POSTED BY:ADMIN      release time: 2022-08-12

Regulations on the Administration of Transportation of Dangerous Goods by Civil Aviation in China.

Order No. 216 of the Civil Aviation Administration of China

The "Regulations on the Administration of Transportation of Dangerous Goods by Civil Aviation in China" (CCAR-276-R1), which were adopted at the executive meeting of the Civil Aviation Administration of China on December 24, 2012, are hereby promulgated and shall come into force on March 1, 2014.

Director Li Jiaxiang

September 22, 2013

Regulations on the Administration of Transportation of Dangerous Goods by Civil Aviation in China

Chapter 1 General Provisions

Article 1 These Provisions are formulated in accordance with the Civil Aviation Law of the People's Republic of China and relevant laws and administrative regulations in order to strengthen the management of air transport of dangerous goods, promote the development of air transport of dangerous goods, and ensure the safety of air transport.

Article 2 These regulations are applicable to domestic public air transport operators (hereinafter referred to as domestic operators), foreign public air transport operators that operate scheduled air routes or non-scheduled flights between foreign and Chinese locations (hereinafter referred to as foreign operators) and Any unit or individual related to the air transport of dangerous goods.

Article 3 The Civil Aviation Administration of China (hereinafter referred to as the Civil Aviation Administration) shall supervise and manage the national air transport of dangerous goods in accordance with its duties, and the Regional Administration of Civil Aviation of China (hereinafter referred to as the Civil Aviation Regional Administration) shall, in accordance with its duties, supervise and manage the air transport of dangerous goods within its jurisdiction. Supervision and management of activities.

Article 4 The following terms in these regulations, unless otherwise specified in the specific clauses, have the following meanings:

(1) "Dangerous Goods" refers to the articles or substances listed in the "Technical Instructions" Dangerous Goods List or classified according to the Rules that can pose a danger to health, safety, property or the environment.

(2) "Technical Instructions" refers to the "Technical Instructions for the Safe Transport of Dangerous Goods by Air" (Doc9284), which are regularly approved and published in accordance with the procedures established by the ICAO Council.

(3) "Operators" refer to public air transport enterprises that use civil aircraft for the purpose of profit-making to transport passengers, luggage, goods and mail, including domestic operators and foreign operators.

(4) "Shipper" means the person who concludes the contract with the carrier for the carriage of goods and signs the air waybill or the cargo record.

(5) "Cargo sales agent" refers to an enterprise authorized by the operator to engage in the sales activities of air transportation of goods on behalf of the operator. 

(6) "Ground service agent" refers to an enterprise authorized by the operator to engage in various air transport ground services on behalf of the operator.

(7) "Consignment" is one or more packages of dangerous goods that are received by the operator at one address at a time from one shipper and issued by one consignee at one batch and one destination address. 

(8) "Pilot captain" refers to the pilot designated by the operator who has command functions in flight and is responsible for flight safety operations.

(9) "Dangerous goods accident" refers to an accident related to the air transport of dangerous goods, causing fatal or serious personal injury or major property damage or environmental damage.

(10) "Dangerous Goods Incident" refers to an accident that is different from a dangerous goods accident, but is related to the air transport of dangerous goods, and does not necessarily occur on an aircraft, but causes personal injury, property damage or damage to the environment, fire, damage, overflow, etc. Liquid leaks, radioactive leaks, or other conditions where the packaging has not been kept intact. Any event related to the air transport of dangerous goods that seriously endangers the aircraft or persons on board is also considered to constitute a dangerous goods incident.

(11) "Exception" means an exemption from compliance with the requirements of a specific item of dangerous goods generally applicable to these regulations.

(12) "Package" refers to the complete product of the packaging operation, including the packaging and the contents ready for transportation.

(13) "Assembly packaging" means a closure used by a shipper to pack one or more packages and form an operating unit for the convenience of operation and loading. This definition does not include ULDs.

(14) "United container" refers to any type of cargo container, aircraft container, aircraft pallet with net or aircraft pallet with net container shed. This definition does not include bulk packaging.

(15) "Packaging" refers to containers and any other parts or materials that have the function of containing them.

(16) "State of Origin" means the State within whose territory the cargo was initially loaded onto an aircraft.

(17) "United Nations number" refers to the four-digit code assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a group of specific substances.

Article 5 Operators and other units and individuals engaged in the air transport of dangerous goods shall abide by the currently effective "Technical Instructions" and its supplementary materials and any appendices, and the laws, administrative regulations and rules of the People's Republic of China. Except as otherwise stipulated in other regulatory documents of the Civil Aviation Administration. 

