Administrative Provisions on Transport of Dangerous Goods by the Civil Aviation of China (2004)
Administrative Provisions on Transport of Dangerous Goods by the Civil Aviation of China (2004)
Administrative Provisions on Transport of Dangerous Goods by the Civil Aviation of China (2004)
Order of the Civil Aviation Administration of China No. 121
July 12, 2004
Chapter A General Provisions
Article 276.1 Purpose and Basis
These Provisions are formulated pursuant to the Civil Aviation Law of the People's Republic of China and the Decision of the State Council on Adopting Administrative Licensing for Items Originally Subject to Administrative Examination and Approval (Order No. 412 of the State Council) For the purpose of strengthening the administration over civil air transport of dangerous goods and safeguarding the flights.
Article 276.3 Scope of Application
These Provisions shall be applicable to the operation of the following aircrafts:
a. Any civil aircraft registered within the People's Republic of China; and
b. Any foreign civil aircraft operating within the territory of the People's Republic of China.
Article 276.5 Definitions
The meanings of the terms used in these Provisions are defined in the Attachment A.
Article 276.7 Basic Requirements
a. An operator who carries dangerous goods by a civil aircraft (hereinafter referred to as the "Aircraft") shall obtain in advance permission of air transport of dangerous goods from the Administration.
b. The carriage of dangerous goods by air shall meet the following requirements:
(1) The current Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc9284-AN/905) which are promulgated by the International Civil Aviation Organization, including the supplements and any appendix ratified and promulgated by the Council of the International Civil Aviation Organization (hereinafter referred to as the "Technical Instructions"); and
(2) The restrictions imposed by the Administration in addition on the permission for air transport of dangerous goods.
Article 276.9 Exceptions
a. Any article or substance, which may originally be classified into dangerous goods but needs to be uploaded onto an Aircraft pursuant to the rules relating to airworthiness and operation or other special causes listed in the Technical Instructions may not be governed by these Provisions.
b. Any substance, which is carried by an Aircraft and used to replace or be replaced by any article or substance stated in (a) shall be transported pursuant to these Provisions unless it is permitted by the Technical Instructions.
c. Within the scope prescribed by the Technical Instructions, any specific article or substance carried by passengers or aircrew members may not be governed by these Provisions.
Article 276.11 Administrative Organs
a. The Civil Aviation Administration of China (hereinafter referred to as "CAAC") shall exercise regulatory administration over any air transport of dangerous goods subject to Article 276.3 of these Provisions; and the local civil aviation administrative bureaus shall, pursuant to the authorization, exercise regulatory administration over any air transport of dangerous goods within their respective administrative regions.
b. The Administration shall, pursuant to the scope of administrative power, conduct supervision and inspection to any air transport of dangerous goods.
c. The Administration shall not hamper the normal production and operation of any inspected entity, shall not ask for or accept any money or property of a licensee, nor may it seek for any other benefits.
Article 276.13 Supervision and Inspection
a. Any entity or individual who engages in air transport shall be subject to supervision and inspection of the Administration regarding air transport of dangerous goods so as to ascertain whether or not it complies with these Provisions.
b. The Administration may, pursuant to the inspection results of Paragraph (a) of this Article or any other evidence, ascertain whether or not the said entity or individual is fit for its continuous business relating to air transport. Any and all acts in violation of these Provisions shall be subject to legal liabilities pursuant to Chapter N of these Provisions.
Chapter B Restrictions on the Air Transport of Dangerous Goods
Article 276.23 General Principles
Any air transport of dangerous goods is forbidden unless it complies with the criteria and procedures prescribed by these Provisions and the Technical Instructions.
Article 276.25 Restrictions on Transport
Unless it is exempted by CAAC or otherwise approved by the state of departure pursuant to the Technical Instructions, any of the following dangerous goods shall not be loaded onto an Aircraft:
a. Any article or substance which is prohibited by the Technical Instructions to be transported under normal circumstances; or
b. Any infected living animal.
