Air Navigation (Dangerous Goods) Regulations 2006

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,977, 3 ta’ Ottubru, 2006

L.N. 233 of 2006

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Dangerous Goods) Regulations 2006

IN exercise of the powers conferred by article 3 of the Civil

Aviation Act, and in furtherance of article 43(1) of the Air Navigation

Order, 1990 the Minister for Competitiveness and Communications,

hereby makes the following regulations>-

The title of these regulations is the Air Navigation (Dangerous Citation and

commencement.

Goods) Regulations, 2006 and they shall come into force on such date

as shall be notified by the Minister responsible for civil aviation.

Interpretation.

(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>

(a)

a crew member<

(b) an operator’s employee permitted to be carried by,

and carried in accordance with, the instructions contained in

the Operations Manual<

(c) an authorised representative of a competent national

aviation authority<

(d) a person with duties in respect of a particular

shipment on board<

“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>

(a) is associated with and related to the carriage of

dangerous goods by air, not necessarily occurring on board

an aircraft, which results in injury to a person, property

damage, fire, breakage, spillage, leakage of fluid or radiation

or other evidence that the integrity of the packaging has not

been maintained< or

(b) relates to the carriage of dangerous goods and

which seriously jeopardises the aircraft or its occupants<

“dangerous goods transport document” means a document

which is specified by the Technical Instructions and contains

information about those dangerous goods<

“the Director” has the same meaning as defined in the Air

Navigation Order<

“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<

“Maltese operator” means an aircraft operator who holds an

air operator’s certificate issued by the Director.

“non-Maltese operator” means an aircraft operator who holds

an air operator’s certificate issued otherwise than by the Director<

“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>

(a) requires hospitalisation for more than 48 hours,

commencing within seven days from the date the injury was

received< or

(b) results in a fracture of any bone, other than simple

fractures of fingers, toes or nose< or

(c) involves lacerations which cause severe

haemorrhage, nerve, muscle or tendon damage< or

(d) involves injury to any internal organ< or

(e) involves second or third degree burns, or any burns

affecting more than 5% of the body surface< or

(f) involves verified exposure to infectious substances

or injurious radiation<

“Technical Instructions” means the 2005-2006 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.

(2) Other words and phrases used in these regulations shall

have the same respective meanings as in the Air Navigation Order, 1990.

(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.

(1) An aircraft shall not carry or have loaded onto it any

dangerous goods unless>

(a)

the operator is approved under this regulation< and

(b) such goods are carried or loaded in accordance with>

(i) any conditions to which such approval may be

subject< and

(ii) the Technical Instructions.

(2) An approval under this regulation>

(a) shall be granted in writing by the Director if he is satisfied

that the operator is competent to carry dangerous goods safely<

and

(b) may be subject to such conditions as the Director may

deem appropriate.

(1) Subject to paragraphs (2) and (3) hereof, 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) hereof, 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<

(f)

intended for use or sale during the flight in question.

(3) (a) The goods specified in paragraph (2) hereof 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) hereof

shall only be carried if>

(i) they are required to be carried on an aircraft by or under

the Air Navigation Order, 1990 or are otherwise intended for use

on an aircraft for the purpose of the good order of the flight in

accordance with the normal practice, whether or not, in either case,

such goods are required to be carried or intended to be used on

that particular flight<

(ii) they are intended as replacements or have been removed

for replacement, they comply with paragraph 2.2.2 of Part 1 of the

Technical Instructions.

(c) The goods specified in sub-paragraph (2)(b) and

(2)(c) hereof shall only be carried if>

(i) they are or may be required for use during the flight<

(ii) they are or may be required for use during a subsequent

flight by the same aircraft and it will not be practicable to load the

goods onto the aircraft in the intervening period before the

commencement of that subsequent flight< or

(iii) they were used or might have been required for use

during a previous flight by the same aircraft and it has not been

practicable to unload them from the aircraft since that flight.

(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.

(1) (a) The operator of an aircraft flying for the purposes

of public transport shall ensure that all appropriate manuals, including

the Operations Manual, contain information about dangerous goods so

that ground staff and crew members can carry out their responsibilities

in regard to the carriage of dangerous goods, including the actions to be

taken in the event of emergencies involving dangerous goods.

(b) Where applicable, the operator shall ensure such

information is also provided to his handling agent.

(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>

(a) written information about the dangerous goods as

specified in paragraph 4.1 of Part 7 of the Technical Instructions<

and

(b) information for use in responding to an in-flight

emergency as specified in paragraph 4.8 of Part 7 of the Technical

Instructions.

(3) The operator of an aircraft which is involved in an

aircraft accident or an aircraft incident in Malta shall notify the Director

without delay of any dangerous goods carried as cargo on the aircraft.

(1) The operator of an aircraft in which dangerous goods Acceptance

dangerous goods by

are to be carried shall ensure that no package, overpack or freight the operator.

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 any of its 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.

