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CAR Part 18-30sep08

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Republic of the Philippines

CIVIL AVIATION REGULATIONS (CAR)


Part 18

SAFE TRANSPORT OF DANGEROUS GOODS

BY AIR

30 September 2008
CAR Part 18

Republic of the Philippines

CIVIL AVIATION REGULATIONS (CAR)

Part 18

SAFE TRANSPORT OF DANGEROUS GOODS


BY AIR
30 September 2008

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:

________________________ _____________
DATE
RUBEN F. CIRON
Director General
Civil Aviation Authority of the Philippines

Issue 1 18-1 30 Sep 2008


Part 18 CAR

FOREWORD

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

30 Sep 2008 18-2 Issue 1


CAR Part 18

TABLE OF CONTENTS
FOREWORD ……………………………………………………………………………… 18-2
TABLE OF CONTENTS …………………………………………………………………………. 18-3
RECORD OF AMENDMENTS ………………………………………………………………….. 18-4
LIST OF EFFECTIVE PAGES ..………………………………………………………………… 18-5
18.1 PURPOSE ……………………………………………………………………………… 18-6
18.2 AUTHORITY …………………………………………………………………………… 18-6
18.3 APPLICABILITY ……………………………………………………………………… 18-6
CLASS 1: EXPLOSIVES ……………………………………………………… 18-7
CLASS 2: GASES …………………………………………………………. 18-7
CLASS 3: FLAMMABLE LIQUIDS …………………………………………… 18-7
CLASS 4: FLAMMABLE SOLIDS; SUBSTANCES LIABLE TO
SPONTANEOUS COMBUSTION; SUBSTANCES WHICH, ON
CONTACT WITH WATER, EMIT FLAMMABLE GASES ………. 18-7
CLASS 5: OXIDIZING SUBSTANCES AND ORGANIC PEROXIDES …… 18-7
CLASS 6: TOXIC AND INFECTIOUS SUBSTANCES …………………… 18-7
CLASS 7: RADIOACTIVE MATERIALS …………………………………….. 18-7
CLASS 8: CORROSIVE SUBSTANCES ……………………………………. 18-7
CLASS 9: MISCELLANEOUS DANGEROUS SUBSTANCES AND ARTICLES 18-8
18.4 CANCELLATION …………………………………………………………………….. 18-8
18.5 MANUAL REQUIREMENTS ……………………………………………………….. 18-8
18.6 ESTABLISHMENT OF TRAINING PROGRAM …………………………………… 18-10
18.7 INFORMATION TO PASSENGERS ………………………………………………… 18-12
18.8 TECHNICAL INFORMATION AND ASSISTANCE ……………………………… 18-12
18.9 DEFINITIONS ………………………………………………………………………… 18-13
18.10 EXCEPTIONS ………………………………………………………………………… 18-15
18.11 EXEMPTIONS ………………………………………………………………………… 18-15
18.12 NOTIFICATION OF VARIATIONS FROM THE TECHNICAL INSTRUCTIONS …. 18-16
18.13 LIMITATIONS ON THE TRANSPORT OF DANGEROUS GOODS BY AIR …….. 18-16
18.14 PACKING ………………………………………………………………………………. 18-17
18.15 LABELLING AND MARKING ……………………………………………………….. 18-18
18.16 SHIPPER’S RESPONSIBILITIES …………………………………………………. 18-18
18.17 OPERATOR’S RESPONSIBILITIES …………………………………………… 18-19
18.18 PROVISION OF INFORMATION …………………………………………… 18-21
18.19 COMPLIANCE ………………………………………………………………….. 18-22
18.20 DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING ……….. 18-23
18.21 DANGEROUS GOODS SECURITY PROVISIONS ………………………………. 18-23

Issue 1 18-3 30 Sep 2008


Part 18 CAR

Record of Amendments

Amendment No Amendment Date Date Incorporated Incorporated by


Issue 1 30 Sep 2008 30 Sep 2008 -

30 Sep 2008 18-4 Issue 1


CAR Part 18

List of Effective Pages

Issue /
Page No Effective date
Amendment
18-1 to18-23 Issue 1 30 Sep 2008

Issue 1 18-5 30 Sep 2008


Part 18 CAR

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 issued 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 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,
ICAO Technical Instructions (TI) for the Safe Transport of Dangerous Goods by Air
(Doc. 9284).

In the interest of safety and minimizing interruptions to the international transport of


dangerous goods, the domestic civil aircraft operations must comply with Annex 18
and 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:

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CAR Part 18

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
Division1.6: 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 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

Class 8: Corrosive substances

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Part 18 CAR

Class 9: Miscellaneous dangerous substances and articles

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

18.4 CANCELLATION. Not applicable.

18.5 MANUAL REQUIREMENTS.

Each Operator shall prepare a Manual required by Civil Aviation Regulations (CAR)
Part 18. 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).

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CAR Part 18

(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 TI


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 TI’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

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Part 18 CAR

commodities are in separate closed unit load devices (freight


containers).

(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).

(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,

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CAR Part 18

the aircraft loader/forklift operator, the counter agent (if swift small package
service is offered), the pilot-in-command, flight crewmembers, 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)
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 personnel responsible in handling dangerous goods shall receive


initial training and recurrent training on an annual basis through a CAAP
approved training program that has been established or is recognized by the
certificate holder. This program should 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.

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.

Issue 1 18-11 30 Sep 2008


Part 18 CAR

(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 and 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).

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 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
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:


Chief, Air Operations Regulatory Section
Flight Standards and Inspectorate Service
Civil Aviation Authority of the Philippines
Old Mia Road, Pasay City 1300
Metro Manila, Philippines
Telephone numbers (632) 834-0150 or (632) 879-9223
Facsimile number (632) 879-9218

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CAR Part 18

Philippine Nuclear Research Institute


Commonwealth Avenue, Diliman, Quezon City
Metro Manila, Philippines
PO Box 932 Manila or 213 U.P. Quezon City
Telephone numbers (632) 929-6010 to 19
Facsimile number (632) 920-1646

B) Before an 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 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.

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.

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Part 18 CAR

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:

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.

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CAR Part 18

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 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 Regulations.

(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.

(c) Specific articles and substances carried by passengers or crew members shall be
excepted from the provisions of this Civil Aviation Regulations 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 the Annex
and Technical Instructions.

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Part 18 CAR

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 Operator should notify CAAP when 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

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CAR Part 18

Technical Instructions as being forbidden for transport by air under any


circumstances shall not be carried on any aircraft.

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.

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Part 18 CAR

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.

(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

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CAR Part 18

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 the 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.

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Part 18 CAR

(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.

(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

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CAR Part 18

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

(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.

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Part 18 CAR

(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 operator shall ensure inspection, surveillance and enforcement procedures


with a view to achieving compliance with its 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.

(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 enumeration 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

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CAR Part 18

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 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 Civil Aviation Authority of the Philippines within seventy-two (72) hours of the
event, unless exceptional circumstances prevent this.

18.21 DANGEROUS GOODS SECURITY PROVISIONS

Each 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.

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Issue 1 18-23 30 Sep 2008

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