Civil Aviation Regulations (CAR) Part 18 — Safe Transport of Dangerous Goods by Air

December 15, 2008

CAAP BOARD RESOLUTION NO. 022-08

WHEREAS, the creation of Civil Aviation Authority of the Philippines under Republic Act (R.A.) No. 9497, came into force and effect on 23 March 2008;

WHEREAS, as provided in Section 24 of the CAAP Law (R.A. 9497) Powers of the Board of Directors; — . . .

1. The Board of Directors shall have the following general powers:

(d) Promulgate rules and procedures . . . .

WHEREAS, under Section 27 of R.A. 9497, . . . Issuance of Rules of Procedure and Practice — The Board may authorize the Director General to issue or amend rules of procedures and practice as may be required to be issued pursuant to the provisions of this Act or issue and adopt rules and regulations and other issuances of the ICAO; . . .

WHEREAS, during the 5th Regular Meeting of the Board held on 20 November 2008, the Director General requested for the approval of Civil Aviation Regulations (CAR) Part 18 — Safe Transport of Dangerous Goods by Air, but for lack of quorum, the Board agreed that approval of this item was subject to Board ratification in the next meeting;

WHEREAS, in the 6th Regular Board Meeting, the Board ratified the approval of this item through the approval of the Minutes of the 5th Regular Board Meeting.

WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED that the Civil Aviation Regulations (CAR) Part 18 — Safe Transport of Dangerous Goods by Air is APPROVED for enforcement, subject to compliance with publication requirement for effectivity and enforceability of laws, rules and regulations.

Done this 15th day of December 2008 at Pasay City, Philippines.

 

(SGD.) HON. LEANDRO R. MENDOZACAAP Board Chairman/Secretary, Department of Transportation and Communications

 

(SGD.) HON. RUBEN F. CIRONVice-Chairman/Director General, Civil Aviation Authority of the Philippines

 

HON. RAUL M. GONZALEZSecretary, Department of Justice

 

HON. ALBERTO G. ROMULOSecretary, Department of Foreign Affairs

signed by representative

 

HON. RONALDO V. PUNOSecretary, Department of the Interior and Local Government

HON. MARGARITO V. TEVESSecretary, Department of Finance

signed by representative

HON. MARIANITO D. ROQUESecretary, Department of Labor and Employment

ATTACHMENT

Record of Amendments

List of Effective Pages

 

Part	Page	Amendment No.	Page Date
Part 18 Transportations of Dangerous Goods by Air
Cover Page	i	0	30 September 2009
Board Resolution	ii	0	30 September 2009
Record of Amendments	iii	0	30 September 2009
List of Effective Pages	vi	0	30 September 2009
Table of Contents	1-3	0	30 September 2009
Introduction
Page
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	15	0	30 September 2009
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Civil Aviation Regulations (CAR) Part 18

Transportation of Dangerous Goods by Air

Subpart A: General

18.001 Applicability

(a) This Part prescribes the requirements of the Republic of the Philippines that apply to the carriage of dangerous goods by air as specified in —

(1) The International Civil Aviation Organization Document, Technical Instructions for the Safe Transport of Dangerous Goods by Air, and all applicable amendments; and CITaSA

(2) As amplified by, the Dangerous Goods Regulations of the International Air Transport Association.

(b) This Part is applicable to operators of aircraft in —

(1) Aerial work;

(2) Commercial air transport; and

(3) General aviation.

(c) This Part is also applicable to all organizations and individuals involved in the process of shipping dangerous goods by air, including all persons performing duties required by these regulations.

(d) Any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on passenger or cargo aircraft, as therein defined shall for the purpose of this Part be interpreted as applying also to the carriage of such goods beneath passenger or cargo aircraft.

18.005 Definitions

(a) As used in this Part, these words or phrases are defined as follows —

Acceptance checklist. 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.

Cargo aircraft. Any aircraft, other than a passenger aircraft, which is carrying goods or property.

Consignment. 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.