(1) The operator of an aircraft in which dangerous goods Method of loading

of dangerous goods.

are to be carried as cargo shall ensure that dangerous goods are not

carried in any compartment occupied by passengers or on the flight

deck, except in circumstances permitted by the provisions in paragraph

2.1 of Part 7 of the Technical Instructions.

(2) The operator of an aircraft in which dangerous goods

are to be carried shall ensure that any package, overpack or freight

container which contains dangerous goods is loaded, segregated, stowed

and secured on an aircraft in accordance with the provisions in Chapter

2 of Part 7 of the Technical Instructions.

(3) The operator of an aircraft in which dangerous goods

are to be carried shall ensure that packages, overpacks or freight

containers bearing an indication that they can only be carried on a cargo

aircraft are loaded and stowed in accordance with the provisions in

paragraph 2.4.1 of Part 7 of the Technical Instructions and are not loaded

on an aircraft carrying passengers.

(1) The operator of an aircraft in which dangerous goods

are to be carried shall ensure packages, overpacks or freight containers

which contain dangerous goods are inspected for evidence of damage

or leakage before being loaded on an aircraft or placed in a unit load

device.

(2) The operator of an aircraft in which dangerous goods

are to be carried shall ensure a unit load device containing dangerous

goods is not loaded unless it has been inspected and found free from

any evidence of leakage from or damage to the packages, overpacks or

freight containers contained in it.

(3) The operator of an aircraft in which dangerous goods

are to be carried shall ensure that any package, overpack or freight

container which contains dangerous goods which appears to be leaking

or damaged is not loaded on an aircraft.

(4) The operator of an aircraft in which dangerous goods

are to be carried shall ensure that any package, overpack or freight

container which contains dangerous goods which is found to be leaking

or damaged on an aircraft is removed and that other cargo or baggage

loaded on that aircraft is in a fit state for carriage by air and has not

been contaminated.

(5) The operator of an aircraft in which dangerous goods

have been carried shall ensure after unloading that all packages,

overpacks or freight containers which contain dangerous goods are

inspected for signs of damage or leakage and if there is such evidence

shall ensure that any part of the aircraft where the package, overpack or

freight container was stowed, or any sling or other apparatus which has

been used to suspend goods beneath the aircraft is inspected for damage

or contamination.

(1) The operator of an aircraft in which dangerous goods Removal

contamination.

are to be carried shall ensure that any contamination found as a result of

leaking or damaged packages, overpacks or freight containers is removed

without delay.

(2) The operator of an aircraft shall ensure that an aircraft

is not permitted to fly for the purpose of carrying passengers or cargo if

it is known or suspected that radioactive materials have leaked in or

contaminated the aircraft, unless the radiation level resulting from the

fixed contamination at any accessible surface and the non-fixed

contamination are not more than the values specified in paragraph 3.2

of Part 7 of the Technical Instructions.

Before consigning any dangerous goods for carriage by air Shipper’s

responsibilities.

the shipper shall ensure that>

(a) the goods are not forbidden for carriage by air in any

circumstances under the provisions in paragraph 2.1 of Part 1 of

the Technical Instructions<

(b) if the goods are forbidden for carriage by air without

approval, all such approvals have been obtained where the

Technical Instructions indicate it is the responsibility of the shipper

to so obtain them<

(c) the goods are classified according to the classification

criteria contained in Part 2 of the Technical Instructions<

(d) the goods are packed according to paragraphs 2.2 and

2.4 of Part 1, Part 2, chapters 2 and 3 and paragraphs 4.2, 4.3 and

4.4 of Part 3 and Part 4 of the Technical Instructions and the

packaging used are in accordance with such provisions of those

paragraphs, chapters and Parts and Part 6 of the Technical

Instructions as apply to those goods<

(e) the package is marked and labelled in English in addition

to any other language required by the State of Origin as specified

for those goods in paragraph 2.4 of Part 1, chapters 2 and 3 and

paragraph 4.5 of Part 3, chapters 2 and 3 of Part 5 and chapter 2 of

Part 6 of the Technical Instructions<

(f)

the package is in a fit condition for carriage by air<

(g) when one or more packages are placed in an overpack,

the overpack only contains packages of goods permitted to be

carried by paragraph 1.1 of Part 5 of the technical Instructions and

the overpack is marked and labelled as required by paragraphs 2.4

and 3.2 of Part 5 of the Technical Instructions<

(h) a dangerous goods transport document>

(i) has been completed in English in addition to any

other language required by the State of Origin as required by

paragraph 4.1 of Part 5 of the Technical Instructions< and

(ii) contains a declaration signed by or on behalf of

the shipper stating that the Technical Instructions have been

complied with in that the dangerous goods>

(aa)

are fully and accurately described<

(bb) are correctly classified, packed, marked and

labelled< and

(cc)

are in a proper condition for carriage by air<

(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.

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.

(1) The shipper, and any agent thereof, shall ensure that

Training of persons.

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) (a) A Maltese operator, and any agent thereof, shall

ensure that all relevant staff involved with the carriage of passengers or

cargo by air have received training which complies with sub-paragraphs

(c) and (d).

