PART 3 | Requirement for dangerous goods training programme approval |
19.—(1) A person must hold a valid dangerous goods training programme approval if the person is —| (a) | a ground handling agency in Singapore which performs, on behalf of —| (i) | any foreign operator carrying out any commercial air transport operation into or from Singapore; or | | (ii) | an AOC holder, |
| the act of accepting, handling, loading, unloading, transferring or other processing of cargo, mail or stores; |
| | (b) | a ground handling agency in Singapore and located at an airport, which performs, on behalf of —| (i) | any foreign operator carrying out any commercial air transport operation; or | | (ii) | an AOC holder, |
| the act of processing passengers; |
| | (c) | an agency in Singapore and not located at an airport, which performs, on behalf of —| (i) | any foreign operator carrying out any commercial air transport operation; or | | (ii) | an AOC holder, |
| the act of checking in passengers; |
| | (d) | an agency in Singapore which performs, on behalf of —| (i) | any foreign operator carrying out any commercial air transport operation; or | | (ii) | an AOC holder, |
| the security screening of cargo, mail, stores, passengers or baggage; or |
| | (e) | a public postal operator. |
(2) A person that is required to hold a valid dangerous goods training programme approval under paragraph (1) (called in this regulation a responsible person) must —| (a) | establish a dangerous goods training programme; | | (b) | where the responsible person is a public postal operator, ensure that the contents of the dangerous goods training programme mentioned in sub‑paragraph (a) are in accordance with Table 1‑4 of the Technical Instructions; | | (c) | obtain a dangerous goods training programme approval for the dangerous goods training programme mentioned in sub‑paragraph (a); | | (d) | maintain the approved dangerous goods training programme; | | (e) | ensure that each of the responsible person’s employees who is responsible for performing any function aimed at ensuring that dangerous goods are transported in accordance with the Technical Instructions (called in this regulation a relevant employee) —| (i) | undergoes approved dangerous goods training that —| (A) | is commensurate with the relevant employee’s responsibilities in relation to that function; and | | (B) | includes general familiarisation training, function‑specific training and safety training as specified in the Technical Instructions; |
| | (ii) | is competent to perform that function; | | (iii) | undergoes approved dangerous goods training on a recurrent basis within the duration specified in the Technical Instructions; and | | (iv) | upon completion of any approved dangerous goods training, passes a test to verify that the relevant employee understands the content of the approved dangerous goods training; |
| | (f) | maintain records of training undergone by every one of its relevant employees, being records in the form and kept in the manner in conformity with the Technical Instructions; and | | (g) | provide the Director‑General of Civil Aviation with any of those records the Director‑General of Civil Aviation requires for the purposes of these Regulations. |
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(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 $20,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months 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) | for a first offence — to a fine not exceeding $20,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both. |
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| Application for dangerous goods training programme approval |
20.—(1) An application for a dangerous goods training programme approval must be made to the Director‑General of Civil Aviation in accordance with this regulation.(2) An application for a dangerous goods training programme approval must —| (a) | be made in the form and manner required by the Director‑General of Civil Aviation; and | | (b) | be accompanied by —| (i) | the dangerous goods training programme that is the subject of the application; and | | (ii) | 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 dangerous goods training programme approval that is —| (a) | incomplete; or | | (b) | not made in accordance with paragraph (2). |
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| Grant and validity of dangerous goods training programme approval |
21.—(1) After considering any application for a dangerous goods training programme approval, the Director‑General of Civil Aviation may —| (a) | grant a dangerous goods training programme 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 dangerous goods training programme approval granted by the Director‑General of Civil Aviation under paragraph (1)(a) is not an aviation safety instrument. |
(3) The Director‑General of Civil Aviation may withdraw a dangerous goods training programme approval granted under paragraph (1)(a) or impose, add, delete, substitute or modify any conditions in respect of any such dangerous goods training programme approval if the Director‑General of Civil Aviation —| (a) | considers such action necessary to ensure compliance with these Regulations or any other relevant aviation safety subsidiary legislation; or | | (b) | 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 dangerous goods training programme approval granted under paragraph (1)(a) is valid for the period (not exceeding 2 years) that the Director‑General of Civil Aviation may determine. |
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| Responsibilities of shipper with regard to dangerous goods training |
22.—(1) A shipper of dangerous goods (including any packer, freight forwarder or person that undertakes the responsibilities of a shipper of dangerous goods) must —| (a) | establish and maintain a dangerous goods training programme; | | (b) | ensure that each of its employees who is responsible for performing any function aimed at ensuring that dangerous goods are transported in accordance with the Technical Instructions (called in this regulation the relevant employee) —| (i) | undergoes dangerous goods training in accordance with the dangerous goods training programme mentioned in sub‑paragraph (a) that —| (A) | is commensurate with the relevant employee’s responsibilities in relation to that function; and | | (B) | includes general familiarisation training, function‑specific training and safety training as specified in the Technical Instructions; |
| | (ii) | is competent to perform that function; | | (iii) | undergoes dangerous goods training on a recurrent basis within the duration specified in the Technical Instructions; and | | (iv) | upon completion of any dangerous goods training, passes a test to verify that the relevant employee understands the content of the dangerous goods training; |