Dangerous goods. Articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions.

Dangerous goods accident. An occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage.

Dangerous goods incident. An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises an aircraft or its occupants is deemed to constitute a dangerous goods incident.

Dangerous goods transport document. A document specified by the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air (See definition, below). It is completed by the person who offers dangerous goods for air transport and contains information about those dangerous goods. The document bears a signed declaration indicating that the dangerous goods are fully and accurately described by their proper shipping names and UN numbers (if assigned) and that they are correctly classified, packed, marked, labelled and in a proper condition for transport.

Exception. A provision in ICAO Annex 18 or this Part which excludes a specific item of dangerous goods from the requirements normally applicable to that item.

Exemption. An authorization issued by an appropriate national authority providing relief from the provisions of ICAO Annex 18.

Freight container. A freight container is an article of transport equipment for radioactive materials, designed to facilitate the transport of such materials, either packaged or unpackaged, by one or more modes of transport.

Handling agent. An agency which performs on behalf of the operator some or all of the latter's functions including receiving, loading, unloading, transferring or other processing of passengers or cargo.

Incompatible. Describing dangerous goods which, if mixed, would be liable to cause a dangerous evolution of heat or gas or produce a corrosive substance.

Overpack. An enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage. SDHTEC

Package. The complete product of the packing operation consisting of the packaging and its contents prepared for transport.

Packaging. Receptacles and any other components or materials necessary for the receptacle to perform its containment function and to ensure compliance with the packing requirements.

Passenger aircraft. An aircraft that carries any person other than a crew member, an operator's employee in an official capacity, an authorized representative of the Authority or a person accompanying a consignment or other cargo.

Proper shipping name. The name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packaging.

State of Origin. The State in which dangerous goods were first loaded on an aircraft.

Technical instructions. The latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc. 9284-AN/905), including the supplement and any addendum, approved and published by decision of the Council of the ICAO.

UN number. The four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances.

Unit load device. Any type of aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo.

18.010 Acronyms and Abbreviations

(a) As used in this Part, the acronyms and abbreviations as follows —

IATA — International Air Transport Association

IATA-DGR — IATA Dangerous Goods Regulations

ICAO — International Civil Aviation Organization

UN — United Nations TEHIaD

18.015 General Prohibitions

(a) No person may carry on any aircraft articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances.

(b) No person may carry infected live animals on any aircraft.

(c) No person may carry on any aircraft articles or substances classified as dangerous goods except as established in this Part and the detailed specifications and procedures provided in —

(1) The Technical Instructions; and

(2) As amplified by, the IATA-DGR.

(d) With respect to any goods which a person knows or ought to know or suspect to be dangerous goods, that person shall not, without determining and complying with the restrictions regarding carriage by air —

(1) Take or cause it to be taken on board;

(2) Suspend or cause it to be suspended beneath; or

(3) Deliver or cause it to be delivered for load or suspend beneath an aircraft.

18.020 Authorization Required

(a) No person may operate an aircraft with any dangerous goods therein or suspended thereunder, unless such goods are carried, loaded or suspended — 

(1) With the written authorization of the Authority and in accordance with any conditions to which such approvals may be subject, and

(2) In accordance with the Technical Instructions and any conditions specified therein.

Subpart B: Exceptions

18.025 Applicability

(a) This Subpart provides the basis for exceptions and exemptions to the requirements of the —

(1) ICAO Technical Instructions; and

(2) IATA Dangerous Goods Regulations.

18.030 General Exceptions

(a) These requirements shall not apply to dangerous goods of the classifications specified in Part I of the Technical Instructions provided that —

(1) The dangerous goods do not exceed the appropriate quantity limitations specified therein; and

(2) Such other conditions as are specified therein are complied with.

18.035 Passenger or Crew Member Personal Items

(a) Specific articles and substances carried by passengers or crew members shall be excepted from the provisions of this Part to the extent specified in the Technical Instructions.

18.040 Required for Aircraft Operations

(a) Articles and substances which would otherwise be classed as dangerous goods shall be excepted from the provisions of this Part if they are required to be aboard the aircraft —

(1) In accordance with the pertinent airworthiness requirements and operating regulations; or

(2) For those specialized purposes identified in the Technical Instructions.

(b) Additional articles and substances which would otherwise be classed as dangerous goods are excluded from the provisions of this Part to the extent specified in the Technical Instructions, provided they are —

(1) Carried as catering or cabin service supplies;

(2) Carried for use in flight as veterinary aid or as a humane killer for an animal; or

(3) Carried for use in flight for medical aid for a patient, provided that —

(i) Gas cylinders have been manufactured specifically for the purpose of containing and transporting that particular gas; CaTSEA

(ii) Drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aircraft;

(iii) Equipment containing wet cell batteries is kept and, when necessary secured, in an upright position to prevent spillage of the electrolyte; and

(iv) Proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the PIC in the interests of safety; or

(c) Where articles and substances intended as replacements for those described in paragraphs (a) and (b) of this Section or which have been removed or the replacement are carried on an aircraft, they shall be transported in accordance with the provisions of this Part and as permitted in the Technical Instructions.

18.045 Dangerous Goods Forbidden for Transport by Air Unless Exempted

(a) No person may offer for transport on an aircraft or carry on an aircraft the dangerous goods listed in paragraphs (a) and (b) of Section 18.015 unless —

(1) Exempted by the States concerned under provisions similar to Section 18.050 of this Part, or

(2) The provisions of the Technical Instructions indicate they may be transported under an approval issued by the State of Origin.

18.050 Exemptions

(a) In cases of extreme urgency or when other forms of transport are inappropriate or full compliance with the prescribed requirements is contrary to the public interest, the Authority and other States concerned may grant exemptions from the provisions of Annex 18 provided that in such cases every effort shall be made to achieve an overall level of safety in transport which is equivalent to the level of safety provided by the requirements of this Part and Annex 18.

(b) Where the Philippines is the State of Overflight, if none of the criteria for granting an exemption are relevant, an exemption with specific routing and other restrictions may be granted by the Authority based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

Subpart C: Responsibilities

18.055 Applicability

(a) This Subpart consolidates the primary organization and individual responsibilities that are applicable to the preparation and transport of dangerous goods by air.

18.060 Shipper's Responsibilities

(a) The shipper shall ensure that its personnel conform to the requirements of this Part and the Technical Instructions in the performance of their duties and responsibilities.

(b) The shipper shall ensure that each employee completes all dangerous goods training requirements and their training records are updated prior to their performance of tasks associated with transport of dangerous goods by air.

(c) To ensure proper completion of their assigned tasks, the shipper shall provide employees with all necessary —

(1) Shipping instructions and guidance;

(2) Reference documents;

(3) Shipping documents; and

(4) Packaging, labelling, and marking supplies.

(d) Before consigning any packaged containing dangerous goods for transport by air, the shipper shall ensure that —

(1) The goods are not of a category whose carriage by air is prohibited by the provisions of the Technical Instructions;

(2) The goods are classified and packed and the packagings used are in accordance with such provisions of the Technical Instructions as apply to the goods;

(3) The package is marked and labelled in accordance with such provisions of as related to marking and labelling and in accordance with the Technical Instructions;

(4) The package is in a fit condition for carriage by air; and

(5) The dangerous goods transport documents has been completed and that the declaration therein has been made. AcSIDE

(e) The shipper shall establish, implement and update dangerous goods training programs for its personnel as prescribed by the Technical Instructions and the Authority.

18.065 Operator's Responsibilities

(a) No operator may transport dangerous goods unless approved to do so by the Authority.

(b) The operator shall ensure that its personnel conform to the requirements of this Part and the Technical Instructions in the performance of their duties and responsibilities on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of the Philippines.

(c) Where dangerous goods are to be transported outside the territory of the Philippines, the operator shall ensure that its personnel have reviewed and are in compliance with the appropriate variations noted by contracting states contained in Attachment 3 to the Technical Instructions.

