CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (DANGEROUS GOODS) REGULATIONS
(section 89)
(23rd March, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. General application
PART II
Requirements for Carriage of Dangerous Goods
4. Approval or certificate required to carry dangerous goods
5. Application for certificate to carry dangerous goods
6. Application for approval to carry dangerous goods
7. Renewal of certificate to carry dangerous goods
8. Issue of duplicate certificate
9. Revocation of certificate or approval to carry dangerous gooc
10. Variation of certificate to carry dangerous goods
11. Validation of foreign certificate or approval
12. Prohibition of carriage of dangerous goods
PART III
Operators Obligations
13. Provision of information by operator to crew, etc.
14. Acceptance of dangerous goods by operator
15. Exemption
16. Method of loading by operator
16A. Packaging
16B. Labelling and marking
17. Inspections by operator for damage, leakage or contamination
18. Separation of dangerous goods
18A. Securing of dangerous goods
18B. Removal of contamination
19. Provision of information and training programmes
20. Provision of information to passengers
21. Provision of information in respect of cargo
21A. Dangerous goods by mail
PART IV
Shippers Responsibilities
22. Shippers responsibilities
23. Dangerous goods transport document
23A. Aircraft accident and incident
24. Provision of training
24A. Establishment of training programmes
24B. Approval of training programmes
PART V
Documents, Records and Enforcement Powers
25. Keeping of documents and records
26. Production of documents and records
27. Power of seizure and examination
27A. Compliance and enforcement
PART VI
General
28. Occurrence reporting
29. Pilot-in-command's duty to inform air traffic services
29A. Dangerous goods security provisions
29B. Enforcement
30. Flying for agricultural, horticultural, forestry, etc.
SCHEDULE 1
SCHEDULE 2
S.I. 18, 2012,
S.I. 71, 2022.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Dangerous Goods) Regulations.
In these Regulations, unless the context otherwise requires—
"acceptance checklist" 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;
"approval" means an authorisation issued by an appropriate national authority for—
(a) the transport of dangerous goods forbidden on passenger or cargo aircraft where the Technical Instructions state that such goods may be carried with approval; and
(b) other purposes as provided for in the Technical Instructions;
"authorised person" means an employee of the Authority or any delegated person duly authorised as such by the Authority;
"cargo aircraft" means an aircraft which carries goods or movable property but not passengers and for purposes of these Regulations, the following are not considered to be passengers—
(a) crew member;
(b) operators employee permitted to be carried by, and carried in accordance with the instructions contained in the operations manual;
(c) an authorised representative of the Authority; or
(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;
"crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;
"dangerous goods" means any article or substances which are capable of posing risk to health, safety, property or the environment and are identified as such in the Technical Instructions;
"dangerous goods accident" means an occurrence associated with and related to the carriage of dangerous goods by air, which results in a fatal or serious injury to a person or major damage to 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 an injury to a person, property damage, 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 which seriously jeopardises an aircraft or its occupants;
"dangerous goods transport document" means a document specified by Technical Instructions which contains information about the dangerous goods being transported;
"exception" means a provision in these Regulations which excludes a specific item of dangerous goods from the requirements normally applicable to that item;
"exemption" means an authorisation other than an approval granted by an appropriate national authority providing relief from the provisions of the Technical Instructions;
"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;
"foreign operator" means an aircraft operator who holds an Air Operator's Certificate issued otherwise than by the Authority;
"freight container" means a transport equipment for radio active material, designed to facilitate the carriage of such material, either packaged or unpackaged, by one or more modes of transport but does not include a unit load device;
"handling agent" means a person who performs on behalf of an operator, some or all of the functions of the operator 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;
"local operator" means an aircraft operator who holds an Air Operator's Certificate issued by the Authority; "operator" means the person having management of an aircraft at a particular time and includes both a local and foreign operator;
"overpack" means an enclosure used by a single shipper to contain one or more packages 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 or any other components or materials necessary for the receptacle to perform its containment function and other safety functions;
"pilot-in-command" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;
"proper shipping name" means the name used to describe a particular article or substance in shipping documents and notifications, and where appropriate on packagings;
"radioactive material" means a radioactive material as defined under the Radiation Protection Act (Cap. 24:03);
"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 the injury was sustained;
(b) results in a fracture of any bone, except simple fractures of fingers, toes or nose;
(c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
(d) involves injury to an internal organ;
(e) involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or
(f) involves verified exposure to infectious substances or injurious radiation;
"shipper" means the person who consigns dangerous goods for carriage on an aircraft;
"State of Destination" means the country in the territory of which the consignment is finally to be unloaded from an aircraft;
"state of operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;
"State of Origin" means the country in the territory of which the consignment was first loaded on an aircraft;
"State of Overflight" means the country in the territory of which an aircraft carrying dangerous goods flies over, but without landing;
"State of Transit" means the country in the territory of which an aircraft carrying dangerous goods passes through and lands but without offloading the dangerous goods;
"Technical Instructions" means the last effective edition in the English language 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;
"UN number" means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals to identify an article or substance or a particular group of articles or substances; and
"unit load device" means any type of container or pallet designed for loading onto an aircraft but does not include a freight container or an overpack.
