AIR NAVIGATION (DANGEROUS GOODS) REGULATIONS (dangerousgoods)

SUBSIDIARY LEGISLATION 499.44

AIR NAVIGATION (DANGEROUS GOODS)

REGULATIONS

1st October, 2010

LEGAL NOTICE 233 of 2006, as amended by Act XL of 2023.

The title of these regulations is the Air Navigation

(Dangerous Goods) Regulations.

(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 Act;

"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 forty-eight

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

U n i t e d N a t i o n s C o m m i t t e e o f E x p e r t s o n t h e Tr a n s p o r t o f

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 Act.

(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 subregulations (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 subregulation (3), these regulations shall not

a p p l y t o t h o s e d a n g e r o u s g o o d s sp e c i f i e d i n t h e Te c hn i c a l

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;

AIR NAVIGATION (DANGEROUS GOODS)

or

(f)

intended for use or sale during the flight in question.

(3)

(a) The goods specified in subregulation (2) shall only be

carried provided they comply with the following

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 subregulation (2)(a) shall only

be carried if

(i)

they are required to be carried on an aircraft by

or under the Air Navigation Act, 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 subregulation (2)(b) and (2)(c)

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 subregulation (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 subregulation (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.

5.(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

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 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

subregulations (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

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 pack ages, 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

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

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

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 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 subregulation (8).

(3)

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

a l l r e l e v a n t s t a ff i n v o l v e d w i t h t h e c a r r i a g e o f

passengers or cargo by air have received training

which complies with 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 subregulation (8).

(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

approval under subregulation (9); and

(ii) the training has been approved under

subregulation (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

subregulation (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 subregulation (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 subregulation

(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 subregulation (1).

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.

(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 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 subregulation (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

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

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 subregulation (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 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 subregulation (4) 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

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 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 subregulation (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 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

seventy-two 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 seventy-two 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 76 of the Air

Navigation Act, or which he has reason to believe has been or will

AIR NAVIGATION (DANGEROUS GOODS)

be reported by another person to the Director in accordance with

that article.