Safe Transport of Dangerous Goods by Air

October 27, 2008

CIVIL AVIATION REGULATIONS (CAR)

SAFE TRANSPORT OF DANGEROUS GOODS BY AIR

EFFECTIVITY

Part 18 of the Civil Aviation Regulations is issued under the authority of Republic Act 9497 and shall take effect at the beginning of the 15th day after its official publication.

APPROVED BY:

 

(SGD.) RUBEN F. CIRON, PhDDirector General

Date: November 12, 2008

FOREWORD

This Part of Civil Aviation Regulations (CAR Part 18) is developed and issued by the Civil Aviation Authority of the Philippines, prescribing the regulations and guidelines governing the standard procedures in the Safe Transport of Dangerous Goods by Air for the uniform compliance by the aircraft operating in the Philippines.

This Part of Civil Aviation Regulations (CAR Part 18) is based on the Standards and Recommended Practices provided by Annex 18 — Safe Transport of Dangerous Goods by Air, to the Convention on International Civil Aviation (Chicago, 1944), ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), and other related ICAO documents. DICSaH

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS

RECORD OF AMENDMENTS

LIST OF EFFECTIVE PAGES

18.1 PURPOSE

18.2 AUTHORITY

18.3 APPLICABILITY

CLASS 1: EXPLOSIVES

CLASS 2: GASES

CLASS 3: FLAMMABLE LIQUIDS

CLASS 4: FLAMMABLE SOLIDS; SUBSTANCES LIABLE TO SPONTANEOUS COMBUSTION; SUBSTANCES WHICH, ON CONTACT WITH WATER, EMIT FLAMMABLE GASES

CLASS 5: OXIDIZING SUBSTANCES AND ORGANIC PEROXIDES

CLASS 6: TOXIC AND INFECTIOUS SUBSTANCES

CLASS 7: RADIOACTIVE MATERIALS

CLASS 8: CORROSIVE SUBSTANCES

CLASS 9: MISCELLANEOUS DANGEROUS SUBSTANCES AND ARTICLES

18.3.1 CARRIAGE OF DANGEROUS GOODS

18.4 CANCELLATION

18.5 MANUAL REQUIREMENTS

18.6 ESTABLISHMENT OF TRAINING PROGRAM

18.7 INFORMATION TO PASSENGERS

18.8 TECHNICAL INFORMATION AND ASSISTANCE

18.9 DEFINITIONS

18.10 EXCEPTIONS

18.11 EXEMPTIONS

18.12 NOTIFICATION OF VARIATIONS FROM THE TECHNICAL INSTRUCTIONS

18.13 LIMITATIONS ON THE TRANSPORT OF DANGEROUS GOODS BY AIR

18.14 PACKING

18.15 LABELLING AND MARKING

18.16 SHIPPER'S RESPONSIBILITIES

18.17 OPERATOR'S RESPONSIBILITIES

18.18 PROVISION OF INFORMATION

18.19 COMPLIANCE

18.20 DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING

18.21 DANGEROUS GOODS SECURITY PROVISIONS

Record of Amendments

Amendment No.	Amendment Date	Date Incorporated	Incorporated by
Issue 1	27 Oct. 2008	27 Oct. 2008	-
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List of Effective Pages

Page No.	Issue/	Effectivity date
	Amendment
18-1 to 18-24	Issue 1	27 Oct. 2008
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CIVIL AVIATION REGULATIONS (CAR) PART 18

SAFE TRANSPORT OF DANGEROUS GOODS BY AIR

18.1 PURPOSE

This Part of Civil Aviation Regulations (Part 18) is issued to provide certificate holders operating an aircraft registered by Civil Aviation Authority of the Philippines (CAAP), with information relevant to International Civil Aviation Organization (ICAO) Annex 18 and Technical Instructions (TI) for the Safe Transport of Dangerous Goods by Air (Doc 9284 AN/905).

18.2 AUTHORITY

CAR Part 18 is issued under the authority of the Director General of the Civil Aviation Authority of the Philippines pursuant to Sections 21 (d), 24 (r), 25, 27, 69 (e) and 77 of Republic Act 9497 otherwise known as "Civil Aviation Authority Act of 2008" and other applicable laws and regulations of the Philippines. This Civil Aviation Regulation was promulgated for the Safe Transport of Dangerous Goods by Air.

