Regulation on the Transport of Dangerous Goods by Air
Regulation on the Transport of Dangerous Goods by Air
Regulation on the Transport of Dangerous Goods by Air
Order of the Ministry of Transport [2016] No.42
April 13, 2016
Regulation on the Transport of Dangerous Goods by Air, adopted at the seventh executive meeting of the Ministry of Transport on April 7, 2016, is hereby promulgated and shall enter into force as of May 14, 2016.
Yang Chuantang, minister
Regulation on the Transport of Dangerous Goods by Air
Chapter I General Provisions
Article 1 This Regulation is made in accordance with the Civil Aviation Law of the People's Republic of China and other relevant laws and administrative regulations in order to strengthen the governance of the transport of dangerous goods by air, promote the development of the transport of dangerous goods by air and ensure the safety of the air transport.
Article 2 This Regulation is applicable to the domestic public air transport operator (hereinafter referred to as the domestic operator) and the foreign public air transport operator (hereinafter referred to as the foreign operator) which conducts scheduled or non-scheduled route operation between a point in foreign country and a point in China as well as any organization and individual in relation to the activity of the transport of dangerous goods by air.
Article 3 Civil Aviation Administration of China (hereinafter referred to as CAAC) shall enforce the supervision and administration over the activity of the nation-wide transport of dangerous goods by air according to its responsibility. The Regional Administration of Civil Aviation of China (hereinafter referred to as CAAC Regional Administration) shall, according to its responsibility, enforce the supervision and administration over the activity of the transport of dangerous goods by air within the region under its jurisdiction.
Article 4 The following terms as used in this Regulation contain the following meaning except as otherwise provided in specific articles:
1. Dangerous goods. Articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions, or which are classified according to these Instructions.
2. Technical Instructions. The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance with the procedure established by the ICAO Council.
3. Operator. The public air transport enterprise engaged in transport of passenger, baggage, cargo and mail by civil aircraft for profits, including domestic operator and foreign operator.
4. Shipper. The person whose name appears on the Air Waybill or Shipment Record, as the party contracting with carrier for the carriage of cargo.
5. Cargo sales agent. An enterprise authorized by operator to represent such operator to engage in the sales activity of air cargo transportation.
6. Ground handling agent. An enterprise authorized by operator to represent such operator to engage in the ground service for the air transport.
7. Consignment. One or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.
8. Pilot-in-command. The pilot designated by the operator, as being in command and charged with the safe conduct of a flight.
9. Dangerous goods accident. An occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage.
10. Dangerous goods incident. An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft or its occupants is also deemed to be a dangerous goods incident.
11. Exception. A provision in this Regulation which excludes a specific item of dangerous goods from the requirements normally applicable to that item.
12. Package. The complete product of the packing operation, consisting of the packaging and its contents prepared for transport.
13. Overpack. 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.
14. Unit load device. Any type of freight container, aircraft container, aircraft pallet with a net or aircraft pallet with a net over an igloo, an overpack is not included in this definition.
15. Packaging. One or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions.
16. State of Origin. The State in the territory of which the consignment is first to be loaded on an aircraft.
17. UN number. 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.
Article 5 Operator and the other organization as well as individual, engaging in the activity of the transport of dangerous goods by air, shall comply with the current and effective Technical Instructions and its supplementary documents as well as any appendix, except as otherwise provided for in the laws, administrative regulations and rules of the People's Republic of China and other standardized documents of CAAC.
Article 6 Relevant Organization, engaging in the activity of the transport of dangerous goods by air, shall set up self-inspect system to carry out self-inspection of the manuals, management procedures, training programmes and staff qualification, which directly relate to the safety of air transport, for the transport of dangerous goods by air in order to keep them up-to-date and effective and make sure that the relevant regulations are strictly executed.
Chapter II Limitation and Exemptions on the Transport of Dangerous Goods by Air
Article 7 This Regulation and the detailed specifications and procedures provided in the Technical Instructions shall be complied with in the transport of dangerous goods by air.
Article 8 The following dangerous goods shall be forbidden on aircraft unless exempted under the article 12 and 13 or unless they may be transported under the approval by the State of Origin in accordance with the provisions of the Technical Instructions:
1. Dangerous goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances;
2. Infected live animals.
Article 9 Dangerous goods to be sent by air mail or to be carried in air mail are forbidden, unless otherwise provided for in the Technical Instructions.
Dangerous goods hidden or falsely reported of the general goods are forbidden for sending by post as air mail.
Postal services enterprise, express service enterprise will be punished for accepting and sending dangerous goods in accordance with the provisions of the Postal Law of the Peoples' Republic of China.
