DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) REGULATIONS

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) REGULATIONS

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY)
REGULATIONS

(Cap. 384, section 3)

[Other than regulation 7: 9 September 1985.

Regulation 7 9 September 1986.]

1. These regulations may be cited as the Dangerous Goods (Consignment
by Air) (Safety) Regulations.

2. In these regulations, unless the context otherwise requires

'consignor' means a person who consigns dangerous goods for carriage by air;

'Treight forwarder' means a person who offers a service to the public to arrange
the carriage of goods by air;

,,operator' means the operator of an aircraft;

',shipper' means a person, other than a freight forwarder, who offers dangerous
goods for carriage by air;

'Technical Instructions' means the edition of the Technical Instructions
specified in Part I of the Schedule.

3. For the purposes of these regulations a person consigns dangerous
goods for carriage by air if

(a)being a shipper, he offers the goods to an operator or freight
forwarder; or

(b)being a freight forwarder, he offers the goods to an operator or to
another freight forwarder,

for carriage by air.

4. (1) Subject to paragraph (2), no dangerous goods shall be consigned for
carriage by air unless

(a)the goods are of a category which is not prohibited to be carried by
air by the provisions of the Technical Instructions specified for the
purposes of this sub-paragraph in Part 11 of the Schedule;

(b)the goods are classified and packed in accordance with the provisions
of the Technical Instructions specified for the purposes of this sub-
paragraph in Part 11 of the Schedule;

(c)the packagings used are in accordance with such of the provisions of
the Technical Instructions specified for the purposes of this sub-
paragraph in Part 11 of the Schedule as apply to the goods;





(d)any package containing the dangerous goods is marked and
labelled in accordance with the provisions of the Technical
Instructions specified for the purposes of this sub-paragraph
in Part 11 of the Schedule;

(e)the provisions of the Technical Instructions specified for the
purposes of this sub-paragraph in Part 11 of the Schedule are
complied with in respect of any dangerous goods, package or
packaging;

any package containing the dangerous goods is in a fit
condition for carriage by air; and

(g)the dangerous goods are accompanied by the documents
specified in regulation 6 completed in the manner required by
that regulation.

(2) Paragraph (1) shall not apply to dangerous goods-

(a)consigned for carriage by air on any aircraft belonging to or
exclusively employed in the service of the Government or on
the naval, military or air force aircraft of any country; or

(b)of a type described in the provisions of the Technical
Instructions specified for the purposes of this subparagraph
in Part 11 of the Schedule, to the extent and in the
circumstances described in those provisions.

(3) Subject to paragraph (4), where paragraph (1) is contravened

(a) any consignor of the goods; and

(b)if the contravention relates to any act or function performed
by another person for or on behalf of any consignor, that
person,

commits an offence and is liable-

(i)on conviction on indictment to a fine of $250,000 and to
imprisonment for 2 years; or

(ii) on summary conviction to a fine of $50,000 and to im,
prisonment for 1 year.

(4) A person shall not be convicted of an offence under paragraph
(3) if he satisfies the court or magistrate that

(a)the act or omission constituting the contravention occurred
without his knowledge or consent; and

(b)he could not, by the exercise of reasonable supervision and
reasonable diligence, have prevented the occurrence of that
act or omission.





5. (1) No person shall label,' mark, certify or offer any packaging as
meeting the requirements of the Technical Instructions unless the
packaging is made, marked, labelled, maintained, reconditioned or
repaired in accordance with the provisions of the Technical Instructions
specified for the purposes of this paragraph in Part 11 of the Schedule.

(2) Any person who contravenes paragraph (1) commits an offence
and is liable

(a)on conviction on indictment to a fine of $250,000 and to
imprisonment for 2 years; or

(b)on summary conviction to a fine of $50,000 and to
imprisonment for 1 year.

6. (1) For the purposes of these regulations the documents to be
completed in respect of dangerous goods are

(a) an air waybill; and

(b)a dangerous goods transport document, except that such a
document shall not be required in respect of such categories
of dangerous goods as may be specified in the Technical
Instructions as being goods in respect of which a dangerous
goods transport document is not required.

(2) An air waybill required by paragraph (1)(a) shall-

(a)refer to the particular dangerous goods transport document
completed in respect of the dangerous goods; and

(b)specify where appropriate that the dangerous goods are of a
category or in a quantity required by the Technical
Instructions to be loaded in and carried in a cargo aircraft
only.

(3) A dangerous goods transport document required by paragraph
(1)(b) shall be completed by the shipper and shall

(a)classify and describe the dangerous goods in accordance
with the requirements of the provisions of the Technical
Instructions specified for the purposes of this sub-paragraph
in Part 11 of the Schedule; and

(b)contain a declaration signed by or on behalf of the shipper in
the terms set out in the provisions of the Technical
Instructions specified for the purposes of this sub-paragraph
in Part 11 of the Schedule.

(4) A copy of the air waybill and dangerous goods transport
document in respect of any dangerous goods shall be retained by the
consignor of the goods, or by each consignor if there are more than
one, for a period of not less than 6 months commencing on the date on
which the goods are first consigned.





(5) A consignor who without reasonable excuse contravenes
paragraph (4) commits an offence and is liable to a fine of $20,000 and to
imprisonment for 6 months.

7. (1) No person shall sign a declaration referred to in regulation
6(3)(b) in a dangerous goods transport document unless he has
completed the training appropriate to his functions as described in the
provisions of the Technical Instructions specified for the purposes of
this paragraph in Part 11 of the Schedule.

(2) Where paragraph (1) is contravened the shipper completing the
document and any person signing the declaration on behalf of the
shipper each commits an offence and is liable to a fine of $20,000 and to
imprisonment for 6 months.

8. (1) The Governor may, by order published in the Gazette, exempt
any person, dangerous goods or packaging, or any class or category of
persons, dangerous goods or packaging from the application of these
regulations or any part thereof and either absolutely or upon such
conditions as are specified in the order.

(2) The Director may, in any case where it appears to him to be
necessary or desirable in the public interest to do so, and if he is
satisfied that adequate alternative safety measures have been or will be
taken in the circumstances, in writing exempt any person, dangerous
goods or packaging from the application of these regulations or any
part thereof and either absolutely or upon such conditions as he may
specify.

9. The Director may, by order published in the Gazette, amend the
Schedule.

SC SCHEDULE [regs. 2, 4, 5, 6 & 7]
PART I

SPECIFIED EDITION OF THE TECHNICAL INSTRUCTIONS

1987 - 1988 Edition



PART II
SPECIFIED PROVISIONS OF THE TECHNICAL
INSTRUCTIONS

Provision of the regulations Provisions of the Technical Instructions
specifiedfor the purposes of that provision

regulation 4(1)(a) Chapters 2.1 and 2.2 of Part 1.
regulation 4(1)(b) Chapter 2.5 of Part 1, and Parts 2 and 3

regulation 4(1)(c) Up to and including 31 Decement 1989

Chapter 2.5 of Part 1, Chapter 1.4 of Part 3

and Part 7. On and after 1 January 1990.
Chapter 2.5 of Part 1 and Part 7 only.

regulation 4(1)(d) chapter 2.5 of Part 1, Chapter 11 of Part
2 and Part 3 (provisions relating to mark-
ing and labelling), and Chapters 2 and 3
of Part 4.





Provisions ofthe Technical Instructions
Provision of the regulations specified for the purposes of that provision

regulation 4(1)(e) Chapters 1. 1 (paragraphs (d) to (j)), 1.2
and 1.3 of Part 4.
regulation 4(2)(b) Chapters 2.3 and 2.4 of Part 1.
regulation 5(1) Part 7.
regulation 6(3)(a) Chapter 4.1 of Part 4.
regulation 6(3)(b) Chapter 4.1.9 of Part 4.
regulation 7(1) Chapter 2 of Part 6.
L.N. 239/85. L.N. 36/86. L.N. 297/86. L.N. 268/85. Citation. Interpretation. Schedule. Meaning of consign, etc. Dangerous goods to comply with Technical Instructions. Schedule. Schedule. Packinging to comply with Technical Instructions. Schedule. Documents required. Schedule. Person signing transport document to be trained. Schedule. Exemptions. Amendment of Schedule. L.N. 36/86. L.N. 297/86.

L.N. 239/85. L.N. 36/86. L.N. 297/86. L.N. 268/85. Citation. Interpretation. Schedule. Meaning of consign, etc. Dangerous goods to comply with Technical Instructions. Schedule. Schedule. Packinging to comply with Technical Instructions. Schedule. Documents required. Schedule. Person signing transport document to be trained. Schedule. Exemptions. Amendment of Schedule. L.N. 36/86. L.N. 297/86.

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