Bijlage A Regeling vervoer gevaarlijke stoffen door de lucht BES: behorende bij de Regeling vervoer gevaarlijke stoffen door de luct BES

Regeling vervoer gevaarlijke stoffen door de lucht BES

When the following terms are used in this part, they have the following meanings: Note: A unit load device is not included in this definition. Note: For radioactive material, see Part 2, paragraph 7.2 of the Technical Instructions. Note: An overpack is not included in this definition. The Minister may grant exemptions for the following, as long as every effort is made to achieve an overall level of safety in transport that is equivalent to the level of safety provided by this part: 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. If the Netherlandse are the State of Overflight and none of the criteria for granting an above mentioned 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. Any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on passenger or cargo aircraft, as therein defined shall for the purpose of this part be interpreted as applying also to the carriage of such goods beneath passenger or cargo aircraft. With respect to any goods which a person knows or ought to know or suspect to be dangerous goods, that person shall not, without determining and complying with the restrictions regarding carriage by air: take or cause it to be taken on board; suspend or cause it to be suspended beneath; or deliver or cause it to be delivered for loading or suspension beneath an aircraft. Dangerous goods shall not be carried or loaded on an aircraft or suspended there under unless such goods are carried, loaded or suspended: with the written authorization of the Minister; in accordance with any conditions to which such approvals may be subject; and in accordance with the Technical Instructions and any conditions specified therein. Dangerous goods intended for air transport and prepared in ac