(1) These Regulations shall apply to carriage of dangerous application goods where Botswana is a State of origin, State of Transit, State of Overflight or the State of Destination.
(2) The Standards and Recommended Practices of these Regulations shall be applicable to all international operations of civil aircraft.
(3) Where specifically provided for in the Technical Instructions, the Authority may grant an approval, provided that in such instances an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions is achieved.
(4) In instances—
(a) of extreme urgency;
(b) when other forms of transport are inappropriate; or
(c) 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 transport which is equivalent to the level of safety provided for in the Technical Instructions.
PART II
Requirements for Carriage of Dangerous Goods (regs 4-12)
4. Approval or certificate required to carry dangerous goods
(1) An operator shall not operate an aircraft carrying or loaded with dangerous goods unless—
(a) the operator holds a certificate or approval to carry dangerous goods issued by the Authority; and
(b) dangerous goods are carried or loaded in accordance with any conditions to which such certificate or approval shall be subject and in accordance with the Technical Instructions.
(2) Notwithstanding the requirements of subregulation (1), an article or substance—
(a) which would otherwise be classed as dangerous goods but which is required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating procedures; or
(b) which is intended for specialised purposes or carried by crew and is identified in the Technical Instructions,
shall be exempted from the provisions of these Regulations.
(3) Where an article or a substance intended as replacements for those described in subregulation (2) or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of these Regulations, except as permitted in the Technical Instructions.
(4) A passenger or crew member carrying a specific article and substance shall be exempted from the provisions of these Regulations to the extent specified in the Technical Instructions.
(5) Each contracting State shall—
(a) take the necessary measures to achieve compliance with the provisions contained in the Technical Instructions;
(b) comply with any amendment to the Technical Instructions which may be published during the specified period of applicability of an edition of the Technical Instructions.
(6) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 000, or imprisonment for a term not exceeding 10 years, or both.
5. Application for certificate to carry dangerous goods
(1) An operator who holds a valid Air Operators Certificate may apply to the Authority for a certificate to operate an aircraft carrying or loaded with dangerous goods in Form 1 set out in Schedule 1.
(2) Where the Authority is satisfied that the local operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with a certificate to carry dangerous goods as set out in Form 2 of Schedule 1, subject to such conditions as the Authority may think fit.
(3) An operator who violates any condition to which the certificate is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.
(4) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.
(5) A certificate to carry dangerous goods shall be valid for a period of 12 months from the date of issue.
6. Application for approval to carry dangerous goods
(1) An operator who wishes to operate an aircraft carrying or loaded with dangerous goods on ad-hoc basis shall apply to the Authority for an approval to carry dangerous goods in Form 3 set out in Schedule 1, and shall provide such information as the Authority may require and, in particular—
(a) details of the dangerous goods to be carried; and
(b) date on which dangerous goods are to be carried, destination and the type of aircraft to be used.
(2) An application under subregulation (1) shall be accompanied by a fee specified in Schedule 2.
(3) Where the Authority is satisfied that the operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with an approval to carry dangerous goods as set out in Form 4 of Schedule 1, subject to such conditions as the Authority may think fit.
(4) An operator who violates any condition to which the approval is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.
(5) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.
(6) An approval to carry dangerous goods shall be valid for a period stipulated in the approval document.
(7) Notwithstanding subregulation (6), an operator can apply for extension of the validity of their approval to carry dangerous goods, provided it is for the same consignment, by filling in the applicable parts in Form 3 set out in Schedule 1.
7. Renewal of certificate to carry dangerous goods
(1) A certificate to carry dangerous goods may be renewed by filling in the applicable parts in Form 1 set out in Schedule 1 for a further period of 12 months from the date of its expiry:
Provided that the applicant meets the requirements of these Regulations.
(2) An application for renewal in terms of subregulation (1) shall be—
(a) made at least 30 days before the expiry of the certificate; and
(b) accompanied by a renewal fee specified in Schedule 2.
(3) Where an application complies with subregulation (2), the Authority shall issue a new certificate to carry dangerous goods in Form 2 of Schedule 1 and shall attach any conditions to the renewal as it may consider necessary.