Article 10 Articles and Substances that are identified in the Technical Instructions as being forbidden for transport by air under any circumstances shall not be carried on any aircraft.
Article 11 Articles and Substances which conform to the following situations are exempted from the limitations of this Regulation:
1. Articles and substances which have been classified as dangerous goods but which are required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations or for other special reasons identified in the Technical Instructions.
The replacements of the above articles and substances, or the articles and substances removed for replacement, which are carried on an aircraft, shall be transported in accordance with this Regulation except as permitted in the Technical Instructions.
2. Specified articles and substances carried by passengers or crew members within the extent specified in the Technical Instructions.
Article 12 In case of the following instances, CAAC Regional Administration may approve such transport according to the provisions of the Technical Instructions:
1. Dangerous goods forbidden to be transported on passenger and/or cargo aircraft may be transported under the approval as specified in the Technical Instructions;
2. Those with other purposes, which conform to the provisions of the Technical Instructions.
In the above instances, an overall level of safety in transport, which is equivalent to the level of safety as provided for in the Technical Instructions muse be achieved. If permission to grant an approval is not expressly referred in the Technical Instructions, an exemption may be sought.
Article 13 In instances of extreme urgency, or when other modes of transport are inappropriate, or when full compliance with the prescribed requirements is contrary to public interest, CAAC Regional Administration may grant an exemption from the provisions of the Technical Instructions provided that in such instances every effort is made to achieve an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions.
Chapter III Procedures for Permit to Transport of Dangerous Goods by Air
Section 1 Basic Principles
Article 14 Operator, engaging in the transport of dangerous goods by air, shall obtain the Dangerous Goods Air Transport Permit and the implementation is carried out in accordance with the contents of the Permit.
Article 15 CAAC Regional Administration shall notify the applicant of the policies and regulations concerning the transport of dangerous goods by air, provided the consultancy and the standard form of application letter to the applicant who applies for the Dangerous Goods Air Transport Permit.
Article 16 When encountering significant, urgent and special instances such as calamity etc, in the event of transporting the rescue personnel and materials, CAAC Regional Administration shall handle the application for the Dangerous Goods Air Transport Permit according to the relevant requirements of CAAC.
Article 17 Dangerous Goods Air Transport Permit granted by CAAC Regional Administration shall contain the following contents:
1. Stating the operator shall conduct operation within the permitted business scope in accordance with the requirements of this Regulations and the Technical Instructions;
2. Classification of dangerous goods permitted to be transport;
3. Term of validity of the Permit;
4. Conditions of necessary restrictions.
Section 2 Application by Domestic Operator for the Dangerous Goods Air Transport Permit
Article 18 Application by domestic operator for the Dangerous Goods Air Transport Permit shall conform the following conditions:
1. Holding a Public Air Transport Operator's Certificate;
2. Dangerous Goods Air Transport Manual shall conform with the requirements of the transport of dangerous goods;
3. Dangerous goods training programmes shall be in keeping with the requirements of transport of dangerous goods;
4. Management, operating procedure and emergency plan for the transport of dangerous goods by air is established in accordance with the Dangerous Goods Air Transport Manual;
5. Suitable and enough personnel is allocated, training in accordance with the dangerous goods training programmes is completed and qualification is achieved;
6. Capable of conducting the transport of dangerous goods by air in accordance with this Regulation, the Technical Instructions and the Dangerous Goods Air Transport Manual.
Article 19 Domestic operator, applying for the Dangerous Goods Air Transport Permit for the first time, shall submit the following materials:
1. Application letter;
2. A duplicate copy of the Public Air Transport Operator's Certificate;
3. The business scope of intending to engage in the transport of dangerous goods by air and the classification of dangerous goods;
4. Dangerous Goods Air Transport Manual;
5. Dangerous goods training programmes;
6. Descriptions of conforming to the training requirements of this Regulation and Technical Instructions;
7. Emergency response plan for dangerous goods;
8. Statement of compliance;
9. Other materials required by CAAC.
Article 20 Domestic operator shall ensure that the materials submitted are authentic and effective. If the application materials are complete and in conformity with the statutory forms, CAAC Regional Administration shall accept the application by the domestic operator. If the application materials are incomplete or not in conformity with statutory forms, CAAC Regional Administration shall inform the applicant on the spot or give the applicant one-time notice within 5 days to complement all materials required. The application is considered as accepted as of the day when the application materials are received if such notice is not given within the time limit.
