The Air Navigation (Dangerous Goods) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 742

Civil Aviation

The Air Navigation (Dangerous Goods) (Amendment) Regulations 2021

Made

17th June 2021

Coming into force

29th June 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 97(1) of the Air Navigation Order 2016(1).

Citation and commencement

1.  These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2021 and come into force on 29th June 2021.

Amendment of Regulations

2.—(1) The Air Navigation (Dangerous Goods) Regulations 2002(2) are amended as follows.

(2) In regulation 3 (interpretation)—

(a) in paragraph (1), for the definition of “Technical Instructions” substitute—

““Technical Instructions” means the 2021–2022 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air(3), approved and published by decision of the Council of the International Civil Aviation Organization;”; and

(b) for paragraph (2), substitute—

“(2) Other expressions used in these Regulations have the same respective meanings as in the Air Navigation Order 2016, except for “occurrence” and “product”.”.

(3) In regulation 5 (prohibition of carriage of dangerous goods)—

(a) in paragraph (3)(a), for “1.1.3” substitute “1.1.5”; and

(b) in paragraph (3)(b)(i), for “Air Navigation Order 2000” substitute “Air Navigation Order 2016”.

(4) In regulation 6 (provision of information by the operator to crew etc), in paragraph (2)—

(a) for “commander” substitute “pilot in command”; and

(b) in sub-paragraph (b), for “4.8” substitute “4.9”.

(5) In regulation 11 (shipper’s responsibilities)—

(a) in paragraph (g), for “and 3.2” substitute “, 3.2 and 3.3”; and

(b) in paragraph (i), for “4.3 and 4.4” substitute “4.2 and 4.3”.

(6) For the heading to Part V, substitute “Pilot in Command’s Obligations”.

(7) In the heading to regulation 12 (commander’s duty to inform air traffic services), for “Commander’s” substitute “Pilot in Command’s”.

(8) In regulation 12, for “commander” substitute “pilot in command”.

(9) In regulation 13 (provision of training)—

(a) in paragraph (1), for “1.5” substitute “1.4”;

(b) in paragraphs (2)(c) and (3)(b), for “4.9” substitute “4.10”; and

(c) in paragraph (6), for “4.2” substitute “4.4”.

(10) In regulation 16 (keeping of documents and records), in paragraphs (1) and (2)(c), for “commander” substitute “pilot in command”.

(11) In regulation 17 (production of documents and records), in paragraph (1)(d), for “commander” substitute “pilot in command”.

(12) In regulation 19 (occurrence reporting), for paragraph (5) substitute—

“(5) Nothing in this regulation shall require a person to report any occurrence which he has reported under Regulation (EU) No 376/2014(4) or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that Regulation.”.

Revocation

3.  The Air Navigation (Dangerous Goods) (Amendment) Regulations 2019(5) are revoked.

Signed by authority of the Secretary of State for Transport

Robert Courts

Parliamentary Under Secretary of State

Department for Transport

17th June 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Air Navigation (Dangerous Goods) Regulations 2002.

The definition of “Technical Instructions” is replaced by a definition referring to the 2021-2022 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organization (“ICAO”).

Cross references to the Technical Instructions are also updated where appropriate to ensure that the provisions work as intended. Other expressions used in these Regulations originally derived from the Air Navigation Order 2000 (revoked) are updated where appropriate to ensure alignment with the Air Navigation Order 2016.

The Air Navigation (Dangerous Goods) (Amendment) Regulations 2019 are revoked.

An Impact Assessment has not been produced for this instrument as there is no material effect on business, charities or the voluntary sector.

The Technical Instructions (ISBN 978-92-9258-946-2) can be purchased from:

ICAO, website: https://store.icao.int/;

Labeline, Midas House, Chivenor Business Park, Barnstaple, Devon EX31 4AY, tel. [phone], website: https://www.labeline.com/; or from

Freight Merchandising Services Limited, Unit 383, Sykes Road, Slough Trading Estate, Slough, Berkshire, SL1 4SP, tel. [phone], website: http://www.fmslondon.co.uk.

(1)

S.I. 2016/765, to which there are amendments not relevant to these Regulations.

(2)

S.I. 2002/2786, as amended by S.I. 2019/922.

(3)

ISBN 978-92-9258-946-2.

(4)

EUR 2014/376, as amended by S.I. 2019/645.

(5)

S.I. 2019/922.