(d) The operator shall ensure that each employee completes all applicable dangerous goods training requirements and their training records are updated prior to their performance of tasks associated with transport of dangerous goods by air.

(e) To ensure proper completion of their assigned tasks, the operator shall provide employees with all necessary —

(1) Operator manuals;

(2) Reference documents;

(3) Shipping documents; and

(4) Packaging, labelling, and marking supplies.

(f) An operator shall not accept dangerous goods for transport by air unless the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required.

(g) An operator shall not accept dangerous goods for transport by air until the package, overpack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures contained in the Technical Instructions.

(h) An operator shall develop and ensure the use of an acceptance checklist as an aid to compliance with the requirements of this Part and the Technical Instructions.

(i) The operator shall not allow the loading, stowage and securing of dangerous goods subject to this Part and the Technical Instructions on the aircraft except in accordance with the dangerous goods manual acceptable to the Authority.

(j) The operator shall ensure that dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck, unless otherwise specified in the Technical Instructions.

(k) The operator shall ensure that dangerous goods are loaded, segregated, stowed and secured on an aircraft as specified in the Technical Instructions.

(l) The operator shall ensure that packages of dangerous goods bearing the "Cargo Aircraft Only" label are carried on a cargo aircraft and loaded as specified in the Technical Instructions.

(m) The operator shall provide an qualified employee to directly supervise the loading, segregation and securing of the dangerous goods.

(n) The operator shall establish, implement and update dangerous goods training programs for its personnel as prescribed by the Technical Instructions and the Authority.

(o) The operator shall have a quality assurance program acceptable to the Authority that includes audits of the conformance of the operator's and service provider's organization and employees to the requirements applicable to the transport of dangerous goods by air.

18.070 Service Provider's Responsibilities

(a) No organization may perform duties and responsibilities on behalf of the operators that are associated with the transport of dangerous goods by air unless they comply with the requirements of —

(1) The operator's Operation Manual;

(2) This Part;

(3) The Technical Instructions; or

(4) The IATA-DGR. DHITCc

(b) No person may accomplish functions for the operator involving preparation of the dangerous goods for transport by air unless they have completed the applicable initial and continuation dangerous goods training program.

(c) The service provider shall establish, implement and update dangerous goods training programs for its personnel as prescribed by the Technical Instructions and the Authority.

18.075 Responsibilities of Persons Preparing Shipment

(a) No person may prepare dangerous goods for transport by air unless they comply with the requirements of — 

(1) The shipper's guidance instructions;

(2) This Part; and

(3) The Technical Instructions, as amplified by

(4) The IATA-DGR.

(b) No person may accomplish functions for the shipper involving preparation of the dangerous goods for transport by air unless they have completed the applicable initial and continuation dangerous goods training program.

18.080 Responsibilities of Persons Accepting Shipment

(a) No person may accept dangerous goods for transport by air unless they use and complete the operator's acceptance checklist in accordance with the procedures provided by the operator and the Technical Instructions.

(b) No person may prepare dangerous goods for transport by air unless they comply with the requirements of —

(1) The operator's Operations Manual;

(2) This Part; and

(3) The Technical Instructions, as amplified by

(4) The IATA-DGR.

(c) No person may accomplish functions for the operator involving the acceptance of dangerous goods for transport of dangerous goods by air unless they have completed the applicable initial and continuation dangerous goods training program.

18.085 Responsibilities of Person Handling and Loading Shipment

(a) No person may handle, load, stow, segregate or secure dangerous goods for transport by air unless they comply with the requirements of —

(1) The operator's Operations Manual;

(2) This Part; and

(3) The Technical Instructions.

(b) No person may accomplish functions for the operator involving handling, loading, stowage, segregation or securing or dangerous goods for transport by air unless they have completed the applicable initial and continuation dangerous goods training program.

