Air Navigation (92 — Carriage of Dangerous Goods) Regulations 2022

Source: Singapore Statutes Online | Archived by Legal Wires

No. S 998
Air Navigation Act 1966
Air Navigation
(92 — Carriage of Dangerous Goods)
Regulations 2022
In exercise of the powers conferred by section 9 of the Air Navigation Act 1966, the Civil Aviation Authority of Singapore, with the approval of the Minister for Transport, makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Air Navigation (92 — Carriage of Dangerous Goods) Regulations 2022 and come into operation on 1 January 2023.
Definitions
2.  Any term in these Regulations that is defined in the First Schedule to the Air Navigation (91 — General Operating Rules) Regulations 2018 (G.N. No. S 441/2018) has the meaning given to that term in that Schedule unless the term is otherwise defined in the First Schedule to these Regulations.
To whom these Regulations apply
3.  Subject to regulation 4, these Regulations apply to —
(a)any foreign operator operating any aircraft into and out of Singapore for the purpose of commercial air transport, aerial work or general aviation;
(b)any Singapore operator;
(c)any operator of a Singapore registered aircraft operated for the purpose of general aviation;
(d)any person that takes, or causes to be taken, any dangerous goods on board any aircraft;
(e)any person that consigns or delivers, or causes to be consigned or delivered, any dangerous goods for loading or carriage on any aircraft;
(f)any agent of —
(i)an operator mentioned in paragraph (a), (b) or (c); or
(ii)a person mentioned in paragraph (d) or (e);
(g)any person that engages in the security screening of cargo, mail, stores, passengers or baggage in Singapore;
(h)any aerodrome operator; and
(i)any public postal operator.
Carriage excluded from these Regulations
4.—(1)  These Regulations do not apply to the carriage of the following articles and substances except where provided in paragraph (2):
(a)any article or substance that —
(i)is required to be aboard an aircraft in accordance with the relevant airworthiness requirements and operating regulations; or
(ii)is authorised by the State of the operator to meet special requirements;
(b)any aerosols, alcoholic beverages, perfumes, colognes and liquefied gas lighters (excluding any non‑refillable gas lighters and any lighters that are liable to leak when exposed to reduced pressure) that are carried by an operator of an aircraft for use or sale on the aircraft during a flight or series of flights;
(c)any portable electronic device that —
(i)is carried on an aircraft by its operator for use or sale on the aircraft during a flight or a series of flights; and
(ii)contains lithium batteries that meet the relevant provisions of Part 8 of the Technical Instructions;
(d)any dry ice that is intended for use in providing food and beverage services aboard an aircraft;
(e)any alcohol‑based hand sanitisers and alcohol‑based cleaning products that are carried by an operator of an aircraft for use on the aircraft during a flight or a series of flights for the purpose of ensuring passenger and crew hygiene;
(f)any electronic device (such as an electronic flight bag or a personal entertainment device or credit card reader) that —
(i)is carried on an aircraft by its operator for use on the aircraft during a flight or a series of flights; and
(ii)contains lithium batteries that meet the relevant provisions of Part 8 of the Technical Instructions;
(g)any lithium batteries intended for use as spare batteries for any electronic device mentioned in sub‑paragraph (f) that —
(i)are carried on an aircraft by its operator for use on the aircraft during a flight or a series of flights; and
(ii)meet the relevant provisions of Part 8 of the Technical Instructions;
(h)any dangerous goods that are carried on an aircraft in accordance with the general exceptions specified in Part 1 of the Technical Instructions.
(2)  Despite paragraph (1), regulation 5 and the Technical Instructions apply to the carriage on an aircraft of —
(a)any article or substance that is intended as a replacement for any article or substance mentioned in paragraph (1)(a), (b), (c), (d), (e), (f) or (g); and
(b)any article or substance mentioned in paragraph (1)(a) that has been removed for replacement.
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.
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.
(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).
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.
(3)  A dangerous goods permit remains in force for the period specified in the permit, which must not in any case exceed 6 months.
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.
(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.
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.
(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).
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.
(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.
(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.
(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.
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.
(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.
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.
(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.
(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.
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.
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).
(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.
(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.
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).
(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.
(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.
(6)  To avoid doubt, a lithium batteries approval granted under paragraph (3)(a) is not an aviation safety instrument.
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.
(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.
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.
(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.
(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).
(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.
(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.
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.
(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.
(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.
(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.
PART 3
TRAINING AND REPORTING
Division 1 — Training
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.
(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.
(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.
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.
(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).
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.
(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.
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.
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.
(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.
Division 2 — Reporting of occurrences
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.
(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.
(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.
(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.
(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.
(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.
 
Made on 14 December 2022.
EDMUND CHENG WAI WING
Chairperson,
Civil Aviation Authority of Singapore.
[LE/LGN/A1.8; AG/LEGIS/SL/6/2020/12 Vol. 2]
(To be presented to Parliament under section 9(9) of the Air Navigation Act 1966).

Archived for legal research. Authoritative version at sso.agc.gov.sg.