PART 2 | CARRIAGE OF DANGEROUS GOODS BY AIR |
| Division 1 — Dangerous goods permit |
| Dangerous goods permit needed if not otherwise authorised |
5.—(1) An operator of an aircraft operated for the purpose of commercial air transport without any authorisation granted with respect to transport of dangerous goods by air under regulation 14 of the ANR‑121 or regulation 14 of the ANR‑135, must not do any of the following except under the authority of and in accordance with a dangerous goods permit that is in force:| (a) | load, or cause or permit the loading of, any dangerous goods as cargo onto the aircraft; | | (b) | use, or cause or permit the use of, the aircraft to carry any dangerous goods as cargo. |
| (2) Nothing in paragraph (1) applies to the carriage by or loading onto an aircraft of any dangerous goods where the operator of the aircraft has diplomatic clearance from the Government to land the aircraft in Singapore. |
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| Application for dangerous goods permit |
6.—(1) An application for a dangerous goods permit must be made to the Authority in accordance with this regulation.(2) An application for a dangerous goods permit must —| (a) | be made at least 7 days before the date on which the applicant’s loading or carriage of dangerous goods as cargo on an aircraft is to start or is intended to start; | | (b) | be made in the form and manner required by the Authority; and | | (c) | be accompanied by the following information and documents, in the form required by the Authority:| (i) | the name of the applicant; | | (ii) | the name and contact details of the person employed by the applicant to have overall responsibility for the loading or carriage of dangerous goods on the aircraft at the applicant’s operating base; | | (iii) | the name and contact details of the person employed by the applicant to have overall responsibility for the applicant’s loading or carriage of dangerous goods on an aircraft in Singapore; | | (iv) | the name and contact details of the agent appointed by the applicant to handle dangerous goods on behalf of the applicant; | | (v) | any relevant sections of the applicant’s Operations Manual and all other relevant documentation that are, in the Authority’s opinion, necessary to ensure that the applicant has established procedures to comply with the requirements in the Technical Instructions; | | (vi) | the classes or divisions of dangerous goods (in accordance with the Technical Instructions) that the applicant intends to load onto or carry on the aircraft; | | (vii) | any other information and documents that the Authority may require to decide on the application. |
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(3) The Authority may refuse to consider an application for a dangerous goods permit that is —| (a) | incomplete; or | | (b) | not made in accordance with paragraph (2). |
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| Grant and validity of dangerous goods permit |
7.—(1) After considering any application for a dangerous goods permit, the Authority may —| (a) | grant the dangerous goods permit, subject to any conditions that the Authority thinks fit; or | | (b) | refuse to grant the application. |
(2) Before granting a dangerous goods permit, and the conditions to impose, the Authority must be satisfied that —| (a) | the applicant is authorised by the State of the operator to transport dangerous goods by air as cargo on its aircraft; | | (b) | the applicant’s dangerous goods training programmes are approved by the State of the operator; and | | (c) | the applicant has established procedures in its Operations Manual to ensure compliance with the requirements in the Technical Instructions. |
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| (3) A dangerous goods permit remains in force for the period specified in the permit, which must not in any case exceed 6 months. |
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Division 2 — Additional approval for transport of certain dangerous goods |
| Regulation 10 approval also needed for transport of certain dangerous goods |
8.—(1) This Division applies in relation to the transport of dangerous goods that the Technical Instructions specify the transport thereof on an aircraft or for other purposes provided for in the Technical Instructions must be authorised by an approval of the appropriate authority of the State of Origin and the State of the operator (called in these Regulations specified dangerous goods).(2) Without limiting regulation 5 —| (a) | a Singapore operator of an aircraft; | | (b) | an operator of a Singapore registered aircraft operated for the purpose of general aviation; or | | (c) | a shipper of specified dangerous goods by air or an agent of the shipper, as the case may be, |
| must not transport, or cause or permit the transport of, any specified dangerous goods on the aircraft except under the authority of and in accordance with a regulation 10 approval in respect of that transport. |
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(3) A person that contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| Application for regulation 10 approval |
9.—(1) An application for a regulation 10 approval must be made to the Director‑General of Civil Aviation in accordance with this regulation.(2) An application for a regulation 10 approval must —| (a) | be made at least 14 days before the relevant date of shipment of the specified dangerous goods to which the approval relates; | | (b) | be made in the form and manner required by the Director‑General of Civil Aviation; and | | (c) | be accompanied by any information and documents that the Director‑General of Civil Aviation may require to decide on the application. |
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(3) The Director‑General of Civil Aviation may refuse to consider an application for a regulation 10 approval that is —| (a) | incomplete; or | | (b) | not made in accordance with paragraph (2). |
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| Grant and validity of regulation 10 approval |
