Subpart A - General

92.1 Purpose

(a) This Part sets out the requirements for the carriage of dangerous goods on aircraft, and the procedures for applications for approval to carry such items on aircraft.

(b) This Part does not take account of any health and safety or similar legislation that may be applicable nor does it absolve users from complying with any other statutory and legal requirements relating to a general duty of care.

(c) These Requirements are not in themselves Law. Failure to comply may not constitute an offence. However, the Requirements repeat or reproduce many of the provisions of the Air Navigation (Overseas Territories) Order 2007 (“the Order”). Therefore, failure to comply with these Requirements may:

(1) constitute a breach of the Order; and

(2) result in proceedings for breaches of the Order; or

(3) result in the refusal of an application for the issue or renewal of a certificate, approval, licence or permission; or

(4) result in action to suspend or revoke a certificate, licence, approval or permission.

(d) The issue of an approval or a permission indicates only that the holder is considered competent to secure the safe transport of dangerous goods. The possession of such a document does not relieve the operator or the pilot-in-command, of responsibility for compliance with the Order and any other legislation in force.

(e) Other OTAR Parts may impinge upon activities conducted under this Part. In particular, Part 1 contains definitions which apply, unless otherwise stated, to all Parts. A full list of OTAR Parts, a description of the legislative structure and the place of OTARs and OTACs within it can be viewed on the ASSI website www.airsafety.aero.

92.3 Use of English

All documentation, written communications and data (electronic or otherwise) for submission to the Governor in support of an application for an approval or a permission shall be provided in English.

92.5 Laws, requirements and procedures

Each holder of an approval or a permission shall take reasonable care to ensure that all persons employed, engaged, or contracted by the holder to perform related activities, are familiar with the appropriate sections of legislation, the Overseas Territories Aviation Requirements, any applicable conditions on the approval or permission and the procedures specified in the approval holder’s flight safety documentation.

92.7 Power to inspect

(a) Each aircraft operator or aerodrome operator shall ensure that any person authorised by the Governor is allowed on board an aircraft, on an aerodrome or a place where an aircraft has taken off or landed.

(b) Each person to whom this OTAR Part applies shall ensure that any person authorised by the Governor shall have access to any documentation relating to the operation. The holder of an approval shall be responsible for ensuring that, if requested to do so by an authorised person, documentation is produced within a reasonable period of time.

(c) An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of the Dangerous Goods Regulations have not been complied with.

(d) An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of the Dangerous Goods Regulations have not been complied with.

(e) Subject to paragraph (i), any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Governor considers necessary in all the circumstances and shall be disposed of in such manner as the Governor considers appropriate in all the circumstances.

(f) Without prejudice to the generality of sub-paragraph (e) any sample taken or goods seized under this regulation may be retained or detained respectively:

(1) for use as evidence at a trial for an offence; or

(2) for forensic examination or for investigation in connection with an offence.

(g) The person from whom any goods have been seized by an authorised person under this regulation may apply to the Governor for the item to be released to him. An application under this paragraph shall be made in writing and shall be accompanied by evidence of ownership by the applicant.

(h) Where the Governor 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 he shall arrange for the goods concerned to be returned to the applicant.

(i) Where further retention of goods is, in the opinion of the Governor, no longer necessary and no application has been made under sub-paragraph (g) or any such application has been unsuccessful the goods shall be destroyed or otherwise disposed of in accordance with the directions of the Governor.

92.9 Definitions

The following terms have the specific meanings within this Part. Terms not included in paragraph 92.9 and not defined OTAR Part 1 or in the applicable legislation shall have the same meanings used in the annexes to the Convention:

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 this Part 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;

Consignment means 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;

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 or environmental 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 or environmental 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;

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;

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 48 hours, commencing within seven days from the date the injury was received; or

(b) results in a fracture of any bone (except 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 per cent of the body surface; or

(f) involves verified exposure to infectious substances or injurious radiation.

State of Origin means the State in the territory of which the consignment was first loaded on an aircraft;

Technical Instructions means the current English Language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, including any addendum or corrigendum, approved and published from time to time by decision of the Council of the International Civil Aviation Organisation;

UN number means 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;

Unit load device means any type of container or pallet designed for loading on to an aircraft but does not include a freight container for radioactive materials or an overpack.

92.11 Applicability

(a) Subject to paragraph 92.11(b), this OTAR Part applies to:

(1) the operator of a Territory registered aircraft; and

(2) the operator of a non-Territory registered aircraft in the Territory; and

(3) any agent of (1) or (2); and

(4) a shipper who consigns any dangerous goods for carriage by air in the Territory or by a Territory registered aircraft; and

(5) the operator of any airport in the Territory; and

(6) any other person delivering or causing to be delivered for carriage in, or taking or causing 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.

(b) Nothing in this OTAR Part other than the requirement to hold an approval in accordance with paragraph 91.15(1) shall apply to:

(1) any aircraft flying solely for the purpose of dropping articles for the purpose of agriculture, horticulture, forestry, conservation or pollution control; or

(2) the carriage of dangerous goods by an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

provided that dangerous goods are carried and loaded in accordance with any conditions subject to which the approval was granted.

(c) Any reference in the Technical Instructions or this OTAR Part to the taking on board, loading on to or carriage of dangerous goods in or on an aircraft shall be interpreted as applying also to the placing, suspending or carriage of such goods beneath an aircraft unless the context makes it otherwise apparent.

92.13 Prohibition of carriage of dangerous goods

(a) Subject to paragraphs (b) and (c) a person shall not:

(1) deliver or cause to be delivered for carriage in, or

(2) 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.

(b) Subject to paragraph (c), the requirements of this OTAR Part shall not apply to those dangerous goods specified in the Technical Instructions as being:

(1) for the proper navigation or safety of flight provided that:

(i) they are required to be carried on an aircraft by the Order or the OTARs 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 such goods are required to be carried or intended to be used on that particular flight; or

(ii) when 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; or

(2) for the provision, during flight, of medical aid to a patient or veterinary aid or a humane killer for an animal provided that:

(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 on to 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; or

(3) for the provision, during flight, aid in connection with search and rescue operations; or

(4) permitted for carriage by passengers or crew members if they comply with the provisions in Part 8 of the Technical Instructions; or

(5) intended for use or sale during the flight 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 and they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions.

(c) The goods specified in paragraph (b) shall only be carried provided they comply with Part 8 and the applicable provisions in paragraphs 1.1.4 and 2.2 of Part 1 of the Technical Instructions.

92.15 Requirement for approval

(a) An aircraft operator intending to carry or have loaded on to its aircraft any dangerous goods shall:

(1) hold an approval issued by the Governor; and

(2) ensure that such goods are carried and loaded in accordance with:

(i) any conditions to which the approval may be subject, and

(ii) the Technical Instructions.

(b) The operator shall satisfy the Governor that he is competent to carry dangerous goods safely.

(c) The approval shall be subject to such conditions as the Governor thinks fit.

92.17 Provision of information to passengers

(a) Any person who, in the Territory, makes available flights on an aircraft shall ensure that persons who are or may become passengers are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them.

(b) An airport operator shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of commercial air 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:

(1) at each of the places at an airport where tickets are issued; and

(2) at each of the areas at an airport maintained to assemble passengers to board an aircraft; and

(3) at any location where a passenger may be checked in.

(c) The operator of an aircraft flying for the purpose of the commercial air transport of passengers, or his agent, shall ensure that persons who are or may become 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, by displaying notices sufficient in number and prominence for this purpose:

(1) at each of the places at an airport where tickets are issued; and

(2) at each of the areas at an airport maintained to assemble passengers to board an aircraft; and

(3) at any location where a passenger may be checked in; and

(4) where the operator has facilities for tickets to be purchased remotely (e.g. via the internet); and

(5) where the operator has facilities for the check-in process to be completed remotely (e.g. via the internet)


Change Information

  1. First Issue – published for information  June 2004
  2. Second Issue - published for information March 2007
  3. Third Issue – released for gazetting January 2008
  4. Fourth Issue July 2009
  5. Fifth Issue February 2013

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