18.090 Pilot-in-Command Responsibilities

(a) No person may accomplish the pilot-in-command responsibilities associated with dangerous goods for transport by air unless they comply with the requirements of —

(1) The operator's Operations Manual;

(2) This Part; and

(3) The Technical Instructions.

(b) No person may accomplish functions for the operator involving the pilot-in-command responsibilities associated with the transport of dangerous goods by air unless they have completed the applicable initial and continuation dangerous goods training program.

18.095 Other Crew Members' Responsibilities

(a) No person may accomplish the crew member responsibilities associated with dangerous goods for transport by air unless they comply with the requirements of —

(1) The operator's Operations Manual;

(2) This Part; and

(3) The Technical Instructions.

(b) No person may accomplish functions for the operator involving their crew member responsibilities associated with the transport of dangerous goods by air unless they have completed the applicable initial and continuation dangerous goods training program. SaETCI

18.100 Completion of Dangerous Goods Training Program

(a) No person may serve and no person may assign another person to serve in any capacity relating to the preparation, acceptance, loading, segregation, storage, securing, security and flight operations involved in the transportation of dangerous goods by air unless they have completed the initial and continued dangerous goods training programs prescribed by the Technical Instructions and the Authority.

Subpart D: Preparation for Transport by Air

18.105 Applicability

(a) This Subpart provides the basis for application of the requirements contained in the Technical Instructions regarding the preparation of dangerous goods for transport by air.

18.110 Preparation for Transport: General

(a) No person shall offer any package or overpack of dangerous goods for transport by air, unless that person has ensured, as specified in this Part and the Technical Instructions, that the dangerous goods are —

(1) Not forbidden for transport by air and

(2) Properly classified, packed, marked, and labelled; and

(3) Accompanied by a properly executed dangerous goods transport document.

18.115 Languages to be Used for Markings and Documentation

(a) The markings and documentation related to the transportation of dangerous goods by air shall be provided in English.

(b) The markings may, in addition to the requirement of paragraph (a) of this Section, be provided in —

(1) The language required by the State of Origin; and/or

(2) Any other form of expression for universal use as outlined in the Technical Instructions.

18.120 Classification

(a) The classification of an article or substance of dangerous goods shall be in accordance with the provisions of the Technical Instructions.

18.125 General Packaging Requirements

(a) No person may package dangerous goods for transport by air unless packaging is in accordance with the provisions of IATA-DGR and as provided for in the Technical Instructions.

(b) No person may prepare dangerous goods that have been received through the postal services for transport by air.

(c) Packagings shall —

(1) Meet the material and construction specifications in the Technical Instructions; and

(2) Be suitable for the contents.

(d) Packagings in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods.

18.130 Prevention of Leakage

(a) Packagings used for the transport of dangerous goods by air shall be of good quality and shall be constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport, by changes in temperature, humidity or pressure, or by vibration.

(b) Packagings for which retention of a liquid is a basic function, shall be capable of withstanding, without leaking, the pressure stated in the Technical Instructions.

(c) Inner packagings shall be so packed, secured or cushioned as to prevent their breakage or leakage and to control their movement within the outer packaging(s) during normal conditions of air transport.

(d) The cushioning and absorbent materials shall not react dangerously with the contents of the packaging.

18.135 Inspection and Testing of Packaging

(a) Packagings shall be tested in accordance with the provisions of the Technical Instructions. DEacIT

18.140 Re-Use of Packaging

(a) No person may re-use packaging unless it has been inspected and found free from corrosion or other damage.

(b) Where a packaging is re-used, the persons re-using the packaging shall take all necessary measures to prevent contamination of subsequent contents.

18.145 Prevention of Hazards

(a) If, because of the nature of their former contents, uncleaned empty packagings may present a hazard, they shall be tightly closed and treated according to the hazard they constitute.

(b) No packaging shall be used if a harmful quantity of a dangerous substance is adhering to the outside of packages.

18.150 Labels

(a) Unless otherwise provided for in the Technical Instructions, each package, overpack and freight container of dangerous goods shall be labelled with the appropriate labels and in accordance with the provisions set forth in those Instructions.

