Aviation Law :- The Regulatory Framework Governing The Safe Transport Of Dangerous Goods By Air
Air travel and transportation are not without their risks which might be significantly heightened when the safe conveyance of dangerous goods by air is involved. This is the basis in Nigeria through the Nigerian Civil Aviation Authority (NCAA) creating a regulatory framework governing the transport of such goods by air.
The notable provisions of this regulatory framework will be the focus of this article.
Scope & Subject Matter
– The NCAA Regulations establish the regulatory requirements for the management and safe transport of dangerous good by air in civil aircraft.
– The rules set forth in this Part apply to both international and domestic commercial air transport operations.
Applicability
– The requirements of this Part shall be applicable to both domestic and international operations of civil aircraft.
-This Part prescribes the requirements of the Federal Republic of Nigeria that apply to the carriage of dangerous goods by air as specified in the International Civil Aviation Organization Document, Technical Instructions for the Safe Transport of Dangerous Goods by Air and all applicable amendments; and
– To any person who performs, intends to perform or is required to perform any functions or activities related to the transport of dangerous goods, including:
1). The air operator in:
(i) Aerial work;
(ii) Commercial air transport;
(iii) General aviation; and
Any person responsible for the delivery or acceptance of air cargo;
2). Crews and employees, including contracted personnel who receive cargo, passengers and baggage or who handle, load and unload cargo;
3). The passenger of the air transport who carries any dangerous goods with him or in hand luggage or dispatched; an
4). The manufacturer and assembler of packaging for the air transport of dangerous goods.
5). Any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on passenger or cargo aircraft, as therein defined shall for the purpose of this Part be interpreted as applying also to the carriage of such goods beneath passenger or cargo aircraft.
Definitions
For the purpose of the Regulations, the following definitions shall apply
– “Approval”:-An authorization granted by an appropriate national authority for:
(i). the transport of dangerous goods forbidden on passenger and/or cargo aircraft where the Technical Instructions state that such goods may be carried with an approval; or
(ii)other purposes as provided for in the Technical Instructions.
Note: In the absence of a specific reference in the Technical Instructions allowing the granting of an approval, an exemption may be sought.
– “Cargo aircraft” :- Any aircraft, other than a passenger aircraft, which is carrying goods or property.
-“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.
– “Crew member”:- A person assigned by an operator to duty on an aircraft during a flight duty period.
– “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 those Instructions.
-“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.
-“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 constitute a dangerous goods incident.
– “Designated postal operator” :- Any governmental or non-governmental entity officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfil the related obligations arising from the acts of the UPU Convention on its territory.
Requirements For Transport Of Dangerous Goods By Air
Approval To Transport Dangerous Goods
-No operator may transport dangerous goods unless given an approval to do so by the Authority in accordance with this Part and the Technical Instructions.
– Each operator shall comply with the provisions contained in the ICAO Doc 9284, Technical Instructions for the Safe Transport of Dangerous Goods By Air hereinafter referred to as “Technical Instructions”, on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of Nigeria.
– To obtain the approval to transport dangerous goods, the operator shall in accordance with the technical instructions establish operating procedures to ensure the safe handling of dangerous goods at all stages of air transport, containing information and instructions on: the operator’s policy to transport dangerous goods; the requirements for acceptance, handling, loading, stowage and segregation of dangerous goods; actions to take in the event of an aircraft accident or incident when dangerous goods are being carried; the response to emergency situations involving dangerous goods; the removal of any possible contamination.
Exemptions
-Where specifically provided for in the Technical Instructions, if Nigeria is the state concerned, the Authority may grant an approval provided that in such instances an overall level of safety in air transport which is equivalent to the level of safety provided for in the Technical Instructions is achieved.
– In instances of extreme urgency or when other forms of transport are inappropriate or when full compliance with the prescribed requirements is contrary to the public interest, the Authority may grant an exemption from the provisions of the Technical Instructions provided that in such instances every effort shall be made to achieve an overall level of safety in air transport which is equivalent to the level of safety provided for in the Technical Instructions.
-In case that Nigeria is the State of overflight, if none of the criteria for granting an exemption are relevant, an exemption may be granted by the Authority based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.
Technical Instructions
-Any person who performs, intends to perform or is required to perform any functions or activities related to the transport of dangerous goods by air shall comply with the provisions contained in the Technical Instructions.
-Each operator shall comply with the provisions contained in the Technical Instructions on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of Nigeria.
– Where dangerous goods are to be transported outside the territory of Nigeria, the operator shall review and comply with the appropriate variations noted by Contracting States contained in Attachment 3 to the Technical Instructions.
Notifications of More Restrictive Requirements Adopted By Operators
-An operator shall notify the authority when it adopts more restrictive requirements than those specified in the Technical Instructions.
-The authority will ensure that when the operator adopts more restrictive requirements than those specified in the Technical Instructions, the notification of such variations are made to ICAO for publication in the Technical Instructions.
Surface Transportation
-Dangerous Goods intended for surface transport and prepared in accordance with the ICAO Technical Instructions shall comply strictly with the Authority’s procedures for Air transport of Dangerous Goods.
Civil Aircraft Operations
-No Operator shall handle or transport Dangerous Goods by Air without adhering to the provisions of this regulation as well as the Technical Instructions for the safe transport of Dangerous Goods by Air.
– Where an Operator adopts more restrictive operating guidelines, the operator shall be assessed based on those restrictive guidelines which will be incorporated in the Technical Instructions.
Limitation on the Transport of Dangerous Goods By Air
Dangerous Goods Permitted For Transportation By Air
-The transport of dangerous goods by air shall be forbidden except as established in the regulations and the detailed specifications and procedures provided in the Technical Instructions.
Dangerous Goods Forbidden For Transport By Air Under any Circumstances
-Articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances shall not be carried on any aircraft.
Dangerous Goods Forbidden For Transport By Air Unless Exempted
-The dangerous goods described hereunder shall be forbidden on aircraft unless exempted by the States concerned under the provisions of the NCAA Regulations or unless the provisions of the Technical Instructions indicate they may be transported under an approval granted by the State of Origin:
1) dangerous goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances; and
2). infected live animals;
3) weapons and ammunition;
4). explosives, unless required on board the aircraft for it operations;
5). poisonous gases;
6). infectious substances; and
7). radioactive material, radioisotopes and similar substances.
Operator Exceptions
– Articles and substances which would otherwise be 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 those specialized purposes identified in the Technical Instructions, shall be excepted from the provisions of this Part.
– Where articles and substances intended as replacements for those described in the paragraph above or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of this Part except as permitted in the Technical Instructions.
Passengers & Crew Exceptions
-Specific articles and substances carried by passengers or crew members shall be excepted from the provisions of this Part to the extent specified in the Technical Instructions.
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