18.3 APPLICABILITY

CAR Part 18 shall be applicable to all domestic and international operations of civil aircraft. 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 CAAP through its Director General for Civil Aviation may grant exemptions from these provisions provided that in such cases every effort is made to achieve an overall level of safety in transport, which is equivalent to the level of safety provided by these provisions. In case of overflight, if none of the criteria for granting an exemption are relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

All air carriers or operators shall comply with this Civil Aviation Regulation, Annex 18, and the latest amendment of ICAO Technical Instructions (TI) for the Safe Transport of Dangerous Goods by Air (Doc. 9284). TcSHaD

In the interest of safety and minimizing interruptions to the domestic and international transport of dangerous goods, the domestic and international civil aircraft operations must comply with Annex 18 and the latest amendment of ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air.

The classification of an article or substance shall be in accordance with the provisions of the ICAO Technical Instructions.

Dangerous Goods are classified into nine (9) classifications and sub-divisions which are enumerated below:

Class 1: Explosives

Division 1.1: Substances and articles which have a mass explosion hazard;

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard;

Division 1.3: Substances and articles which have a fire hazard and either minor blast hazard or minor projection hazard or both, but not a mass explosion hazard;

Division 1.4: Substances and articles which present no significant hazard;

Division 1.5: Very insensitive substances which have a mass explosion hazard; and

Division 1.6: Extremely insensitive articles which do not have a mass explosion Hazard.

Class 2: Gases

Division 2.1: Flammable gases;

Division 2.2: Non-flammable, non-toxic gases; and

Division 2.3: Toxic gases.

Class 3: Flammable liquids

Class 4: Flammable solids; substances liable to spontaneous combustion; substances, which, on contact with water, emit flammable gases

Division 4.1: Flammable to solids, self reactive and related substances and Desensitized explosives;

Division 4.2: Substances liable to spontaneous combustion; and

Division 4.3: Substances which, in contact with water, emit flammable gases.

Class 5: Oxidizing substances and organic peroxides

Division 5.1: Oxidizing substances; and

Division 5.2: Organic peroxides.

Class 6: Toxic and infectious substances

Division 6.1: Toxic substances; and

Division 6.2: Infectious substances

Class 7: Radioactive material

Category I — WHITE

Category II — YELLOW

Category III — YELLOW

Fissile Materials

Class 8: Corrosive substances EScAID

Class 9: Miscellaneous dangerous substances and articles

The numerical order of the classes and divisions is not that of the degree of danger.

18.3.1 CARRIAGE OF DANGEROUS GOODS (see CAR Part 8, sub-part 8.5.1.27)

18.4 CANCELLATION Not applicable.

18.5 MANUAL REQUIREMENTS

Each Operator shall prepare a Manual required by this Civil Aviation Regulation. The manual must contain instructions and procedures on the following subjects:

(A) Manual Contents of Operators that will "Accept" and "Transport" Dangerous Goods.

(1) Acceptance of dangerous goods for air transport. Procedures and instructions to ensure that:

(a) the material is properly packed in accordance with the packaging rules; properly marked, labeled, and documented; within the quantity limitations; and accompanied by shipper certificates, CAAP exemption or competent authority certificates (if applicable) as determined by the inspection requirements for accepting shipments;

(b) the package is not leaking or damaged and the package is authorized in accordance with applicable regulations;

(c) the materials should be properly identified as authorized for carriage in passenger or cargo aircraft only and labeled either on passenger aircraft or cargo;

(d) the materials are identified by their proper shipping name, classification, and identification number;

(e) the packages are properly marked and labeled;

(f) shipper certificates should be checked to ensure that all necessary information is stated (include additional information as may be required like the kind of commodity being shipped or methods of transportation incident to air transportation); and

(g) shippers should be notified in the event the package is damaged during shipment (include specific instructions on radioactive materials). HTCAED

(2) Storage. The manual should provide specific guidance to assure that:

(a) the storage of corrosive materials next to or in contact with flammable solids or oxidizing materials should be prevented. As a minimum, the segregation prescribed shall be maintained for all packages containing dangerous goods which might react dangerously with one another or next to each other when stored in an aircraft or in a position that would allow a dangerous interaction in the event of leakage;

(b) the storage of radioactive materials labeled yellow II and/or yellow III will not exceed 50 transport indexes (TI) in a single storage location;

(c) radioactive materials labeled yellow II and/or yellow III are stored in an area, which is isolated from office personnel and pedestrian traffic. No loitering should be allowed in the area. Additionally, when packages marked that it contains undeveloped film, the minimum separation distances prescribed shall be maintained for radioactive materials labeled yellow II and yellow III;  

(d) the storage of packages bearing a poison label should not be in the same location with foodstuffs, feeds, or any edible materials intended for consumptions by humans or animals.

(3) Loading. The manual shall contain specific guidance/procedures on:

(a) loading of dangerous goods in aircraft based in the ICAO Technical Instructions (TI);

(b) when other means of transportation are not available or impracticable, the loading and carriage of dangerous goods must be in cargo aircraft, in accordance with an exemption to these instructions and this CAR;

(c) loading of radioactive materials in aircraft in accordance with the transport index limitations and those radioactive packages are transported in accordance with those Technical Instructions;

(d) loading of dangerous goods in cargo compartments or freight containers in cargo compartments in accordance with the transport index's;

(e) loading Other Regulated Materials (ORM) aboard aircraft; and

(f) prohibition against loading packages bearing a poison label in the same compartment with foodstuffs, feeds, or any edible materials intended for consumption by humans and animals unless both commodities are in separate closed unit load devices (freight containers). IDSETA

(4) Written notification to pilot-in-command (NOTOC). The manual must include the company procedures on how the pilot-in-command is notified when dangerous goods are carried on board the aircraft.

(5) Incident Report on certain Dangerous Goods.

 The Manual must include company procedures for reporting incidents, caused by improper handling of dangerous goods.

 Reference: Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481).

(6) Damage to dangerous goods packages. The Manual must include the required company procedures for handling damaged packages, etiological agents and radioactive contamination.

(7) Special requirements for poisons. The Manual must include the required company procedures for handling packages bearing a poison label.

(B) MANUAL CONTENTS OF OPERATORS NOT ACCEPTING DANGEROUS GOODS. Operators who do not accept, handle, and store dangerous goods must have manuals, containing the procedures and instructions to ensure that:

(1) personnel must have adequate training to recognize those items classified as dangerous goods;

(2) no packages containing dangerous goods are accepted; and

(3) damaged packages found to contain or suspected of containing dangerous goods should be reported as dangerous goods incidents in compliance with ICAO Technical Instructions.

18.6 ESTABLISHMENT OF TRAINING PROGRAM

A Dangerous Goods Training Program shall be established and updated as provided for in the Technical Instructions (TI). DEIHSa

(A) Personnel

Personnel whose duties and responsibilities involves the acceptance, handling, and carriage of dangerous goods are the cargo receiving clerk/cargo dock supervisor, the cargo load planner/weight and balance clerk, the aircraft loader/forklift operator, the counter agent (if swift small package service is offered), the pilot-in-command, flight crew members, and other personnel involved in the acceptance, handling, storage, loading, and unloading of dangerous goods.

(B) Training manuals must contain adequate procedures and information to assist personnel in identifying package markings or labels. These should include instructions on the acceptance, handling, and carriage of dangerous goods. Likewise, the manuals must include instructions governing the determination of proper shipping names and hazard classes; as well as packaging, labeling and marking requirements. (Reference: ICAO Doc. 9284, Part 1, Chapter 4, Training, Table 1-4)

The information requirements for shipping documents, compatibility requirements, loading, storage, and handling requirements; as well as restrictions should also be included.

(C) The certificate holder is responsible for assuring that any person who performs packaging, loading, or handling operations of dangerous goods have received required training.

(D) Certificate holders who elect not to accept dangerous goods will ensure that their personnel (including crewmembers) are adequately trained to recognize those items, which can be classified as dangerous goods.