Article 21 CAAC Regional Administration shall exam the Dangerous Goods Air Transport Manual and dangerous goods training programmes as well as the relevant documents submitted by the domestic operator. Domestic operator shall establish the relevant management and operating procedures pursuant to Dangerous Goods Air Transport Manual and training shall be carried out on the basis of training programmes. CAAC Regional Administration shall verify the relevant producers and training qualities to ensure they conform to the requirements of this Regulation and Technical Instructions.
If the domestic operator is confirmed through examination to conform to the requirements of Article 18 of this Regulation, CAAC Regional Administration shall issue the Dangerous Goods Air Transport Permit to the domestic operator. If the domestic operator is not qualified through examination, CAAC Regional Administration, who has made the decision not to grant the permit in accordance with the laws, shall give written notification to the applicant and explain reasons.
Article 22 CAAC Regional Administration shall complete the examination within 20 days from the day when the application for the Dangerous Goods Air Transport Permit is accepted, and shall make decision on whether the permit is granted or not. Where appraisal and evaluation by experts are necessary, CAAC Regional Administration shall notify in written form to the applicant of the appraisal and evaluation time required, the appraisal and evaluation time is not counted in the time limit within which the permit decision is made.
Section 3 Application by Foreign Operator for the Dangerous Goods Air Transport Permit
Article 23 Foreign operator, applying for the transport of dangerous goods on scheduled route between a point in foreign country and a point in China shall conform to the following conditions:
1. Holding the foreign Air Transport Enterprises Route Operating Permit issued by CAAC;
2. Having obtained the permission for the transport of dangerous goods by air or the equivalent document issued by the civil aviation competent authority of the State of the foreign operator;
3. Holding the dangerous goods training programmes or the equivalent document approved by the civil aviation competent authority of the State of the foreign operator, allocating the suitable and enough personnel and their training is completed and their qualification is achieved;
4. Holding the Dangerous Goods Air Transport Manual or the equivalent document approved by civil aviation competent authority of the State of the foreign operator and the management, operating procedures and emergence response plan for the transport of dangerous goods by air are established in accordance with the Dangerous Goods Air Transport Manual.
Article 24 Foreign operator, applying for the transport of dangerous goods on scheduled routes between a point in the foreign country and a point in China, shall submit the following materials to CAAC Regional Administration:
1. Written Application;
2. The permission for the transport of dangerous goods by air issued by the civil aviation competent authority of the State of the foreign operator or the equivalent document;
3. The business scope of intending to conduct the transport of dangerous goods by air and the classification of the dangerous goods;
4.
......
Order of the Ministry of Transport [2016] No.42
April 13, 2016
Regulation on the Transport of Dangerous Goods by Air, adopted at the seventh executive meeting of the Ministry of Transport on April 7, 2016, is hereby promulgated and shall enter into force as of May 14, 2016.
Yang Chuantang, minister
Regulation on the Transport of Dangerous Goods by Air
Chapter I General Provisions
Article 1 This Regulation is made in accordance with the Civil Aviation Law of the People's Republic of China and other relevant laws and administrative regulations in order to strengthen the governance of the transport of dangerous goods by air, promote the development of the transport of dangerous goods by air and ensure the safety of the air transport.
Article 2 This Regulation is applicable to the domestic public air transport operator (hereinafter referred to as the domestic operator) and the foreign public air transport operator (hereinafter referred to as the foreign operator) which conducts scheduled or non-scheduled route operation between a point in foreign country and a point in China as well as any organization and individual in relation to the activity of the transport of dangerous goods by air.
Article 3 Civil Aviation Administration of China (hereinafter referred to as CAAC) shall enforce the supervision and administration over the activity of the nation-wide transport of dangerous goods by air according to its responsibility. The Regional Administration of Civil Aviation of China (hereinafter referred to as CAAC Regional Administration) shall, according to its responsibility, enforce the supervision and administration over the activity of the transport of dangerous goods by air within the region under its jurisdiction.
Article 4 The following terms as used in this Regulation contain the following meaning except as otherwise provided in specific articles:
1. Dangerous goods. Articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions, or which are classified according to these Instructions.
2. Technical Instructions. The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance with the procedure established by the ICAO Council.
3. Operator. The public air transport enterprise engaged in transport of passenger, baggage, cargo and mail by civil aircraft for profits, including domestic operator and foreign operator.
4. Shipper. The person whose name appears on the Air Waybill or Shipment Record, as the party contracting with carrier for the carriage of cargo.
5. Cargo sales agent. An enterprise authorized by operator to represent such operator to engage in the sales activity of air cargo transportation.
6. Ground handling agent. An enterprise authorized by operator to represent such operator to engage in the ground service for the air transport.
7. Consignment. One or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.
8. Pilot-in-command. The pilot designated by the operator, as being in command and charged with the safe conduct of a flight.