(4) The Authority shall refuse to renew a certificate where—
(a) the conditions of the certificate have not been complied with;
(b) the provisions of these Regulations have not been complied with;
(c) the operator is convicted of an offence under these Regulations; or
(d) it is in the public interest not to renew the certificate.
8. Issue of duplicate certificate
(1) An operator whose certificate to carry dangerous goods is lost, destroyed or mutilated shall, by application made to the Authority, and on payment of a fee specified in Schedule 2, obtain a duplicate certificate.
(2) Where a certificate which has been lost and replaced is recovered, the operator shall immediately return the duplicate certificate to the Authority.
9. Revocation of certificate or approval to carry dangerous goods
The Authority shall revoke a certificate or an approval to carry dangerous goods where after any time the certificate or an approval to carry dangerous goods has been issued, the operator violates any of the conditions imposed by the Authority, and such operator shall return to the Authority, the certificate or approval to carry dangerous goods.
10. Variation of certificate to carry dangerous goods
(1) Any operator who wishes to have his or her certificate to carry dangerous goods varied shall apply to the Authority by filling out the applicable parts in Form 1 set out in Schedule 1 giving reasons why a variation is required.
(2) Where the Authority determines that safety in commercial air transport and the public interest allows for a variation, the Authority shall vary the operators certificate to carry dangerous goods.
(3) An application for variation shall be made at least 30 days prior to the intended date of any operation under that variation accompanied by a variation fee specified in Schedule 2.
11. Validation of foreign certificate or approval
(1) The Authority shall on application by a foreign operator, validate a foreign certificate or an approval issued in the handling of dangerous goods to be conveyed by air, where the holder of such foreign certificate submits documentary proof that—
(a) the foreign certificate has been obtained from an appropriate Civil Aviation Authority; and
(b) the dangerous goods transport document complies with the Technical Instructions.
(2) The Authority of the operator shall take the necessary measures to ensure that when an operator adopts more restrictive requirements than those specified in the Technical Instructions, the notification of such operator variations is made to the International Civil Aviation Organisation (ICAO) for publication in the Technical Instructions.
12. Prohibition of carriage of dangerous goods
(1) Subject to subregulations (2) and (3), a person shall not—
(a) deliver or cause to be delivered for carriage in; or
(b) carry or load or cause to be carried in, an aircraft any dangerous goods which he or she knows, ought to know or suspects to be goods capable of posing risk to the health and safety of any person, property or any damage to the environment when carried by air.
(2) Notwithstanding subregulation (1), dangerous goods shall be delivered or caused to be delivered for carriage by air or be carried or loaded on board an aircraft where they are—
(a) for the proper navigation or safety offlight;
(b) to provide, during flight, medical aid to a patient;
(c) to provide, during flight, veterinary aid or a humane killer for an animal;
(d) to provide, during flight, aid in connection with search and rescue operations;
(e) permitted for carriage by passengers or crew members; or
(f) intended for use or sale during the flight.
(3) The dangerous goods specified in subregulation (2) shall be carried in an aircraft provided they comply with Part 8 and the applicable provisions in the Technical Instructions, and with the following—
(a) the goods specified in subregulation (2)(a) shall only be carried if—
(i) they are required to be carried on an aircraft by or under these Regulations 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, in either case, such goods are required to be carried or intended to be used on that particular flight, or
(ii) they are intended as replacements or have been removed for replacement, and they comply with applicable provisions of Part 1 of the Technical Instructions;
(b) the goods specified in subregulation (2)(b) and (c) shall only be carried if—
(i) they shall be required for use during the flight,
(ii) they are or shall be required for use during a subsequent flight by the same aircraft and it may 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 subregulation (2)(e) shall be carried by passengers or crew members if they comply with the provisions of Part 8 of the Technical Instructions; and
(d) the goods specified in subregulation (2)(f) shall be carried if the Technical Instructions identify them as being items for sale or use during a flight, or are intended as replacements for such items or have been removed for replacement, they are carried in accordance with Part 1 of the Technical Instructions.
PART III
Operators Obligations (regs 13-21A)
13. Provision of information by operator to crew, etc.
(1) An operator of an aircraft flying for the purposes of commercial air transport shall ensure that all appropriate manuals, including the operations manual contain information about dangerous goods carried on the aircraft so that ground staff and crew members can carry out their responsibilities in regard to the carriage of dangerous goods, and the action to be taken in the event of any emergency involving dangerous goods, and where applicable the information should also be given to the handling agent.
(2) An operator of an aircraft in which dangerous goods are to be carried as cargo shall provide or cause to be provided to the pilot-in-command of the aircraft, before the flight begins—
(a) written information about the dangerous goods as specified in the applicable provisions of Part 7 of the Technical Instructions; and
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