(b) The operator of an aircraft shall ensure that the staff

of his handling agents have received that training.

(c) The training shall be as specified in Chapter 4 of

Part 1 and paragraph 4.9 of Part 7 of the Technical Instructions.

(d) The training has been granted a training approval

under paragraph (8) hereof.

(3) (a) The agent for a non-Maltese operator shall ensure

that all relevant staff involved with the carriage of passengers or cargo by

air have received training which complies with sub-paragraphs (b) and

(c).

(b) The training shall be as specified in Chapter 4 of

Part 1 and paragraph 4.9 of Part 7 of the Technical Instructions.

(c) The training has been granted a training approval

under paragraph (8) hereof.

(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 Maltese operator and the agent

of the operator whether the operator is a Maltese operator or a non-Maltese

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>

(a) (i) he has been granted a training instructor

approvalunder paragraph (9)< and

(ii) the training has been approved under paragraph (8)<

or

(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) (i) he is employed by a Maltese operator or by an agent

of a Maltese operator<

(ii) the training has been approved under paragraph

(8)< and

(iii) the training is offered or provided to other

employees of that Maltese aircraft operator or agent.

(8)

A training approval under this regulation shall be>

(a) granted in writing by the Director if he is satisfied that

the form and content of the training is adequate for its purpose< and

(b) subject to such conditions as the Director thinks fit, and

may in particular include a condition requiring that the training be

provided by a person who holds a training instructor approval

granted by the Director under paragraph (9).

(9) A training instructor approval under this regulation shall

be>

(a) granted in writing by the Director if it is satisfied that the

person is competent to carry out the training specified in the approval

granted under paragraph (8)< and

(b) subject to such conditions as the Director thinks fit.

(1) An airport operator and the operator of an aircraft flying

for the purpose of public transport or his agent shall ensure that persons

who are or may become passengers on an aircraft flying for the purpose

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>

(a) at each of the places at an airport where tickets are issued<

(b) at each of the areas at an airport maintained to assemble

passengers to board an aircraft< and

(c)

at any location where a passenger may be checked in.

(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).

The operator of an aircraft in which cargo is to be carried and Provision of

information in

any agent thereof shall ensure that notices giving information about the respect of cargo.

carriage of dangerous goods are displayed in sufficient number and

prominence for this purpose at those places where cargo is accepted for

carriage.

(1) The operator of an aircraft carrying dangerous goods Documents and

records.

as cargo shall ensure that a copy of the dangerous goods transport

document required by regulation 6 (2) and the written information to

the commander required by regulation 5 (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>

(a) any dangerous goods transport document or other

document in respect of dangerous goods which has been furnished

to him by the shipper in accordance with regulation 6 (2)<

(b) the record of any acceptance check list completed in

accordance with regulation 6 (3)< and

(c) the written information to the commander as required by

regulation 5 (2)(a).

(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.

(1) The operator of an aircraft on which dangerous goods Production of

documents and

are to be or have been carried and any agent thereof shall, within a records.

reasonable time after being requested so to do by the Director, cause to

be produced to him such of the following documents as may have been

requested by him>

(a)

the written approval referred to in regulation 3 (2)<

(b) the dangerous goods transport document or other

document in respect of any dangerous goods, referred to in regulation

6 (2)<

(c) the completed acceptance check list in a legible form in

respect of any dangerous goods, referred to in regulation 6 (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 5 (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 the

Director, cause to be produced to him any document which relates to

goods which he has reasonable grounds to suspect may be dangerous

goods in respect of which the provisions of these regulations have not

been complied with.

(1) The Director may examine, take samples of and seize

any goods which he has reasonable grounds to suspect may be dangerous

goods in respect of which the provisions of these regulations have not

been complied with.

(2) The Director may open or require to be opened any

baggage or package which 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 the Director under this regulation shall be retained or detained

respectively for so long as he considers necessary in all the circumstances

and shall be disposed of in such manner as he 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>

(i) for use as evidence at a trial for an offence< or

(ii) forensic examination or for investigation in connection

with an offence.

(4) (a) The person from whom any goods have been seized

by the Director under this regulation may apply to the Director 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) Where the Director 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

Director no longer necessary and no application has been made under

paragraph (4) hereof or any such application has been unsuccessful the

goods shall be destroyed or otherwise disposed of in accordance with

the directions of the Director.

(1) A Maltese operator shall ensure that any dangerous Occurrence

goods accident, dangerous goods incident or the finding of undeclared reporting.

or misdeclared dangerous goods in cargo or passenger’s baggage,

wherever it occurs, is reported to the Director.

(2) A non-Maltese 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

occurred in Malta is reported to the Director.

(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<

(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 Director may approve,

and by the quickest available means to the Director 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

Director in writing, or in such other form as the Director 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 81 of the Air

Navigation Order, 1990 or which he has reason to believe has been or

will be reported by another person to the Director in accordance with that

article.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press