9. Dangerous goods accident. An occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage.
10. Dangerous goods incident. An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft or its occupants is also deemed to be a dangerous goods incident.
11. Exception. A provision in this Regulation which excludes a specific item of dangerous goods from the requirements normally applicable to that item.
12. Package. The complete product of the packing operation, consisting of the packaging and its contents prepared for transport.
13. Overpack. 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.
14. Unit load device. Any type of freight container, aircraft container, aircraft pallet with a net or aircraft pallet with a net over an igloo, an overpack is not included in this definition.
15. Packaging. One or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions.
16. State of Origin. The State in the territory of which the consignment is first to be loaded on an aircraft.
17. UN number. 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.
Article 5 Operator and the other organization as well as individual, engaging in the activity of the transport of dangerous goods by air, shall comply with the current and effective Technical Instructions and its supplementary documents as well as any appendix, except as otherwise provided for in the laws, administrative regulations and rules of the People's Republic of China and other standardized documents of CAAC.
Article 6 Relevant Organization, engaging in the activity of the transport of dangerous goods by air, shall set up self-inspect system to carry out self-inspection of the manuals, management procedures, training programmes and staff qualification, which directly relate to the safety of air transport, for the transport of dangerous goods by air in order to keep them up-to-date and effective and make sure that the relevant regulations are strictly executed.
Chapter II Limitation and Exemptions on the Transport of Dangerous Goods by Air
Article 7 This Regulation and the detailed specifications and procedures provided in the Technical Instructions shall be complied with in the transport of dangerous goods by air.
Article 8 The following dangerous goods shall be forbidden on aircraft unless exempted under the article 12 and 13 or unless they may be transported under the approval by the State of Origin in accordance with the provisions of the Technical Instructions:
1. Dangerous goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances;
2. Infected live animals.
Article 9 Dangerous goods to be sent by air mail or to be carried in air mail are forbidden, unless otherwise provided for in the Technical Instructions.
Dangerous goods hidden or falsely reported of the general goods are forbidden for sending by post as air mail.
Postal services enterprise, express service enterprise will be punished for accepting and sending dangerous goods in accordance with the provisions of the Postal Law of the Peoples' Republic of China.
Article 10 Articles and Substances that are identified in the Technical Instructions as being forbidden for transport by air under any circumstances shall not be carried on any aircraft.
Article 11 Articles and Substances which conform to the following situations are exempted from the limitations of this Regulation:
1. Articles and substances which have been classified as dangerous goods but which are required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations or for other special reasons identified in the Technical Instructions.
The replacements of the above articles and substances, or the articles and substances removed for replacement, which are carried on an aircraft, shall be transported in accordance with this Regulation except as permitted in the Technical Instructions.
2. Specified articles and substances carried by passengers or crew members within the extent specified in the Technical Instructions.
Article 12 In case of the following instances, CAAC Regional Administration may approve such transport according to the provisions of the Technical Instructions:
1. Dangerous goods forbidden to be transported on passenger and/or cargo aircraft may be transported under the approval as specified in the Technical Instructions;
2. Those with other purposes, which conform to the provisions of the Technical Instructions.
In the above instances, an overall level of safety in transport, which is equivalent to the level of safety as provided for in the Technical Instructions muse be achieved. If permission to grant an approval is not expressly referred in the Technical Instructions, an exemption may be sought.
Article 13 In instances of extreme urgency, or when other modes of transport are inappropriate, or when full compliance with the prescribed requirements is contrary to public interest, CAAC Regional Administration may grant an exemption from the provisions of the Technical Instructions provided that in such instances every effort is made to achieve an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions.
Chapter III Procedures for Permit to Transport of Dangerous Goods by Air
Section 1 Basic Principles
Article 14 Operator, engaging in the transport of dangerous goods by air, shall obtain the Dangerous Goods Air Transport Permit and the implementation is carried out in accordance with the contents of the Permit.
Article 15 CAAC Regional Administration shall notify the applicant of the policies and regulations concerning the transport of dangerous goods by air, provided the consultancy and the standard form of application letter to the applicant who applies for the Dangerous Goods Air Transport Permit.
Article 16 When encountering significant, urgent and special instances such as calamity etc, in the event of transporting the rescue personnel and materials, CAAC Regional Administration shall handle the application for the Dangerous Goods Air Transport Permit according to the relevant requirements of CAAC.