18.155 Markings

(a) Unless otherwise provided for in the Technical Instructions, each package of dangerous goods shall be —

(1) Marked with the proper shipping name of its contents; and

(2) When assigned, the UN number and such other markings as may be specified in those Instructions.

18.160 Specification Markings on Packaging

(a) Unless otherwise provided for in the Technical Instructions, each packaging manufactured to a specification contained in those Instructions shall be so marked in accordance with the appropriate provisions of those Instructions.

(b) No packaging shall be marked with a packaging specification marking unless it meets the appropriate packaging specification contained in the Technical Instructions.

18.165 Dangerous Goods Transport Document

(a) Unless otherwise provided for in the Technical Instructions, no person may offer dangerous goods for transport by air unless they have completed, signed and provided to the operator a dangerous goods transport document, which shall contain the information required by those Instructions.

(b) The transport document shall bear a declaration signed by the person who offers dangerous goods for transport indicating that the dangerous goods are —

(1) Fully and accurately described by their proper shipping names; and

(2) Classified, packed, marked, and labelled, and

(3) In proper condition or transport by air in accordance with the relevant regulations.

(c) The dangerous goods transport document shall be completed in duplicate.

Subpart E: Acceptance, Handling, Loading and Stowage

18.170 Applicability

(a) This Subpart provides the basis for application of the requirements contained in the Technical Instructions regarding the acceptance, handling, loading and stowage of dangerous goods for transport by air.

18.175 Acceptance Procedures

(a) The operator of the aircraft, upon acceptance of dangerous goods shall conduct an inspection of the consignment of dangerous goods intended for transportation by air.

(b) No person shall accept dangerous goods except in accordance with the —

(1) Operator's acceptance checklist;

(2) Technical Instructions; and

(3) IATA Dangerous Goods Regulations. SDAaTC

(c) The person conducting the inspection on behalf of the operator shall complete a checklist specifically designed for this purpose.

(d) No person may accept dangerous goods for transport by air that have been received through the postal services.

18.180 Retention of Documents

(a) The operator of an aircraft shall retain for not less than 6 months after the date of transport —

(1) A dangerous goods transport document which has been furnished to him in accordance with these requirements, and

(2) Checklist used in the acceptance of the dangerous goods consignment.

(b) The AOC holder shall retain the following information for 12 months after the date of transport —

(1) The name and address of each shipper of dangerous goods, and

(2) The name and address of the person who —

(i) Accepts each shipment of dangerous goods or directly supervises the acceptance of the dangerous goods, or 

(ii) Loads and secures the dangerous goods or directly supervises the loading and securing of the dangerous goods,

(iii) The approximate date of transport,

(iv) The locations to and from which the dangerous goods are to be transported,

(v) The shipping name, the UN number, the class and the quantity of dangerous goods to be transported, and

(vi) The name of the employee who prepares the information.

(c) An AOC holder shall produce a record, notice or report required by this Section within 15 days after the day on which a written request is received from an inspector.

18.185 Loading Restrictions in Passenger Cabin or on Flight Deck

(a) Dangerous goods shall not be carried in an aircraft cabin occupied by passengers or on the flight deck of an aircraft, except in circumstances permitted by the provisions of the Technical Instructions.

18.190 Separation, Segregation and Securing: General Requirements

(a) Packages containing dangerous goods which might react dangerously one with another shall not be stowed —

(1) On an aircraft next to each other; or

(2) In a position that would allow interaction between them in the event of leakage.

(b) When dangerous goods subject to the requirements of this Part and the Technical Instructions are loaded in an aircraft, the operator shall —

(1) Protect the dangerous goods from being damaged; and

(2) Secure such goods in the aircraft in such a manner that will prevent any movement in flight which would change the orientation of the packages.

18.195 Stowage of Toxic and Infectious Substances

(a) Packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the provisions of the Technical Instructions.