(E) All pilots, cabin crews, dispatchers, and instructors must be provided with initial training and recurrent training annually while shippers, packers, staff of freight forwarders, operator's and ground handling agent's staff accepting DG bi-annually through a CAAP approved training program that has been established or is recognized by the certificate holder. This program shall include information on the employee's duties concerning the identification, handling, storing, loading, unloading, and transporting dangerous goods. The following is a list of suggested minimum training subjects and references: Operators that will not accept or transport dangerous goods need only train in the subjects, which are indicated with an asterisk. SEDaAH

Training Subjects

*(1) Dangerous goods and classifications

(2) Shipping paper and certificate requirements

*(3) Packaging, marking, and labeling

(4) Exemption authority

(5) Exceptions from the regulations

(6) Written communication in pilot in command

(7) Keeping and replacement of lost or damaged labels

(8) Reporting hazardous materials incidents/deficiencies

(9) Loading, unloading, and handling

(10) Specific regulations applicable according to classification of material.

A test to verify understanding must be undertaken following training. Confirmation that the test has been completed satisfactorily is required and record should be made available to the Authority.

(F) Each certificate holder shall maintain records of the satisfactory completion of initial and recurrent training given to personnel who are responsible in the handling and carriage of dangerous goods. All required training must be documented. These records must be kept and maintained at their workplace.

(G) Those certificate holders operating under provisions of CAR Part 9 and those that they themselves use as pilot-in-command are responsible for assuring that dangerous goods shipments comply with this Civil Aviation Regulation. The CAAP oversight inspector/s assigned with the overall surveillance of the operations will seek the assistance and recommendations of the CAAP Flight Standards Inspectorate Service in the evaluation of the operator's dangerous goods program.

(H) The certificate holder who elects not to accept dangerous goods shall also ensure that crewmembers and handling staff are adequately trained to recognize those items classified as dangerous goods (DG Familiarization Training).

(I) Instructor Qualifications

(1) Unless otherwise provided for by this Authority, instructors of initial and recurrent dangerous goods training programs must have adequate instructional skills and have successfully completed a dangerous goods training program in the applicable category, or Category 6, prior to delivering such a dangerous goods training program. HTAEIS

(2) Instructors delivering initial and recurrent dangerous goods training programs must at least every 12 months deliver such courses, or in the absence of this, attend recurrent training.

18.7 INFORMATION TO PASSENGERS

Each certified Operator who engages in for-hire transportation of passengers shall display notices to passengers in accordance with the provisions of the CAAP under which the operator is certificated. These notices will be prominently displayed in each location at an airport where the operator issues tickets, checks baggage, and maintains aircraft boarding areas. These notices shall contain information concerning articles which may be carried along with any restrictions for doing so and information on any articles which may not be carried. These notices must include pictograms in addition to language to indicate pictorially the articles and restrictions or prohibitions.

18.8 TECHNICAL INFORMATION AND ASSISTANCE

(A) With the incorporation of international regulations into the national regulations and their continued amendments, many inquiries from air carriers or operators continue to seek clarification of the technical provisions of the regulations. The CAAP has designated a person as a Dangerous Goods Coordinator with the specific duty to monitor the CAAP's Dangerous Goods Compliance and Enforcement Program and provide technical information as required.

The contact persons/numbers for all Classes except Class 7:

Chief, Flight Operations Division

The contact persons/numbers for Class 7:

Philippine Nuclear Research Institute

(B) Before an air carrier or operator can transport any munitions or implements of war as defined by Article 35 of the ICAO Convention, that operator must have prior approval from CAAP.

(C) Each air carrier or operator shall inform CAAP of difficulties encountered in the application of the Technical Instructions and of any amendments which it would be desirable to make. The CAAP, in turn, will advise ICAO accordingly.

18.9 DEFINITIONS

When the following terms are used in this Civil Aviation Regulation, they have the following meanings:

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.

Crew member. A person assigned by an operator to duty on an aircraft during a flight duty period.

