7. The principal Order is amended by inserting, immediately after paragraph 50A, the following Part:“PART VB CARRIAGE OF MUNITIONS OF WAR AND DANGEROUS GOODS |
50B. In this Part, unless the context otherwise requires —“agent” means any person who undertakes the responsibilities or carries out any of the functions of an operator or a shipper, as the case may be, on behalf of the operator or shipper in relation to the carriage of munitions of war or dangerous goods; |
“dangerous goods” means any article or substance which is capable of posing a risk to health, safety, property or the environment and which is set out in the list of dangerous goods in the Technical Instructions or is classified as such according to the Technical Instructions; |
“dangerous goods accident” means any occurrence associated with and related to the transport or carriage of munitions of war or dangerous goods by air which results in fatal or serious injury to a person or major property damage; |
“dangerous goods incident” means any occurrence, other than a dangerous goods accident, which is associated with and related to the transport or carriage of munitions of war or dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained, and includes any occurrence relating to the transport or carriage of munitions of war or dangerous goods and which seriously jeopardises the aircraft or its occupants; |
“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; |
“munitions of war” means any weapons and ammunition designed for use in warfare or against any person, including any part designed for such weapons and ammunition; |
“serious injury” means any injury which is sustained by a person in an accident and which —(a) | requires hospitalisation for a period more than 48 hours, where such period commences within 7 days from the date the injury was sustained; | (b) | results in a fracture of any bone, other than a simple fracture of any finger, toe or nose; | (c) | involves lacerations which cause severe haemorrhage or nerve, muscle or tendon damage; | (d) | involves injury to any internal organ; | (e) | involves second or third degree burns, or any burns affecting more than 5% of the surface of the body; or | (f) | involves verified exposure to infectious substances or injurious radiation; |
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“State of Origin” means the State in the territory of which the cargo was first loaded on an aircraft; |
“Technical Instructions” means the English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation for the time being in force; |
“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. |
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Permit for carriage of munitions of war |
50C.—(1) An aircraft shall not carry or have loaded onto it as cargo any munitions of war unless —(a) | the operator of the aircraft has been granted a munitions of war permit under sub-paragraph (3); and | (b) | such goods are carried or loaded as cargo in accordance with —(i) | the Technical Instructions; and | (ii) | the conditions of the munitions of war permit granted under sub-paragraph (3). |
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(2) No person shall take, or cause to be taken, on board any aircraft or to deliver, or cause to be delivered, for loading or carriage thereon, any goods which he knows or suspects, or has reason to know or suspect, to be munitions of war unless the Technical Instructions have been complied with. |
(3) The Chief Executive may, subject to such conditions as he thinks fit, grant to the operator of any aircraft a munitions of war permit for the carriage of munitions of war on board the aircraft —(a) | on a single return flight (ad hoc permit); or | (b) | on 10 or more return flights over a period of 6 months (block permit). |
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(4) An application for a munitions of war permit under sub-paragraph (3) shall be submitted to the Chief Executive no later than 7 days before the relevant date of shipment and shall include the following information:(a) | the reason why it is essential for the munitions of war to be carried by air; | (b) | a proposal (including any safety control measures specified by the applicant) on achieving a level of safety equivalent to that provided by the instructions specified in the Technical Instructions; | (c) | the proposed proper shipping name, classification and UN number of the munitions of war with full supporting technical data; | (d) | the proposed packaging; | (e) | the quantity to be carried; | (f) | any special handling required and any special emergency response information; | (g) | names and addresses of the consignor and consignee; and | (h) | the airports of departure and destination and the proposed dates of shipment and routing. |
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Permit for carriage of dangerous goods |
50D.—(1) An aircraft shall not carry or have loaded onto it any dangerous goods unless —(a) | the operator of the aircraft has been granted a dangerous goods permit under sub-paragraph (3); and | (b) | such goods are carried or loaded as cargo in accordance with —(i) | the Technical Instructions; and | (ii) | the conditions of the dangerous goods permit granted under sub-paragraph (3). |
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(2) Subject to sub-paragraphs (5) and (6), no person shall take, or cause to be taken, on board any aircraft or deliver, or cause to be delivered, for loading or carriage thereon, any dangerous goods which he knows or suspects, or ought to know or suspect, to be dangerous goods unless the Technical Instructions have been complied with. |
(3) The Chief Executive may, subject to such conditions as he thinks fit, grant to the operator of any aircraft a dangerous goods permit for the carriage of dangerous goods on board the aircraft —(a) | on a single return flight (ad hoc permit); or | (b) | on 10 or more return flights over a period of 6 months (block permit). |
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(4) An application for a dangerous goods permit under sub-paragraph (1) shall be submitted to the Chief Executive no later than 7 days before the relevant date of shipment. |
(5) Sub-paragraph (2) shall not apply to dangerous goods that are carried in compliance with sub-paragraph (6) and that are —(a) | required to be aboard the aircraft in accordance with the relevant airworthiness and technical requirements or that are authorised by the State of the operator to meet special requirements; | (b) | required for providing, during flight, medical aid to a patient; | (c) | required for providing, during flight, veterinary aid or a humane killer for an animal; | (d) | required for providing, during flight, aid in connection with search and rescue operations; | (e) | permitted for carriage by passengers or crew members in accordance with sub-paragraph (6)(c); | (f) | intended for use or sale during the flight in question; | (g) | vehicles carried in aircraft designed or modified for vehicle ferry operations; or | (h) | required for the propulsion of the means of transport or the operation of its specialised equipment during transport such as refrigeration units or that are required in accordance with any technical requirements such as fire extinguishers. |
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(6) The goods specified in sub-paragraph (5) shall be carried in accordance with Part V of the Nineteenth Schedule, the applicable paragraphs of Part 1 of the Technical Instructions and the following sub-paragraphs:(a) | the goods specified in sub-paragraph (5)(a) shall only be carried on board an aircraft —(i) | if they are required to be carried on the aircraft by or under this Order or are otherwise intended for use on the aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, 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, if they comply with paragraph 2.2.2 of Part 1 of the Technical Instructions; |
| (b) | the goods specified in sub-paragraph (5)(b) and (c) shall only be carried on board an aircraft if ––(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 onto 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; |
| (c) | the goods specified in sub-paragraph (5)(e) shall only be carried by passengers or crew members on board an aircraft if they comply with the provisions in Part 8 of the Technical Instructions; | (d) | the goods specified in sub-paragraph (5)(f) shall only be carried on board an aircraft if the Technical Instructions identify them as being items which can be carried on the aircraft for sale or use during a flight or, when they are intended as replacements for such items or have been removed for replacement, they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions. |
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Responsibilities of operator and shipper |
50E.—(1) Every operator of an aircraft, including his agent, who has been granted a munitions of war permit under paragraph 50C or a dangerous goods permit under paragraph 50D shall comply with the relevant provisions of Parts II, IV and V of the Nineteenth Schedule.(2) Every shipper, including his agent, who intends to consign any munitions of war or dangerous goods for carriage by air shall comply with the relevant provisions of Parts III and IV of the Nineteenth Schedule. |
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Power to inspect, examine and obtain samples, etc. |
50F.—(1) An authorised person may inspect, examine and take samples of any goods which the authorised person has reasonable grounds to suspect may be munitions of war or dangerous goods in respect of which any provision of this Part, the Technical Instructions or the Nineteenth Schedule have not been complied with.(2) 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 munitions of war or dangerous goods in respect of which any provision of this Part, the Technical Instructions or the Nineteenth Schedule have not been complied with. |
(3) An authorised person may —(a) | enter at any time any premises occupied by any person —(i) | for the purposes of carrying out his duties under sub-paragraphs (1) and (2); or | (ii) | for the purpose of ascertaining whether there is, or has been, a contravention of any provision of this Part, the Technical Instructions or the Nineteenth Schedule; |
| (b) | inspect any book, document or other record relating to the loading or carriage of any munitions of war or dangerous goods which he reasonably suspects may be in contravention of any provision of this Part, the Technical Instructions or the Nineteenth Schedule; and | (c) | take photographs of the premises, goods, baggage, package and any other property or material found thereon. |
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(4) No person shall refuse to give access to, or wilfully obstruct, hinder or delay, any authorised person in the performance and execution of any matter or thing which he is authorised to do. |
(5) Subject to paragraph (6), any sample taken by an authorised person under this paragraph shall be retained for so long as the Chief Executive considers necessary in all the circumstances and shall be disposed of in such manner as the Chief Executive considers appropriate in all the circumstances. |