18.200 Stowage and Securing of Radioactive Materials

(a) Packages and overpacks containing dangerous goods and freight containers containing radioactive materials shall be loaded and stowed on an aircraft in accordance with the provisions of the Technical Instructions.

(b) Packages of radioactive materials shall be stowed on an aircraft so that they are separated from persons, live animals and undeveloped film, in accordance with the requirements in the Technical Instructions.

(c) The securing of packages of radioactive materials shall be adequate to ensure that the separation requirements are met at all times. TEDaAc

18.205 Packages Restricted to Cargo Aircraft Only

(a) Except as otherwise provided in the Technical Instructions, no person may load packages of dangerous goods bearing the "Cargo aircraft only" label on an aircraft unless they are loaded in such a manner that a crew member or other authorized person can —

(1) See;

(2) Handle; and

(3) Where size and weight permit, separate such packages from other cargo in-flight.

18.210 Leakage or Damage

(a) No person may load leaking or damaged packages, overpacks or freight containers on an aircraft.

18.215 Inspection Requirements: General

(a) No person may load packages and overpacks containing dangerous goods and freight containers containing radioactive materials or other dangerous goods unless they have been inspected for evidence of leakage or damage before —

(1) Loading on an aircraft; or

(2) Into a unit load device.

(b) No person may load a unit load device aboard an aircraft unless the device has been inspected and found free from any evidence of leakage from, or damage to, any dangerous goods contained therein.

(c) No person allow the surface transportation or re-loading of packages or overpacks containing dangerous goods and freight containers containing radioactive materials unless they have been inspected for signs of damage or leakage upon unloading from the —

(1) Aircraft; or

(2) Unit load device.

18.220 Actions when Possible Leakage or Damage is Found

(a) Where any package of dangerous goods loaded on an aircraft appears to be damaged or leaking, the person making this determination shall follow the operator's corrective procedures for such an occurrence.

(b) Upon identification of a damaged or leaking package, the operator shall —

(1) Remove such package from the aircraft; or

(2) Arrange for its removal by an appropriate authority or organization.

(c) Following the action specified in paragraph (a) of this Section, the operator shall ensure that —

(1) The remainder of the consignment is in a proper condition for transport by air; and

(2) No other package has been contaminated.

(d) If evidence of damage or leakage is found, the operator shall inspect the area where the dangerous goods or unit load device were stowed on the aircraft for damage or contamination before loading other cargo in that location.

(1) If damage is found, the operator shall repair the damage in accordance with the manufacturer's approved data.

(2) If contamination is found, the operator and assigned personnel shall comply with the requirements of Section 18.225 of this Part.

18.225 Removal of Contamination

(a) The pilot-in-command and the operator shall ensure that any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods is removed without delay.

(b) The pilot-in-command and the operator shall ensure that an aircraft which has been contaminated by radioactive materials is immediately be taken out of service.

(c) No person may allow an aircraft that has been contaminated by radioactive materials to be returned to service until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

Subpart F: Provision of Dangerous Goods Information

18.230 Applicability

(a) This Subpart provides the consolidation of the requirements for provision of information relating to the transport of dangerous goods by air. HAEIac

18.235 Information to Ground Staff and Other Persons

(a) Operators, shippers or other organizations involved in the transport of dangerous goods by air shall provide adequate manuals, documents and instructions to their personnel as will enable them to carry out their responsibilities with regard to the transport of dangerous goods.

(b) The documentation and instructions required by paragraph (a) of this Section shall provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods.

(c) Where applicable, this documentation and instructions shall also be provided to the handling agents.

18.240 Information to Passengers

(a) Each operator shall ensure that information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from transporting aboard an aircraft.

18.245 Information to Acceptance Points Personnel

(a) Each operator and, where applicable, the handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the transport of dangerous goods.

18.250 Information to Crew Members

(a) Each operator shall ensure that information is provided in the Operations Manual to enable crew members to carry out their responsibilities in regard to the transport of dangerous goods.