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. HScaCT

Dangerous goods accident. An occurrence associated with and related to the transport of dangerous goods by air 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 by air, 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 jeopardizes the aircraft or its occupants is also deemed to constitute a dangerous goods incident.

Exception. A provision in this Annex 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 this Annex.

Flight crew member. A licensed crewmember charged with duties essential to the operation of an aircraft during a flight duty period.

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

Operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation.

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.

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.

Note. — For radioactive material, see Part 2, Chapter 7, paragraph 7.2 of the Technical Instructions.

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 an appropriate national authority or a person accompanying a consignment or other cargo.

Pilot-in-command. 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.

Serious injury. An injury which is sustained by a person in an accident and which: TADaES

a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or

b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

c) involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; or

d) involves injury to any internal organ; or

e) involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or

f) involves verified exposure to infectious substances or injurious radiation.

State of Origin. The State in the territory of which the cargo was first loaded on an aircraft.

State of the Operator. 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.

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 freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo.

18.10 EXCEPTIONS

The following exceptions to the Technical Instructions for the Safe Transport of Dangerous Goods by Air are allowed:

(a) Articles and substances which would otherwise be classified as dangerous goods but which are required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations, or for those specialized purposes identified in the Technical Instructions, shall be excepted from the provisions of this Civil Aviation Regulation.

(b) Where articles and substances intended as replacements for those described above or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of this Civil Aviation Regulation except as permitted in the Technical Instructions. SDcITH

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

18.11 EXEMPTIONS

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, CAAP may grant exemptions from these provisions on a case by case basis, provided that in every such case all effort shall be made to achieve an overall level of safety in air transport which is equivalent to the level of safety provided by Annex 18 and Technical Instructions.

18.12 NOTIFICATION OF VARIATIONS FROM THE TECHNICAL INSTRUCTIONS

(a) When CAAP adopts different provisions from those specified in the Technical Instructions, it shall notify ICAO promptly of State variations for publication in the Technical Instructions.

(b) Each air carrier or operator should notify CAAP when the air carrier or operator adopts more restrictive requirements than those specified in the Technical Instructions. The CAAP will then notify of such operator variations to ICAO for publication in the Technical Instructions.

(c) Surface transport. CAAP should make provisions to enable dangerous goods intended for air transport and prepared in accordance with the ICAO Technical Instructions to be accepted for surface transport to or from aerodromes.

(d) National Authority. CAAP shall designate and specify to ICAO an appropriate authority within its administration to be responsible for ensuring compliance with Annex 18.

18.13 LIMITATIONS ON THE TRANSPORT OF DANGEROUS GOODS BY AIR

(a) Dangerous Goods permitted for transport by air

The transport of dangerous goods by air shall be forbidden except as established in Annex 18 and the detailed specifications and procedures provided in the Technical Instructions.

(b) Dangerous Goods forbidden for transport by air unless exempted

The dangerous goods described hereunder shall be forbidden on aircraft unless exempted by CAAP under the provisions of 2.1 (Annex 18) or unless the provision of the Technical Instructions indicates they may be transported under an approval issued by the State of Origin:

(i) articles and substances that are identified in the Technical Instructions as being forbidden for transport in normal circumstances; and

(ii) infected live animals.

(c) Dangerous Goods forbidden for transport by air under any circumstances

Articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances shall not be carried on any aircraft. SacDIE

18.14 PACKING

(a) General requirements

(i) Dangerous Goods shall be packed in accordance with the provisions of this Section and as provided for in the Technical Instructions.

(ii) Packaging 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.

(iii) Packaging shall be suitable for the contents. Packaging in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods.

(iv) Packaging shall meet the material and construction specifications in the Technical Instructions.

(v) Packaging shall be tested in accordance with the provisions of the Technical Instructions.

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

(vii) Inner Packaging 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. Cushioning and absorbent materials shall not react dangerously with the contents of the packaging.

(viii) No packaging shall be re-used until it has been inspected and found free from corrosion or other damage. Where a packaging is re-used, all necessary measures shall be taken to prevent contamination of subsequent contents.

(ix) If, because of the nature of their former contents, un-cleaned empty packaging may present a hazard, they shall be tightly closed and treated according to the hazard they constitute.