| | (c) | maintain records of training undergone by every one of its relevant employees, being records in the form and kept in the manner in conformity with the Technical Instructions; and | | (d) | provide the Director‑General of Civil Aviation with any of those records of training when requested to do so. |
(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 $20,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both. |
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| Responsibilities of operator with regard to dangerous goods training |
23.—(1) An operator, other than an AOC holder, must —| (a) | ensure that every one of its relevant personnel —| (i) | undergoes dangerous goods training in accordance with the Technical Instructions; | | (ii) | is competent to perform that relevant function; | | (iii) | undergoes dangerous goods training on a recurrent basis within the duration specified in the Technical Instructions; and | | (iv) | upon completion of any dangerous goods training, passes a test to verify that the relevant employee understands the content of the dangerous goods training; |
| | (b) | maintain records of training undergone by every one of its relevant personnel, being records in the form and kept in the manner in conformity with the Technical Instructions; and | | (c) | provide the Director‑General of Civil Aviation with any of those records of training when requested to do so. |
(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 $20,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both. |
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(3) In paragraph (1) —| “relevant function” means any function aimed at ensuring that dangerous goods are transported in accordance with the Technical Instructions; |
“relevant personnel”, in relation to an operator, means —| (a) | for a foreign operator — any crew member operating an aircraft to or from Singapore, an employee of the foreign operator or an agent of the operator in Singapore, who is responsible for performing any relevant function; or | | (b) | for a Singapore operator (other than an AOC holder) or an operator of a Singapore registered aircraft for the purpose of general aviation — any crew member operating the aircraft or an employee or agent of such an operator, who is responsible for performing any relevant function. |
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| Division 2 — Reporting of occurrences |
24.—(1) A Singapore operator, or an operator of a Singapore registered aircraft operated for the purpose of general aviation, must report to the Director‑General of Civil Aviation, in accordance with paragraphs (3), (4) and (5) —| (a) | any dangerous goods accident or dangerous goods incident involving any aircraft operated by that operator; | | (b) | the finding of any undeclared or misdeclared dangerous goods in any cargo, mail or baggage —| (i) | that originate from any State; and | | (ii) | that are, or are intended for transportation, on board any aircraft operated by that operator; |
| | (c) | the finding of any dangerous goods —| (i) | that are or have been carried on any aircraft operated by that operator; and | | (ii) | that were not loaded, segregated, separated or secured in accordance with the Technical Instructions; or |
| | (d) | the finding of any dangerous goods —| (i) | that are or have been carried on any aircraft operated by that operator; and | | (ii) | information of which was not provided to the pilot‑in‑command of the aircraft as required under regulation 25(1)(a) or in accordance with the Technical Instructions. |
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(2) A foreign operator must report to the Director‑General of Civil Aviation, in accordance with paragraphs (3), (4) and (5) —| (a) | any dangerous goods accident or dangerous goods incident involving any aircraft operated by that foreign operator that lands in or departs from Singapore; or | | (b) | the finding of any undeclared or misdeclared dangerous goods in any cargo, mail or baggage —| (i) | that originate from or are destined for Singapore, or that are in transit in Singapore; and | | (ii) | that are, or are intended for transportation, on board any aircraft operated by that foreign operator. |
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(3) A report required under paragraph (1) or (2) must contain the following information (as appropriate to the occurrence that is the subject of the report):| (a) | the date of the occurrence; | | (b) | the State of the operator; | | (c) | the State of Origin; | | (d) | the State of registry; | | (e) | the location of the occurrence, flight number and flight date; | | (f) | the description of the dangerous goods and the reference number of the air waybill, pouch, baggage tag or ticket, as the case may be; | | (g) | the proper shipping name (including the technical name, if applicable) of the dangerous goods; | | (h) | the UN number or ID number (as the case may be) of the dangerous goods; | | (i) | the class or division of the dangerous goods in accordance with the Technical Instructions, and any subsidiary hazard; | | (j) | the type of packaging and the packaging specification marking; | | (k) | the quantity of the dangerous goods; | | (l) | the name and address of the shipper or passenger involved, as the case may be; | | (m) | the suspected cause of the occurrence; | | (n) | the 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) | the name, title, address and contact number of the person making the report; | | (r) | any other relevant details. |
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| (4) Subject to paragraph (5), a report containing as much of the information mentioned in paragraph (3) as is in the possession of the person making the report must be despatched in a form specified by the Director‑General of Civil Aviation, 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 mentioned in paragraph (3) is not in the possession of the person making a report under paragraph (1) or (2), that person must despatch the information in a form as specified by the Director‑General of Civil Aviation, and by the quickest available means within 24 hours of the information coming into that person’s possession. |
| (6) Where any dangerous goods accident, dangerous goods incident or the finding of any undeclared or misdeclared dangerous goods in cargo, mail or baggage on board any aircraft is reported to the Director‑General of Civil Aviation under paragraph (1) or (2), the Director‑General of Civil Aviation may cause an investigation to be made in any manner that he or she thinks necessary. |
(7) 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 $20,000; but | | (b) | where the person is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both. |
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(8) 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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(9) 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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