(b) The documentation and instructions required by paragraph (a) of this Section shall provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods.

18.255 Information to the Pilot-in-Command

(a) The operator of an aircraft in which dangerous goods are to be carried shall provide the pilot-in-command as early as practicable before departure of the aircraft with written information as specified in the Technical Instructions.

18.260 Information from Pilot-in-Command to Aerodrome Authorities

(a) If an in-flight emergency occurs, the pilot-in-command shall, as soon as the situation permits, inform the appropriate air traffic services unit, for the information of aerodrome authorities, of any dangerous goods on board the aircraft, as provided for in the Technical Instructions.

18.265 Information in the Event of an Aircraft Incident or Accident

(a) The pilot-in-command and the operator which is involved in an aircraft incident shall —

(1) As soon as possible, inform the appropriate authority of the State in which the aircraft accident occurred of any dangerous goods carried; and

(2) On request, provide any information required to minimise the hazards created by any dangerous goods carried.

(b) The pilot-in-command and the operator of the aircraft carrying dangerous goods as cargo shall provide information, without delay, to emergency services responding to the accident or serious incident about the dangerous goods on board, as shown on the written information to the pilot-in-command, in the event of —

(1) An aircraft accident; or

(2) A serious incident.

(c) Where dangerous goods carried as cargo may be involved, the operator of the aircraft carrying dangerous goods as cargo shall provide information, without delay, to emergency services responding to the accident or serious incident about the dangerous goods on board, as shown on the written information to the pilot-in-command.

(d) As soon as possible, the pilot-in-command and the operator shall also provide this information to the Authority and the appropriate authorities in the State in which the accident or serious incident occurred.

(e) In the event of an aircraft incident, the pilot-in-command and the operator of an aircraft carrying dangerous goods as cargo shall, if requested to do so, provide information without delay to —

(1) Emergency services responding to the incident; and

(2) The appropriate authority of the State in which the incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in-command. caSDCA

Subpart G: Special Requirements

18.270 Applicability

(a) This Subpart provides the requirements relating to specific types of operations that involve the transport of dangerous goods by air.

18.275 General Aviation

(a) A person may handle or transport dangerous goods within the Philippines by small aircraft or helicopter involved in general aviation operations that — 

(1) Are intended for non-commercial recreational use; and

(2) Are not forbidden for transport by the Technical Instructions.

18.280 Aerial Work

(a) A person may handle, offer for transport or transport dangerous goods by aircraft within the Philippines if the dangerous goods are being used at the location where the following aerial work takes place —

(1) Active fire suppression;

(2) Aerial cloud seeding;

(3) Aerial drip torching;

(4) Agriculture;

(5) Forestry;

(6) Horticulture;

(7) Hydrographic or seismographic work; or

(8) Pollution control.

(b) The dangerous goods shall be contained in a means of containment that is —

(1) A tank, a container or an apparatus that is an integral part of the aircraft or that is attached to the aircraft in accordance with the certificate of airworthiness;

(2) A cylindrical collapsible rubber drum that is transported in or suspended from an aircraft and that is constructed, tested, inspected and used in accordance with data acceptable to the Authority;

(3) A collapsible fabric tank that is transported suspended from a helicopter and that is constructed of material and seamed in accordance with technical data acceptable to the Authority; or

(4) A small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of dangerous goods that could endanger public safety.

18.285 Air Ambulance

(a) A person may handle or transport dangerous goods within the Philippines by an air ambulance dedicated to and configured for the transport of patients, of persons who are accompanying or who have accompanied a patient or of medical personnel if —

(1) The transport of the dangerous goods is not forbidden by Technical Instructions;

(2) The dangerous goods are contained in a means of containment that —

(i) Has displayed on it the package markings and labels required by the ICAO Technical Instructions;

(ii) For a cylinder, is in compliance with containment requirements; and

(iii) Is secured to prevent movement during transport.

 

Published in the Official Gazette, Vol. 108, No. 38, page 4874 on September 17, 2012.