Article 17 Dangerous Goods Air Transport Permit granted by CAAC Regional Administration shall contain the following contents:
1. Stating the operator shall conduct operation within the permitted business scope in accordance with the requirements of this Regulations and the Technical Instructions;
2. Classification of dangerous goods permitted to be transport;
3. Term of validity of the Permit;
4. Conditions of necessary restrictions.
Section 2 Application by Domestic Operator for the Dangerous Goods Air Transport Permit
Article 18 Application by domestic operator for the Dangerous Goods Air Transport Permit shall conform the following conditions:
1. Holding a Public Air Transport Operator's Certificate;
2. Dangerous Goods Air Transport Manual shall conform with the requirements of the transport of dangerous goods;
3. Dangerous goods training programmes shall be in keeping with the requirements of transport of dangerous goods;
4. Management, operating procedure and emergency plan for the transport of dangerous goods by air is established in accordance with the Dangerous Goods Air Transport Manual;
5. Suitable and enough personnel is allocated, training in accordance with the dangerous goods training programmes is completed and qualification is achieved;
6. Capable of conducting the transport of dangerous goods by air in accordance with this Regulation, the Technical Instructions and the Dangerous Goods Air Transport Manual.
Article 19 Domestic operator, applying for the Dangerous Goods Air Transport Permit for the first time, shall submit the following materials:
1. Application letter;
2. A duplicate copy of the Public Air Transport Operator's Certificate;
3. The business scope of intending to engage in the transport of dangerous goods by air and the classification of dangerous goods;
4. Dangerous Goods Air Transport Manual;
5. Dangerous goods training programmes;
6. Descriptions of conforming to the training requirements of this Regulation and Technical Instructions;
7. Emergency response plan for dangerous goods;
8. Statement of compliance;
9. Other materials required by CAAC.
Article 20 Domestic operator shall ensure that the materials submitted are authentic and effective. If the application materials are complete and in conformity with the statutory forms, CAAC Regional Administration shall accept the application by the domestic operator. If the application materials are incomplete or not in conformity with statutory forms, CAAC Regional Administration shall inform the applicant on the spot or give the applicant one-time notice within 5 days to complement all materials required. The application is considered as accepted as of the day when the application materials are received if such notice is not given within the time limit.
Article 21 CAAC Regional Administration shall exam the Dangerous Goods Air Transport Manual and dangerous goods training programmes as well as the relevant documents submitted by the domestic operator. Domestic operator shall establish the relevant management and operating procedures pursuant to Dangerous Goods Air Transport Manual and training shall be carried out on the basis of training programmes. CAAC Regional Administration shall verify the relevant producers and training qualities to ensure they conform to the requirements of this Regulation and Technical Instructions.
If the domestic operator is confirmed through examination to conform to the requirements of Article 18 of this Regulation, CAAC Regional Administration shall issue the Dangerous Goods Air Transport Permit to the domestic operator. If the domestic operator is not qualified through examination, CAAC Regional Administration, who has made the decision not to grant the permit in accordance with the laws, shall give written notification to the applicant and explain reasons.
Article 22 CAAC Regional Administration shall complete the examination within 20 days from the day when the application for the Dangerous Goods Air Transport Permit is accepted, and shall make decision on whether the permit is granted or not. Where appraisal and evaluation by experts are necessary, CAAC Regional Administration shall notify in written form to the applicant of the appraisal and evaluation time required, the appraisal and evaluation time is not counted in the time limit within which the permit decision is made.
Section 3 Application by Foreign Operator for the Dangerous Goods Air Transport Permit
Article 23 Foreign operator, applying for the transport of dangerous goods on scheduled route between a point in foreign country and a point in China shall conform to the following conditions:
1. Holding the foreign Air Transport Enterprises Route Operating Permit issued by CAAC;
2. Having obtained the permission for the transport of dangerous goods by air or the equivalent document issued by the civil aviation competent authority of the State of the foreign operator;
3. Holding the dangerous goods training programmes or the equivalent document approved by the civil aviation competent authority of the State of the foreign operator, allocating the suitable and enough personnel and their training is completed and their qualification is achieved;
4. Holding the Dangerous Goods Air Transport Manual or the equivalent document approved by civil aviation competent authority of the State of the foreign operator and the management, operating procedures and emergence response plan for the transport of dangerous goods by air are established in accordance with the Dangerous Goods Air Transport Manual.
Article 24 Foreign operator, applying for the transport of dangerous goods on scheduled routes between a point in the foreign country and a point in China, shall submit the following materials to CAAC Regional Administration:
1. Written Application;
2. The permission for the transport of dangerous goods by air issued by the civil aviation competent authority of the State of the foreign operator or the equivalent document;
3. The business scope of intending to conduct the transport of dangerous goods by air and the classification of the dangerous goods;
4.
......