Article 276.27 Prohibitions of Transport
No Aircraft may carry any article or substance which is prohibited from transport by air under any circumstance described in the Technical Instructions.
Article 276.29 Exemption
CAAC may, pursuant to Article 276.25 of these Provisions, grant its exemption if any of following situations occurs:
a. It is terribly urgent;
b. Any other transport method isn't applicable; or
c. It is required by the public interests.
Article 276.31 Airmail
a. No dangerous substance may be posted via airmail or be carried secretly in airmails unless it is otherwise prescribed by the Technical Instructions.
b. No dangerous substance may be reported in concealment or falsely to be a common one and be posted as airmail.
Chapter C Application and Permission of Air Transport of Dangerous Goods
Article 276.41 Application
a. An applicant for air transport of dangerous goods shall, pursuant to a prescribed format and method, submit a written application, which shall contain all contents that an applicant is required to submit by the Administration.
b. A local civil aviation administrative bureau shall provide consulting information to the applicants, answer questions relating to air transport of dangerous goods put forward by the applicants, and offer laws, regulations or other corresponding regulatory documents and standard formats of application documents to the applicants.
c. A domestic operator applying for air transport of dangerous goods shall submit the following documents when he submits the written application:
(1) Types of dangerous goods to be transported or the illustrations of the operational airport;
(2) A brochure of dangerous goods;
(3) A training program for handling dangerous goods;
(4) Instructions on personnel training aimed at performing air transport of dangerous goods;
(5) Emergency and rescue schemes for accidents relating to dangerous goods;
(6) Declaration of compliance; and
(7) Any other document required by the Administration.
d. A foreign operator applying for air transport of dangerous goods shall submit the following documents when he submits the written application:
(1) A licensing document of air transport of dangerous goods issued by the state where the operator lives;
(2) Types of dangerous goods to be transported or the illustrations of the operational airport;
(3) A brochure of dangerous goods confirmed by the state where the operator lives or documents of equivalent effect;
(4) A training program of dangerous goods approved by the state where the operator lives or documents of equivalent effect;
(5) Training instructions complying with the requirements of Paragraph (b), Article 276.159 of these Provisions; and
(6) Any other document required by the Administration.
e. In case any language other than Chinese or English is used, the license, approval and exemption documents required to be submitted by Paragraph (d) of this Article shall be accompanied by an accurately translated Chinese or English version.
Article 276.43 Acceptance
An applicant shall prepare application documents pursuant to Article 276.41 of these Provisions and formally apply to a local civil aviation administrative bureau. The local civil aviation administrative bureau shall make an acceptance decision within 5 working days. In case the application is approved, follow-up inspection shall be arranged; in case the application is denied, a written notice shall be sent to the applicant and the causes shall be explained.
Article 276.45 Examination
a. Review of Documents
A local civil aviation administrative bureau shall explicitly review the training program, brochure and related documents of dangerous goods put forward by an applicant, grant its preliminary approval to the training program of dangerous goods, and ratify the brochure of dangerous goods.
b. Verification and Examination
An applicant shall conduct the training according to the preliminarily approved training program of dangerous goods, and establish related administrative and operational procedures according to the approved brochure of dangerous goods; a local civil aviation administrative bureau shall verify and examine the training quality or related procedures to ensure that it is in accordance with the requirements of these Provisions and the Technical Instructions.
Article 276.47 Decision
a. The Administration shall issue an approval document of carriage of dangerous goods by air to an applicant after it is examined and approved that the applicant meets all the following conditions:
(1) The training program of dangerous goods has been approved by the Administration, and the brochure of dangerous goods and related documents have been ratified by the Administration;
(2) The proper and sufficient personnel have been prepared and the training has been finished according to the training program;
(3) The administrative and operational procedures for air transport of dangerous goods and emergency schemes have been established according to the brochure of dangerous goods; and
(4) The transport can be carried out according to these Provisions, the Technical Instructions and the brochure of dangerous goods.
b.
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