(x) No harmful quantity of a dangerous substance shall adhere to the outside of packages.

18.15 LABELLING AND MARKING

(a) Labels

Unless otherwise provided for in the Technical Instructions, each package of dangerous goods shall be labeled with the appropriate labels and in accordance with the provisions set forth in those Instructions.

(b) Markings

(i) Unless otherwise provided for in the Technical Instructions, each package of dangerous goods shall be marked with the proper shipping name of its contents and, when assigned, the UN Number and such other markings as may be specified in those Instructions. EcHIAC

(ii) Specification markings on Packaging. 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 and no packaging shall be marked with a packaging specification marking unless it meets the appropriate packaging specification contained in those Instructions.

(c) Languages to be used for markings

In addition to the languages required by the State of Origin and pending the development and adoption of a more suitable form of expression for universal use, English must be used for the markings related to dangerous goods.

18.16 SHIPPER'S RESPONSIBILITIES

(a) General requirements

Before a person offers any package or overpack of dangerous goods for transport by air, that person shall ensure that the dangerous goods are not forbidden for transport by air and are properly classified, packed, labeled and accompanied by a properly executed dangerous goods transport document, as specified in this Civil Aviation Regulation and the Technical Instructions.

(b) Dangerous goods transport document

(i) Unless otherwise provided for in the Technical Instructions, the person who offers dangerous goods for transport by air shall complete, sign and provide to the operator a dangerous goods transport document, which shall contain the information required by those Instructions.

(ii) The transport document shall bear a declaration signed by the person who offers dangerous goods for transport indicating that the dangerous goods are fully and accurately described by their proper shipping names and that they are classified, packed, marked, labeled, and in proper condition for transport by air in accordance with the relevant regulations.

(c) Languages to be used

In addition to the languages which may be required by the State of Origin and pending the development and adoption of a more suitable form of expression for universal use, English should be used for the dangerous goods transport document.

18.17 OPERATOR'S RESPONSIBILITIES

(a) Acceptance for transport

An operator shall not accept dangerous goods for transport by air:

(i) unless the dangerous goods are accompanied with dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required; and

(ii) 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.

(b) Acceptance checklist

An operator shall develop and use an acceptance checklist as an aid to compliance with the provisions of Operator's Responsibilities.

(c) Loading and stowage

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.

(d) Inspection for damage or leakage

(i) Packages and overpacks containing dangerous goods and freight containers containing radioactive materials shall be inspected for evidence of leakage or damage before loading on an aircraft or into a unit load device. Leaking or damaged packages, overpacks or freight containers shall not be loaded on an aircraft.

(ii) A unit load device shall not be loaded 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.

(iii) Where any package of dangerous goods loaded on an aircraft appears to be damaged or leaking, the operator shall remove such package from the aircraft, or arrange for its removal by an appropriate authority or organization, and thereafter shall ensure that the remainder of the consignment is in a proper condition for transport by air and that no other package has been contaminated. CIDcHA

(iv) Packages or overpacks containing dangerous goods and freight containers containing radioactive materials shall be inspected for signs of damage or leakage upon loading from the aircraft or unit load device. If evidence of damage or leakage is found, the area where the dangerous goods or unit load device were stowed on the aircraft shall be inspected for damage or contamination.

(e) Loading restrictions in passenger cabin or flight deck

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.

(f) Removal of contamination

(i) Any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods shall be removed without delay.

(ii) An aircraft which has been contaminated by radioactive materials shall immediately be taken out of service and not 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.

(g) Separation and segregation

(i) Packages containing dangerous goods which might react dangerously one with another shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage.

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

(iii) 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 provisions in the Technical Instructions.

(h) Securing of dangerous goods cargo loads

When dangerous goods subject to the provisions contained herein are loaded in an aircraft, the operator shall protect the dangerous goods from being damaged, and shall 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. For packages containing radioactive materials, the securing shall be adequate to ensure that the separation requirements are met at all times.

(i) Loading on cargo aircraft

Except as otherwise provided in the Technical Instructions, packages of dangerous goods bearing the "Cargo aircraft only" label shall be loaded in such a manner that a crew member or other authorized person can see, handle and, where size and weight permit, separate such packages from other cargo in flight.

