3) requires such an operator to notify the CAA of any dangerous goods carried on an aircraft which is involved in an accident or incident (regulations 6-10).

    (4) The shipper is required to obtain any necessary approvals for the carriage of certain types of dangerous goods by air (regulation 11(b)).

    (5) The commander of an aircraft carrying dangerous goods as cargo must, in the event of an in-flight emergency, provide information to the appropriate air traffic services unit about those dangerous goods (regulation 12).

    (6) Comprehensive requirements are introduced for the training of staff concerned with the carriage of dangerous goods by air. Obligations are placed on shippers and their agents, United Kingdom operators and their agents and on agents for non-United Kingdom operators. The approval of the CAA is required for specified training programmes and training instructors (regulation 13).

    (7) In addition to the operator of an aircraft flying for the purpose of public transport of passengers, an airport operator and a person who sells flight accommodation must ensure that persons who are or who may become passengers on such a flight are warned as to the types of dangerous goods which they are forbidden to carry (regulation 14).

    (8) The operator of an aircraft in which cargo is to be carried and any agent of such an operator must ensure that notices giving information about the carriage of dangerous goods are displayed where cargo is accepted for carriage (regulation 15).

    (9) A copy of the dangerous goods transport document and the written information required to be supplied to the commander must be retained by the aircraft operator (regulation 16(1)).

    (10) The aircraft operator, shipper and any agent of either must produce to an authorised person documents relating to the carriage of goods which may be dangerous goods (regulation 17(2)).

    (11) A dangerous goods accident, dangerous goods incident or a finding of undeclared or misdeclared dangerous goods must be reported to the Civil Aviation Authority where it occurs on a flight operated by a United Kingdom operator or on a flight within the United Kingdom operated by a non-United Kingdom operator. A report need not be made under this provision if it has been reported under the Mandatory Occurrence Reporting Scheme established by Article 117 of the Air Navigation Order 2000 (regulation 19).

Notes:

[1] S.I. 2000/1562, to which there are amendments not relevant to these Regulations.back

ISBN 0 11 042971 0

Prepared 19 November 2002

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