Article 6 The relevant units engaged in the air transport of dangerous goods shall establish a self-inspection system, and conduct self-examination on the air transport manuals, management procedures, training programs, personnel qualifications, etc. Relevant regulations are strictly enforced.

Chapter II Restrictions and Exemptions on Air Transport of Dangerous Goods

Article 7 The air transport of dangerous goods shall comply with the detailed specifications and procedures stipulated in these Regulations and the Technical Instructions.

Article 8 Unless exempted in Articles 12 and 13 of these Regulations or approved for transport by the country of origin in accordance with the Technical Instructions, the following dangerous goods are prohibited from being loaded on aircraft: 

(1) Dangerous goods that are prohibited from being transported under normal conditions as stipulated in the Technical Instructions;

(2) Infected live animals.

Article 9 It is prohibited to post dangerous goods by air mail or to carry dangerous goods in air mail, unless otherwise stipulated in the Technical Instructions. 

It is prohibited to conceal or falsely declare dangerous goods as ordinary items by airmail.

Postal enterprises and express delivery enterprises that receive or send dangerous goods shall be punished in accordance with the "Postal Law of the People's Republic of China".

Article 10 No aircraft may carry articles and substances that are prohibited from being transported by air under any circumstances as stipulated in the Technical Instructions.

Article 11 Substances and articles that meet the following conditions are not subject to these regulations:

(1) Articles and substances that have been classified as dangerous goods need to be loaded on the aircraft according to the relevant airworthiness requirements and operational regulations, or for other special reasons listed in the Technical Instructions.

The replacement of the above-mentioned articles and substances carried on the aircraft, or the articles or substances that have been unloaded due to the replacement, shall be transported in accordance with these regulations, except as permitted by the Technical Instructions.

(2) Specific articles and substances carried by passengers or crew members within the scope of the Technical Instructions.

Article 12 In the following circumstances, the Civil Aviation Administration may approve the transportation in accordance with the "Technical Instructions":

(1) For the "Technical Instructions", it is indicated that the dangerous goods that are approved to be transported by passenger aircraft and/or cargo aircraft can be transported;

(2) Other purposes specified in the Technical Instructions.

In the above cases, the overall safety level of transportation must reach the safety level equivalent to that specified in the Technical Instructions. An exemption may be sought if the Technical Instructions do not expressly refer to allowing an approval to be granted. 

Article 13 In the case of extreme urgency or inappropriate use of other modes of transportation or completely complying with the requirements of the regulations and contrary to the public interest, the Civil Aviation Administration may exempt the provisions of the "Technical Instructions", but in such cases it shall make every effort to Bring the overall safety level of transport to the same level of safety required by these regulations. 

Chapter III Dangerous Goods Air Transport Licensing Procedures

Section 1 General Provisions

Article 14 An operator engaged in the air transport of dangerous goods shall obtain a dangerous goods air transport license and implement it according to the content of the license. 

Article 15 The regional administration of civil aviation shall inform the applicant of the policies and regulations on the air transport of dangerous goods, and provide the applicant with the standard format of consultation and application form for applying for the dangerous goods air transport license.

Article 16 In the event of major, emergency and special situations such as the transportation of rescue personnel or materials in the event of a disaster, the CAAC Regional Administration shall apply for a permit for the air transportation of dangerous goods in accordance with the relevant requirements of the CAAC.

Article 17 The dangerous goods air transport license issued by the regional civil aviation administration shall contain the following contents:

(1) Explain that the operator shall implement the operation within the approved business scope in accordance with the requirements of these Regulations and the Technical Instructions;

(2) The category of dangerous goods approved for transportation;

(3) the validity period of the license;

(4) Necessary restrictions.

Section 2 Application and Permit for Air Transport of Dangerous Goods by Domestic Operators

Article 18 When a domestic operator applies for a dangerous goods air transport license, it shall meet the following conditions:

(1) Hold a public air transport enterprise operation license;

(2) The dangerous goods air transport manual complies with the requirements for the transport of dangerous goods;

(3) The dangerous goods training program meets the requirements for the transportation of dangerous goods;

(4) According to the dangerous goods air transport manual, the management and operation procedures and emergency plans for the air transport of dangerous goods have been established;

(5) Equipped with suitable and sufficient personnel and completed the training according to the dangerous goods training program and qualified;

(6) Have the ability to carry out the air transport of dangerous goods in accordance with these regulations, the "Technical Rules" and the dangerous goods air transport manual.