(6) Without prejudice to the generality of sub-paragraph (5), any sample taken under this paragraph may be retained —(a) | for use as evidence at a trial for an offence; or | (b) | for forensic examination or for investigation in connection with an offence. |
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Reporting and investigation of occurrences |
50G.—(1) The operator of a Singapore aircraft shall report to the Chief Executive, in accordance with sub-paragraphs (3), (4) and (5), any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared munitions of war or dangerous goods in cargo or passenger’s baggage on board any aircraft operated by that operator.(2) An operator of any aircraft, other than a Singapore aircraft, shall report to the Chief Executive, in accordance with sub-paragraphs (3), (4) and (5), any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared munitions of war or dangerous goods in cargo or passenger’s baggage on board any aircraft that is operated by that operator and that lands in or departs from Singapore. |
(3) A report required under paragraph (1) or (2) shall contain such of the following information as is appropriate to the occurrence:(a) | date of the occurrence; | (b) | State of the operator; | (c) | State of Origin; | (d) | State of registry; | (e) | location of the occurrence, flight number and flight date; | (f) | description of the goods and the reference number of the air waybill, pouch, baggage tag and ticket; | (g) | proper shipping name (including the technical name, if applicable); | (h) | UN or ID number, whichever is applicable; | (i) | class or division of the goods in accordance with the Technical Instructions and any subsidiary risk; | (j) | type of packaging and the packaging specification marking; | (k) | quantity of the munitions of war or dangerous goods; | (l) | name and address of the shipper or passenger; | (m) | suspected cause of the occurrence; | (n) | action taken upon discovery of the occurrence, including any mitigation measures; | (o) | any serious injury, death or damage of property caused by the occurrence; | (p) | any other reporting action taken; | (q) | name, title, address and contact number of the reporter; | (r) | any other relevant details. |
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(4) Subject to sub-paragraph (5), a report containing as much of the information referred to in sub-paragraph (3) as is in his possession shall be despatched in a form specified by the Chief Executive, and by the quickest available means within 24 hours of the occurrence coming to the knowledge of the person making the report. |
(5) Where any information referred to in sub-paragraph (3) is not in the possession of the person making a report under sub-paragraph (1) or (2), that person shall despatch the information in a form as specified by the Chief Executive, and by the quickest available means within 24 hours of the information coming into his possession. |
(6) Where any dangerous goods accident, dangerous goods incident or the finding of any undeclared or misdeclared munitions of war or dangerous goods in cargo or passenger’s baggage on board any aircraft is reported to the Chief Executive under sub-paragraph (1) or (2), the Chief Executive shall cause an investigation to be made in such manner as he thinks necessary. |
(7) For the purposes of any investigation under sub-paragraph (6), any authorised person carrying out the investigation may —(a) | require such persons as he thinks necessary to answer any question, furnish any information or produce any document, paper or article, and retain any such document, paper or article until the completion of the investigation; | (b) | have access to and examine any consignment of goods; and | (c) | enter and inspect any place as he thinks necessary for the purposes of the investigation. |
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(8) In this paragraph, “undeclared or misdeclared munitions of war or dangerous goods” means munitions of war or dangerous goods which are not declared or inaccurately declared in the relevant dangerous goods transport document referred to in the Nineteenth Schedule. |
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Exemption from the provisions of Technical Instructions |
50H.—(1) For the purposes of —(a) | paragraphs 50C, 50D and 50E; and | (b) | paragraphs 1, 3, 4 and 7 of Part II, paragraph 1 of Part III and paragraphs 1 and 2 of Part IV of the Nineteenth Schedule, |
the Chief Executive may exempt any person, including any operator or shipper, from any provision of the Technical Instructions referred to in any of those provisions, either absolutely or subject to such conditions as he thinks fit. |
(2) An application for an exemption under sub-paragraph (1) shall be made in writing and shall include any documents or information as the Chief Executive may require. |
(3) Any person who is granted an exemption under sub-paragraph (1) shall —(a) | provide a certified true copy of the exemption granted to the operator of the aircraft on which the munitions of war or dangerous goods are to be carried or loaded; and | (b) | attach the relevant exemption documents to the dangerous goods transport document which accompanies the munitions of war or dangerous goods. |
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(4) An exemption granted under sub-paragraph (1) shall be valid for a period of 2 years or such shorter period as the Chief Executive may determine in any particular case. |
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No derogation from paragraph 50C |
50I. Paragraphs 50D, 50E and 50G shall be additional to and not in derogation from paragraph 50C.”. |
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