10.—(1) After considering any application for a regulation 10 approval, the Director‑General of Civil Aviation may —| (a) | grant the regulation 10 approval, subject to any conditions that the Director‑General of Civil Aviation thinks fit; or | | (b) | refuse to grant the application. |
| (2) To avoid doubt, a regulation 10 approval granted is not an aviation safety instrument. |
(3) The Director‑General of Civil Aviation may withdraw a regulation 10 approval granted, or may impose, add, delete, substitute or modify any conditions in respect of a regulation 10 approval, if —| (a) | the Director‑General of Civil Aviation considers such action necessary to ensure compliance with these Regulations or any other relevant aviation safety subsidiary legislation; or | | (b) | the Director‑General of Civil Aviation is satisfied that there is or is likely to be a failure to comply with these Regulations or any other relevant aviation safety subsidiary legislation. |
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| (4) A regulation 10 approval granted is valid for the period (not exceeding one year) that the Director‑General of Civil Aviation may determine. |
(5) A person granted a regulation 10 approval must —| (a) | provide a copy of the approval to the operator of any aircraft on which the specified dangerous goods are to be transported; | | (b) | attach the approval to the dangerous goods transport document which accompanies the specified dangerous goods; and | | (c) | upon request, provide a copy of the regulation 10 approval to the States concerned. |
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(6) In paragraph (5)(c), “States concerned” means, unless otherwise specified in the Technical Instructions —| (a) | the State of Origin; and | | (b) | the State of the operator. |
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(7) A person that contravenes paragraph (5) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $20,000. |
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| Division 3 — Compliance with Technical Instructions |
| Technical Instructions to bind all carriage of dangerous goods |
11.—(1) Subject to paragraph (2), an operator of an aircraft must not —| (a) | load, or cause or permit the loading of, any dangerous goods as cargo onto the aircraft; or | | (b) | use, or cause or permit the use of, the aircraft to carry any dangerous goods as cargo, |
| except in accordance with the Technical Instructions. |
(2) A person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| (3) To avoid doubt, this regulation applies to any operator of an aircraft even if granted an authorisation with respect to transport of dangerous goods by air under regulation 14 of the ANR‑121 or regulation 14 of the ANR‑135. |
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| Compliance with Technical Instructions |
12.—(1) A person other than a passenger or crew member on an aircraft must not —| (a) | take, or cause to be taken, on board any aircraft any article or substance which the person knows or suspects, or ought reasonably to know or suspect, to be dangerous goods; or | | (b) | deliver, or cause to be delivered, for loading onto or carriage on any aircraft any article or substance which the person knows or suspects, or ought reasonably to know or suspect, to be dangerous goods, |
| except in accordance with the Technical Instructions. |
| (2) A person who is a passenger or crew member on an aircraft must not carry, or cause to be carried, on board the aircraft any dangerous goods (whether on the person or in the person’s checked baggage or carry‑on articles) except in accordance with Part 8 of the Technical Instructions. |
(3) A person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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(4) A person that contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $20,000. |
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(5) In proceedings for an offence under paragraph (4) against —| (a) | an accused who carried or caused to be carried on board an aircraft an object or a thing in the person’s checked baggage and the object or thing is any dangerous goods; or | | (b) | an accused on board an aircraft who carried or has an object or a thing on his or her person (including something carried or worn by the person), and the object or thing is any dangerous goods, |
| it is not necessary for the prosecution to prove that the accused knew or had reason to believe that the object or thing was that dangerous goods or any dangerous goods. |
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| Absolutely forbidden goods for air transport |
13.—(1) A person must not offer or accept for transport by air by that person any articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport under any circumstances on any aircraft.(2) A person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| Division 4 — Dangerous goods in air mail |
| Dangerous goods in air mail |
14.—(1) A person must not accept dangerous goods as or in mail to convey or deliver by post by air unless the person is a public postal operator acting in accordance with this regulation.(2) A public postal operator may accept any dangerous goods as or in mail to convey or deliver by post by air only if —| (a) | the dangerous goods are of the kind permitted under the Technical Instructions to be carried by air as mail; | | (b) | the public postal operator —| (i) | has in place procedures (which are approved by the Director‑General of Civil Aviation) for controlling the introduction of such dangerous goods in air transport; and | | (ii) | complies with the provisions of regulation 19; and |
| | (c) | where the dangerous goods are lithium batteries contained in equipment, the public postal operator does so in accordance with an approval granted by the Director‑General of Civil Aviation to the public postal operator in respect of any such dangerous goods (called in these Regulations lithium batteries approval). |
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(3) A person that contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| (4) To avoid doubt, nothing in this regulation authorises the conveyance, despatch or delivery by post of any article or substance that is prohibited by or under the Postal Services Act 1999. |