Article 19 When a domestic operator applies for the air transport license of dangerous goods for the first time, it shall submit the following materials to the Regional Administration of Civil Aviation:

(1) Application form;

(2) A photocopy of the business license of the public air transport enterprise;

(3) The business scope and category of dangerous goods intended to be engaged in the air transport of dangerous goods;

(4) Dangerous Goods Air Transport Manual;

(5) Dangerous goods training program;

(6) A description of compliance with the training requirements of these Provisions and the Technical Instructions;

(7) Emergency response plan for dangerous goods;

(8) Declaration of conformity;

(9) Other materials required by the Civil Aviation Administration.

Article 20 Domestic operators shall ensure the authenticity and validity of the submitted materials. If the application materials are complete and conform to the statutory form, the CAAC Regional Administration shall accept the application of the domestic operator. If the materials are incomplete or do not conform to the statutory form, the CAAC Regional Administration shall notify all the materials that need to be supplemented on the spot or within five days. 

Article 21 The Regional Administration of Civil Aviation shall review the dangerous goods air transport manual, dangerous goods training program and related documents of domestic operators. Domestic operators shall establish relevant management and operation procedures according to the Dangerous Goods Air Transport Manual, and conduct training according to the training syllabus. The CAAC Regional Administration shall inspect the relevant procedures and training quality to ensure that they comply with the requirements of these Regulations and the Technical Instructions.

After review, if it is confirmed that the domestic operator meets the requirements of Article 18 of these regulations, the regional administration of civil aviation shall issue a dangerous goods air transport license for it. If the regional administration of civil aviation makes a decision of disapproval in accordance with the law, it shall notify the applicant in writing and explain the reasons.

Article 22 The regional administration of civil aviation shall complete the review within 20 days from the date of accepting the application for the permit for the air transport of dangerous goods and make a decision on whether to permit or not. If expert review is required, the CAAC Regional Administration shall notify the applicant in writing of the required review time, and the review time is not included in the time limit for granting the license.

Section 3 Application and Permit for Air Transport of Dangerous Goods by Foreign Operators. 

Article 23 A foreign operator applying for the transport of dangerous goods on a regular air route between a foreign location and a Chinese location shall meet the following conditions:

(1) Hold the airline business license of a foreign air transport enterprise issued by the Civil Aviation Administration;

(2) It has obtained the dangerous goods air transport permit or equivalent document issued by the competent civil aviation authority of the country where it is located;

(3) Hold the dangerous goods training program or equivalent documents approved by the competent civil aviation authority of the country where they are located, have appropriate and sufficient personnel and complete the training according to the dangerous goods training program and pass the training;

(4) Hold the dangerous goods air transport manual or equivalent documents approved by the competent civil aviation authority of the country where they are located, and have established dangerous goods air transport management and operation procedures and emergency plans according to the dangerous goods air transport manual.

Article 24 If a foreign operator applies for the transportation of dangerous goods on a regular air route between a foreign location and a Chinese location, it shall submit the following materials to the Regional Administration of Civil Aviation:

(1) Application form;

(2) The dangerous goods air transport permit or equivalent document issued by the competent civil aviation authority of the country where the foreign operator is located;

(3) The business scope of the proposed air transport of dangerous goods and the categories of dangerous goods;

(4) The dangerous goods air transport manual or equivalent document approved by the civil aviation authority of the country where the foreign operator is located;

(5) Dangerous goods training program or equivalent documents approved by the civil aviation authority of the country where the foreign operator is located;

(6) A photocopy of the airline business license issued to the foreign operator by the Civil Aviation Administration;

(7) Explanation on compliance with the relevant training requirements of these Regulations and the Technical Rules;

(8) Other materials required by the Civil Aviation Administration.

Article 25 A foreign operator applying for the transportation of dangerous goods on a regular air route between a foreign location and a Chinese location shall, 60 days before the date when the transportation of dangerous goods is expected to start, shall, in accordance with the requirements of Article 24 of these Regulations, report to the civil aviation area The Authority makes a formal application and ensures that the submitted materials are true and valid.

If the application materials are complete and conform to the statutory form, the CAAC Regional Administration shall accept the application of the foreign operator. If the materials are incomplete or do not conform to the statutory form, the CAAC Regional Administration shall notify the foreign operator on the spot or within five days of all the materials that need to be supplemented.

Article 26 The Regional Administration of Civil Aviation shall examine the application of the foreign operator. After examination, if it is confirmed that the foreign operator meets the requirements of Article 23 of these Regulations, the Regional Administration of Civil Aviation shall issue a permit for the air transport of dangerous goods on regular routes.