18.18 PROVISION OF INFORMATION

(a) Information to pilot-in-command

Each Air Operator Certificate (AOC) holder shall ensure that the pilot-in-command (PIC) is provided with written information, as specified in the Technical Instructions. prLL

(b) Information and instructions to flight crew member

Each AOC holder 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, including the action to be taken in the event of emergencies arising and/or involving dangerous goods.

(c) Information to passengers

Each AOC holder shall ensure that information is promulgated as required by the technical Instructions, so that passengers are warned as to the types of dangerous goods which they are forbidden from transporting aboard an aircraft.

(d) Information to other persons

Operators, shippers or other organizations involved in the transport of dangerous goods by air shall provide such information to their personnel as will enable them to carry out responsibilities with regard to the transport of dangerous goods and shall provide instructions as to the action to be taken in the event of emergencies that may arise involving dangerous goods.

(e) Information from pilot-in-command to aerodrome authorities

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.

(f) Information in the event of an aircraft accident or incident

In the event of:

i) an aircraft accident; or

ii) a serious incident where dangerous goods carried as cargo may be involved.

Each AOC holder 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 minimize the hazards created by any dangerous goods carried.

18.19 COMPLIANCE

(a) Inspection systems

Each air carrier or operator shall ensure inspection, surveillance and enforcement procedures with a view to achieving compliance with the dangerous goods regulations.

(b) Cooperation between States

CAAP will participate in cooperative efforts with other States concerning violations of dangerous goods regulations, with the aim of eliminating such violation. Cooperative efforts could include coordination of investigations and enforcement actions, exchanging information on a regulated parties compliance history; joint inspections and other technical liaisons, exchange of technical staff, and joint meetings and conferences. Appropriate information that could be exchanged include safety alerts, bulletins or dangerous goods advisories; proposed and completed regulatory actions; incident reports; documentary and other evidence developed in the investigation of incidents; proposed and final enforcement actions; and educational/outreach materials suitable for public dissemination. ICTDEa

(c) Penalties

(i) CAAP shall take such measures as it may deem appropriate to achieve compliance with its dangerous goods regulations including the prescription of appropriate penalties for violations as enumerated in Sections 81 (a) 14, and 82 of RA No. 9497 of 2008.

(ii) CAAP will take appropriate action to achieve compliance with its dangerous goods regulations, including the prescription of appropriate penalties for violations, when information about a violation is received from another Contracting State, such as when a consignment of dangerous goods is found not to comply with the requirements of the Technical Instructions on arrival in a Contracting State and that State reports the matter to the State of Origin.

(d) Dangerous goods by mail

CAAP will establish procedures in coordination with the Philippine Postal Corporation through a Memorandum of Understanding or Agreement (MOU/MOA) with a view of preventing the introduction of dangerous goods into air transport through its postal services.

18.20 DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING

(a) With the aim of preventing the recurrence of dangerous goods accidents and incidents, the CAAP shall establish procedures for investigating and compiling information concerning such accidents and incidents which occur in its territory and which involve the transport of dangerous goods originating in or destined for another State. Reports on such accidents and incidents shall be made in accordance with the detailed provisions of the Technical Instructions.

(b) With the aim of preventing the recurrence of dangerous goods accidents and incidents, the CAAP will establish procedures for investigating and compiling information concerning such accidents and incidents which occur in its territory other than those described in paragraph (a). Reports on such accidents and incidents should be made in accordance with the detailed provisions of the Technical Instructions.

(c) Each AOC holder shall report dangerous goods incidents and accidents to the CAAP within seventy-two (72) hours of the event, unless exceptional circumstances prevent this.

18.21 DANGEROUS GOODS SECURITY PROVISIONS

Each air carrier or operator shall establish dangerous goods security measures, applicable to shippers, operators and other individual engaged in the transport of dangerous goods by air, to be taken to minimize theft or misuse of dangerous goods that may endanger persons, property or the environment. These measures should be commensurate with security provisions specified in other Annexes and the Technical Instructions. ICASEH