• a) Acceptance: a package will be considered accepted when the acceptance checklist mentioned under 18.7.2. has been signed by the operator’s representative. The baggage of a passenger will be considered accepted by the operator at the check-in counter when the baggage label is placed on it.
• b) Cargo aircraft: Any aircraft, other than a passenger aircraft, which is carrying goods or property;
• c) 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;
• d) Crew member: A person assigned by an operator to duty on an aircraft during a flight duty period;
• e) 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;
• f) 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;
• g) 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.
• i) Exception: A provision in this part which excludes a specific item of dangerous goods from the requirements normally applicable to that item;
• j) Exemption: An authorization issued by the Minister providing relief from the provisions of this part;
• k) Flight crew member: A licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;
• l) Incompatible: Describing dangerous goods which, if mixed, would be liable to cause a dangerous evolution of heat or gas or produce a corrosive substance;
• n) Operator: A person, organization or enterprise engaged in or offering to engage in an aircraft operation;
• o) 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;
• p) Package: The complete product of the packing operation consisting of the packaging and its contents prepared for transport;
• q) Packaging: Receptacles and any other components or materials necessary for the receptacle to perform its containment function;
• r) 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;
• s) 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;
• t) Serious injury: An injury, which is sustained by a person in an accident and which:
• 1°. requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or
• 2°. results in a fracture of any bone (except simple fractures of fingers, toes or nose); or
• 3°. involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or
• 4°. involves injury to any internal organ; or
• 5°. involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
• 6°. involves verified exposure to infectious substances or injurious radiation;
• u) State of : The State in the territory of which the cargo was first loaded on an aircraft;
• v) 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;
• w) 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;
• x) Unit load device: Any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo.
• 1. The requirements of this part shall be applicable to the carriage of dangerous goods by air as specified in Annex 18 and the current Technical Instructions for the Safe Transport of Dangerous Goods by air (ICAO DOC. Nr. 9284-AN/905), whether that transport relates to an operation under general aviation, aerial work or commercial transport requirements
• 2. The requirements under this part are also applicable to domestic operations.
• 1. The Minister shall inform ICAO of difficulties encountered in the application of the Technical Instructions and of any amendments which it would be desirable to make to them.
• 2. Although any amendment to the Technical Instructions with an immediate applicability for reasons of safety may not yet have been implemented in the Netherlands Antilles, the movement of dangerous goods which are consigned from another Contracting State in accordance with that amendment providing the goods comply in total with the revised requirements shall nevertheless be facilitated in the territory of the Netherlands Antilles.
• 1. Articles and substances which would otherwise be classed as dangerous goods but which are required to be on board 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 part.
• 2. Where articles and substances intended as replacements for those described in above paragraph or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of this part except as permitted in the Technical Instructions.
• 3. Specific articles and substances carried by passengers or crew members shall be excepted from the provisions of this part to the extent specified in the Technical Instructions.
• 1. Where different provisions from those specified in the Technical Instructions are adopted, the Minister shall notify ICAO promptly of such variations for publication in the Technical Instructions.
• 2. If an operator established in the Netherlands Antilles adopts more restrictive requirements than those specified in the Technical Instructions, the Minister shall take the necessary measures to ensure the notification of such operator variations is made to ICAO for publication in the Technical Instructions.
• a) articles and substances that are identified in the Technical Instructions as being forbidden for transport in normal circumstances; and
• b) infected live animals.
• 1. Packagings used for the transport of dangerous goods by air shall be of good quality and shall be constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport, by changes in temperature, humidity or pressure, or by vibration.
• 2. Packagings shall be suitable for the contents. Packagings in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods.
• 3. Packagings shall meet the material and construction specifications in the Technical Instructions.
• 4. Packagings shall be tested in accordance with the provisions of the Technical Instructions.
• 5. Packagings for which retention of a liquid is a basic function, shall be capable of withstanding, without leaking, the pressure stated in the Technical Instructions.
• 6. Inner packagings shall be so packed, secured or cushioned as to prevent their breakage or leakage and to control their movement within the outer packaging(s) during normal conditions of air transport. Cushioning and absorbent materials shall not react dangerously with the contents of the packagings.
• 7. 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.
• 8. If, because of the nature of their former contents, uncleaned empty packagings may present a hazard, they shall be tightly closed and treated according to the hazard they constitute.
• 9. No harmful quantity of a dangerous substance shall adhere to the outside of packages.
• 1. 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.
• 2. Specification markings on packagings. 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.
• 1. 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.
• 2. The transport document shall bear a declaration signed by the person who offers dangerous goods for transport by air 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.
• 3. In addition to the languages required by the State of and pending the development and adoption of a more suitable form of expression for universal use, English must be used for the dangerous goods transport document.
• a) unless the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required; and
• b) 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.
• 1. 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.
• 2. 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.
• 3. 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.
• 4. Packages or overpacks containing dangerous goods and freight containers containing radioactive materials shall be inspected for signs of damage or leakage upon unloading 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.
• 1. Any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods shall be removed without delay.
• 2. 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
• 1. 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.
• 2. Packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the provisions of the Technical Instructions.
• 3. 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.
• 1. In the event of:
• a) an aircraft accident; or
• b) a serious incident where dangerous goods carried as cargo may be involved, the operator of the aircraft carrying dangerous goods as cargo shall provide information, without delay, to emergency services responding to the accident or serious incident about the dangerous goods on board, as shown on the written information to the pilot-in-command. As soon as possible, the operator shall also provide this information to the appropriate authorities of the State of the Operator and the State in which the accident or serious incident occurred.
• 2. In the event of an aircraft incident, the operator of an aircraft carrying dangerous goods as cargo shall, if requested to do so, provide information without delay to emergency services responding to the incident and to the appropriate authority of the State in which the incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in-command.
• a) shippers of dangerous goods, including packers and persons or organizations undertaking the responsibilities of the shipper;
• b) operators authorized to carry dangerous goods by air;
• c) operators not authorized to carry dangerous goods by air;
• d) ground handling agencies which perform, on behalf of the operator, the act of accepting, handling, loading, unloading, transferring or other processing of cargo, mail or stores;
• e) ground handling agencies located at an airport which perform, on behalf of the operator, the act of processing passengers;
• f) agencies, not located at an airport, which perform, on behalf of the operator, the act of checking in passengers;
• g) freight forwarders; and
• h) agencies engaged in the security screening of passengers and their baggage and/or cargo, mail or stores;
• i) Any other organization or agency involved in the transport of dangerous goods by air.