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| Lithium batteries approval |
15.—(1) An application by a public postal operator for any lithium batteries approval must —| (a) | be made to the Director‑General of Civil Aviation at the time and in the form and manner required by the Director‑General of Civil Aviation; and | | (b) | be accompanied by any information and documents that the Director‑General of Civil Aviation may require to decide on the application. |
(2) The Director‑General of Civil Aviation may refuse to consider an application for any lithium batteries approval that is —| (a) | incomplete; or | | (b) | not made in accordance with paragraph (1). |
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(3) After considering any application by a public postal operator for any lithium batteries approval, the Director‑General of Civil Aviation may —| (a) | grant the lithium batteries approval to the public postal operator, subject to any conditions that the Director‑General of Civil Aviation thinks fit; or | | (b) | refuse to grant the application. |
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| (4) Any lithium batteries approval granted under paragraph (3)(a) is valid for the period (not exceeding one year) that the Director‑General of Civil Aviation may determine. |
(5) The Director‑General of Civil Aviation may withdraw any lithium batteries approval, or impose, add, delete, substitute or modify any conditions in respect of any such approval, if —| (a) | the Director‑General of Civil Aviation considers such action necessary to ensure compliance with these Regulations or any other relevant aviation safety subsidiary legislation; or | | (b) | the Director‑General of Civil Aviation is satisfied that there is or is likely to be a failure to comply with these Regulations or any other relevant aviation safety subsidiary legislation. |
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| (6) To avoid doubt, a lithium batteries approval granted under paragraph (3)(a) is not an aviation safety instrument. |
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| Division 5 — Packaging for dangerous goods |
| Packaging for dangerous goods |
16.—(1) A person must not —| (a) | mark, label or certify any packaging that is used or intended to be used to contain any dangerous goods as meeting the requirements of the Technical Instructions; or | | (b) | offer any packaging that is used or intended to be used to contain any dangerous goods for carriage by air, |
| unless the packaging is manufactured, fabricated, marked, maintained, reconditioned, repaired, tested and approved (as the case may be) in accordance with the Technical Instructions. |
(2) A person that —| (a) | marks or labels any package or overpack containing any dangerous goods for carriage by air; or | | (b) | offers any package or overpack that is used or intended to be used to contain any dangerous goods for carriage by air, |
| must do so in accordance with the Technical Instructions. |
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(3) A person that contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| Division 6 — Operator’s and shipper’s responsibilities |
| Operator’s responsibilities |
17.—(1) An operator of an aircraft, or an agent of an operator of an aircraft, must not accept any dangerous goods for carriage on the aircraft unless —| (a) | the dangerous goods are accompanied by a completed and properly executed dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required; and | | (b) | the package, overpack or freight container containing the dangerous goods has been inspected, and all accompanying transport documents have been verified, in accordance with the acceptance procedures contained in the Technical Instructions. |
(2) For an inspection required by paragraph (1)(b), an operator of an aircraft on which any dangerous goods are to be loaded or carried, or an agent of any such operator, must —| (a) | develop and use an acceptance checklist; | | (b) | ensure that the acceptance checklist is in a form, and provides for the recording of any details, that enables the inspection to be fully and accurately made by reference to the completion of the acceptance checklist; and | | (c) | ensure that the identity of the person that performed the inspection and the results of the inspection are recorded in the acceptance checklist. |
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(3) An operator of an aircraft on which any dangerous goods are to be loaded or carried, or an agent of any such operator, must ensure that —| (a) | all packages and overpacks containing dangerous goods and freight containers containing radioactive materials are —| (i) | loaded, properly secured and stowed on the aircraft in accordance with the Technical Instructions; and | | (ii) | while in transit, handled and stored in accordance with the Technical Instructions; |
| | (b) | before any package or overpack containing dangerous goods or any freight container containing radioactive materials is loaded on the aircraft or into any unit load device that is to be loaded on the aircraft, the package, overpack or freight container (as the case may be) is first inspected and found free from any evidence of leakage or damage; | | (c) | any leaking or damaged packages, overpacks or freight containers are not loaded on the aircraft; | | (d) | before any unit load device containing any dangerous goods or radioactive materials is loaded on an aircraft, the unit load device is first inspected and found free from any evidence of leakage or damage; | | (e) | where any package or overpack containing dangerous goods that is loaded on the aircraft appears to be leaking or damaged —| (i) | the leaking or damaged package or overpack is removed, without delay, from the aircraft by an appropriate authority or organisation; | | (ii) | no other package or baggage on the aircraft has been contaminated by the leaking or damaged package or overpack; and | | (iii) | where the leaking or damaged package or overpack is part of a consignment, the remainder of the consignment is in a proper condition for carriage by air; |
