The Air Navigation (Overseas Territories) Order 2007

PART II Requirements for carriage of dangerous goods

Requirement for approval of operator

2.—(1) An aircraft shall not carry or have loaded onto it any dangerous goods unless—

(a) the operator is approved under this regulation; and

(b) such goods are carried or loaded in accordance with—

(i) any conditions to which such approval may be subject; and

(ii) in accordance with the Technical Instructions.

(2) An approval under this regulation—

(a) shall be granted by the Governor if he is satisfied the operator is competent to carry dangerous goods safely;

(b) shall be in writing; and

(c) may be subject to such conditions as the Governor thinks fit.

Prohibition of carriage of dangerous goods

3.—(1) Subject to paragraphs (2) and (3) a person shall not—

(a) deliver or cause to be delivered for carriage in, or

(b) take or cause to be taken on board;

an aircraft any dangerous goods, which he knows or ought to know or suspect to be goods capable of posing a risk to health, safety, property or the environment when carried by air, unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.

(2) Subject to paragraph (3), these Regulations shall not apply to those dangerous goods specified in the Technical Instructions as being—

(a) for the proper navigation or safety of flight;

(b) to provide, during flight, medical aid to a patient;

(c) to provide, during flight, veterinary aid or a humane killer for an animal;

(d) to provide, during flight, aid in connection with search and rescue operations;

(e) permitted for carriage by passengers or crew members; or

(f) intended for use or sale during the flight in question.

(3) (a) The goods specified in paragraph (2) shall only be carried provided they comply with the following sub-paragraphs and Part 8 and the applicable provisions in paragraphs 1.1.3 and 2.2 of Part 1 of the Technical Instructions.

(b) The goods specified in sub-paragraph (2)(a) shall only be carried if—

(i) they are required to be carried on an aircraft by or under this Order or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, such goods are required to be carried or intended to be used on that particular flight;

(ii) when they are intended as replacements or have been removed for replacement, they comply with paragraph 2.2.2 of Part 1 of the Technical Instructions;

(c) The goods specified in sub-paragraph (2)(b) and (2)(c) shall only be carried if—

(i) they are or may be required for use during the flight;

(ii) they are or may be required for use during a subsequent flight by the same aircraft and it will not be practicable to load the goods onto the aircraft in the intervening period before the commencement of that subsequent flight; or

(iii) they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight;

(d) The goods specified in sub-paragraph (2)(e) shall only be carried by passengers or crew members if they comply with the provisions in Part 8 of the Technical Instructions;

(e) The goods specified in sub-paragraph (2)(f) shall only be carried if the Technical Instructions identify them as being items which can be carried on an aircraft for sale or use during a flight or, when they are intended as replacements for such items or have been removed for replacement, they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions.