General

1. Introduction

1.1 OTAR Parts 91, 92, 121, 125 and 135 contain requirements for the transport of weapons and munitions of war, sporting weapons and dangerous goods. The guidance material in this OTAC is intended to supplement those requirements and provide information which will be of assistance in meeting them. The OTAC gives guidance to Operators in a number of areas related to the transport by air of dangerous goods, weapons and munitions of war and sporting weapons. Guidance is also given on dealing with emergencies arising during the transport of dangerous goods - whether such goods are in passengers' baggage in the cabin or in cargo or baggage in the cargo/baggage compartments of the aircraft.

1.2 Unless the text makes it apparent otherwise, the guidance in this OTAC is applicable to both large and small aeroplanes and to helicopters. It applies even if helicopters carry dangerous goods under-slung. There is nothing in this OTAC which refers to articles carried for use in agriculture, horticulture, forestry or pollution control or carried by aircraft flying under the terms of a Police AOC.

2. Definitions / Terminology

The ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284-AN/905) contain definitions which are applicable to many of the terms used in this OTAC. Other terms used are explained below.

Dangerous Goods Transport Document

Throughout this OTAC, references are made to the Dangerous Goods Transport Document. This term is used in the Technical Instructions and Air Navigation (Dangerous Goods) Regulations and it describes the document which is usually referred to as the Shipper's Declaration; it may sometimes be called the Dangerous Goods Declaration Form.

Class B cargo compartment:

Class B cargo compartment is one in which:

a) There is sufficient access in flight to enable a crew member to effectively reach any part of the compartment with the contents of a hand fire extinguisher;

b) When the access provisions are being used, no hazardous quantity of smoke, flames or extinguishing agent will enter any compartment occupied by the crew or passengers; and

c) There is a separate approved smoke detector or fire detector system to give warning at the pilot or flight engineer station.

Munitions of war:

Any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article.

Sporting Weapon:

Any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is not designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article; for example, Starter gun for sporting events

Technical Instructions:

The latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284-AN/905), including the Supplement and any Addendum, approved and published by decision of the Council of the International Civil Aviation Organization.

3. Requirements

3.1 In the Overseas Territories the requirements for the transport of dangerous goods by air are contained in the Air Navigation (Dangerous Goods) Regulations (Schedule 10 to the Air Navigation (Overseas Territories) Order 2007). They apply to all aircraft registered in a Territory, no matter where they are operating, and to all aircraft operating in a Territory no matter where the aircraft is registered.

3.2 It is a requirement that dangerous goods may only be carried with the approval of the Governor and in accordance with the ICAO Technical Instructions. See also Chapter 3 paragraph 1 Approval to Transport Dangerous Goods.

3.3 An Approval may not be required when the dangerous goods are:

(a) in aircraft equipment;

(b) carried as catering or cabin service supplies;

(c) for use in flight as medical aid for a patient;

(d) for use in flight as veterinary aid or a humane killer for an animal;

(e) in the possession of passengers and crew members.

3.4 Where no approval is required there are still conditions which apply to the carriage of these items; also there are requirements for training and the reporting of dangerous goods accidents and incidents which are applicable to all Operators - see Chapter 7.

3.5 Additional information covering these dangerous goods is given in Chapter 2.

3.6 An Approval is required for the carriage of dangerous goods that are replacements for items of aircraft equipment, catering or cabin service supplies.

3.7 Technical Instructions and Supplement to the Technical Instructions

3.7.1 The Technical Instructions contain all the detailed requirements for carrying dangerous goods by air and they apply to all aircraft, both pressurised and unpressurised. Throughout the Instructions "aircraft" is used; unless the context makes it apparent otherwise, it is intended that the requirements apply to both aeroplanes and helicopters.

3.7.2 There is a Supplement to the Technical Instructions that contains information of interest primarily to States. However, it does also contain quantity limitations, packing instructions and other information relating to dangerous goods that are forbidden on aircraft in normal circumstances, but for which there is a prescribed system of granting approvals to allow transport under special conditions.

3.7.3 There is nothing in the Technical Instructions and Supplement that prevents an Operator from having variations to them, providing these variations are more restrictive. If Operators have variations to the Technical Instructions it has become the practice for these variations to be filed in the IATA Dangerous Goods Regulations (see paragraph 3.8) against the relevant requirements as they are shown in that document.

3.8 International Air Transport Association's Dangerous Goods Regulations

The Dangerous Goods Regulations which are produced by IATA are used by many Operators in lieu of the Technical Instructions; the two documents are compatible in most respects. The Regulations are a field document; they contain an acknowledgement that the Technical Instructions are the only source of the legal rules for the transport of dangerous goods by air and that any differences from those Instructions do not have force of law. Use of the IATA Dangerous Goods Regulations in lieu of the Technical Instructions places a responsibility on an Operator to ensure that compliance with OTAR Part 92 and the Air Navigation (Dangerous Goods) Regulations is still achieved.

4. Handling Agents

4.1 At some airports it is normal for an aircraft Operator to use the services of a handling agent to perform some or all of the Operator's functions. Whilst the text in the legislation and the various documents referred to in this OTAC may not make specific reference to a handling agent, there is nothing to prevent such an agent from undertaking the Operator's responsibilities in most respects. However, an Operator has a responsibility to ensure the handling agent carries out his functions correctly and in accordance with all the legal requirements; and the handling agent has a responsibility to ensure that he not only undertakes all that is required of him by the Operator but also acts in accordance with his own responsibilities as an organisation which causes cargo and/or passengers to be carried on an aircraft.

4.2 The agreement between an Operator and his handling agent should ensure that each knows the limits of the other's responsibilities, particularly in respect of the production of information, keeping of records and reporting of incidents.

4.3 This OTAC contains guidance material in relation to Operators' responsibilities and in general is addressed to Operators. The guidance material, however, applies equally to handling agents when they are undertaking the various functions on behalf of Operators.

5. Operations Manual

5.1 Operations Manuals, where required, must include information and general guidance about dangerous goods and weapons, even if an Operator does not hold an Approval to carry dangerous goods. The areas that should be included and the depth to which any aspect is covered will, however, depend on whether or not an Approval is held.

5.2 Where an Operator uses a handling agent, he should provide that agent with a copy of the relevant parts of the Operations Manual to ensure the agent is aware of all the requirements, restrictions, etc., which are applicable to that Operator.

5.3 Guidance on Operations Manuals have been developed for use with OTARs; these are available at www.airsafety.aero and include references for dangerous goods and weapons. However, depending on the extent to which the Operator is involved in the air transport of dangerous goods, further information may need to be added in other manuals to ensure the subject is covered fully.


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