| | (f) | upon unloading any package or overpack containing dangerous goods or any freight container containing radioactive materials from the aircraft or a unit load device —| (i) | the package, overpack or freight container (as the case may be) is inspected for any evidence of leakage or damage; and | | (ii) | if any evidence of leakage or damage is found during an inspection mentioned in sub‑paragraph (i), the part of the aircraft where the package, overpack or freight container was stowed is inspected for contamination or damage by the leaking or damaged package, overpack or freight container; |
| | (g) | any dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck of the aircraft, except in circumstances permitted by the provisions of the Technical Instructions; | | (h) | any hazardous contamination found on the aircraft as a result of leakage or damage to dangerous goods is removed without delay; | | (i) | if the aircraft is contaminated by radioactive materials, the aircraft is immediately taken out of service and not returned to service until the radiation level at any accessible surface and the non‑fixed contamination do not exceed the values specified in the Technical Instructions; | | (j) | any packages containing dangerous goods which might react dangerously one with another are not stowed on the aircraft next to each other or in a position that would allow interaction between them in the event of leakage; | | (k) | any packages of radioactive materials on the aircraft are stowed in such a manner that the packages are separated from persons, live animals and undeveloped film, in accordance with the Technical Instructions; | | (l) | any dangerous goods on the aircraft are secured in such a manner that prevents any movement in flight which would change the orientation of the packages, or which would cause damage to the packages; | | (m) | any packages containing radioactive materials are adequately secured so as to ensure, at all times, compliance with the separation requirements specified in the Technical Instructions; and | | (n) | any packages of dangerous goods bearing the “Cargo aircraft only” label are loaded on the aircraft in accordance with the provisions in the Technical Instructions. |
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(4) An operator of an aircraft on which any dangerous goods are carried, or an agent of any such operator, must retain, for at least 3 months after the flight on which the dangerous goods were carried, at least one copy of —| (a) | the completed and properly executed dangerous goods transport document required by paragraph (1)(a) in respect of the dangerous goods, except where the Technical Instructions indicate that such a document is not required; | | (b) | the acceptance checklist required by paragraph (2) in respect of the dangerous goods; and | | (c) | the written information provided to the pilot‑in‑command of the aircraft required by regulation 25(1)(a). |
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(5) A person that contravenes paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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(6) A person that contravenes paragraph (4) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $20,000. |
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| Shipper’s responsibilities |
18.—(1) Before a shipper, or an agent of a shipper, consigns any dangerous goods for carriage by air, the shipper or its agent must —| (a) | ensure that the dangerous goods are not forbidden for carriage by air in any circumstances under the provisions of the Technical Instructions; | | (b) | ensure that the dangerous goods are properly classified, packed, marked, labelled and accompanied by a completed and properly executed dangerous goods transport document, as specified in the Technical Instructions; | | (c) | unless otherwise provided for in the Technical Instructions —| (i) | complete and execute the dangerous goods transport document with respect to the dangerous goods, which must —| (A) | contain the information required by the Technical Instructions; | | (B) | be in the English language; and | | (C) | include a declaration, signed by the shipper or its agent, that the dangerous goods are fully and accurately described by their proper shipping names and that the dangerous goods are classified, packed, marked, labelled, and in proper condition for carriage by air in accordance with the Technical Instructions; and |
| | (ii) | provide the completed and duly executed dangerous goods transport document to the operator of the aircraft on which the dangerous goods are to be carried, or to the agent of that operator; and |
| | (d) | provide to their employees —| (i) | all such information that is necessary to enable the employees to carry out their responsibilities with regard to the carriage of the dangerous goods; and | | (ii) | instructions as to the action to be taken in the event of any emergency involving the dangerous goods. |
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(2) A shipper that consigns any dangerous goods for carriage by air must retain, for at least 3 months after the flight on which the dangerous goods were carried —| (a) | a copy of the completed and properly executed dangerous goods transport document required by paragraph (1) in respect of the dangerous goods, except where the Technical Instructions indicate that such a document is not required; and | | (b) | any other documents or information specified in the Technical Instructions. |
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| (3) Any document or information mentioned in paragraph (2)(a) or (b) may be kept in electronic form so long as the document or information is capable of being reproduced in a printed form. |
(4) A person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but | | (b) | where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
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(5) A person that contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction —| (a) | for a first offence — to a fine not exceeding $10,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $20,000. |
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