If the regional administration of civil aviation makes a decision of disapproval in accordance with the law after the examination fails, it shall notify the foreign operator in writing and explain the reasons.

Article 27 The regional administration of civil aviation shall make a decision on whether to permit or not within 20 days from the date of accepting the application of the foreign operator for the transportation of dangerous goods on the regular air route between the foreign location and the Chinese location. 

Article 28 If a foreign operator applies for the transportation of dangerous goods during an unscheduled flight between a foreign location and a Chinese location, the following conditions shall be met:

(1) Hold the dangerous goods air transport license or equivalent documents issued by the competent civil aviation authority of the country where they are located;

(2) If it originates from a foreign country, hold the dangerous goods air transport license or equivalent documents issued by the civil aviation authority of the country of origin of the dangerous goods;

(3) Relevant personnel performing non-scheduled flights have completed the training according to the dangerous goods training syllabus and are qualified;

(4) According to the dangerous goods air transport manual, the management and operation procedures and emergency plans for the air transport of dangerous goods have been established;

(5) Sign an airport ground service agency agreement including the content of air transport of dangerous goods with a ground service agent within the territory of China that meets the requirements of these regulations and has been put on record;

(6) Have the ability to carry out the air transport of dangerous goods in accordance with these regulations, the "Technical Rules" and the dangerous goods air transport manual. 

Article 29 If a foreign operator applies for the transport of dangerous goods by unscheduled flight between a foreign location and a Chinese location, it shall submit the following materials to the Regional Civil Aviation Administration:

(1) Application form;

(2) The permit document or equivalent document for the air transport of dangerous goods issued by the competent civil aviation authority of the country where the foreign operator is located;

(3) If the shipment originates from a foreign country, the dangerous goods air transport permit document or equivalent document issued by the competent civil aviation authority of the country from which the dangerous goods originate;

(4) The business scope and category of dangerous goods to be carried out by air transport of dangerous goods;

(5) The ground service agency agreement signed with the ground service agent in China; 

(6) A statement that the relevant personnel performing non-scheduled flights meet the relevant training requirements of the "Technical Instructions"; 

(7) Other materials required by the Civil Aviation Administration or the Regional Administration of Civil Aviation. 

Article 30 A foreign operator applying for the transport of dangerous goods by non-scheduled flight between a foreign location and a Chinese location shall submit an application to the regional civil aviation administration seven days before the expected flight date. Those who do not meet the requirements of this time limit will not be accepted by the CAAC Regional Administration.

Article 31 A foreign operator applying for the transport of dangerous goods by non-scheduled flight between a foreign location and a Chinese location shall submit the application materials to the CAAC Regional Administration in accordance with the requirements of Article 29 of these Regulations, and ensure that the submitted materials are accurate Real and effective. If the application materials are complete and meet the statutory form, the CAAC Regional Administration shall accept the application; if the application materials are incomplete or do not meet the statutory requirements, the CAAC Regional Administration shall notify the applicant on the spot or within three days of all the materials that need to be supplemented at one time, if the application materials are overdue If the applicant is not informed, the application will be accepted from the date of receipt of the application materials.

Article 32 The Regional Administration of Civil Aviation shall examine the application of the foreign operator. After examination, if the foreign operator meets the conditions in Article 28 of these Regulations, the regional civil aviation administration shall issue a permit for the foreign operator to transport dangerous goods by non-scheduled flight.

If the regional administration of civil aviation makes a decision of disapproval in accordance with the law after the examination fails, it shall notify the foreign operator in writing and explain the reasons.

The CAAC Regional Administration shall review the application within four days from the date of accepting the application, and make a written decision on approval or disapproval. If the regional administration of civil aviation makes a decision to disapprove, it shall also explain the reasons to the foreign operator.

Article 33 If the application materials required in this section are in languages other than Chinese or English, an accurate Chinese or English translation shall be attached. 

Section 4 Term, Change and Extension of Dangerous Goods Air Transport Permit

Article 34 The validity period of a dangerous goods air transport license shall not exceed two years. In any of the following circumstances, the permit for air transport of dangerous goods shall be invalid: 

(1) The operator makes a written waiver;

(2) The license is revoked or revoked according to law;

(3) Failure to apply for an extension after the validity period of the license expires.

Article 35 If the holder of the dangerous goods air transport license requests to change the licensed items, it shall submit an application to the Regional Administration of Civil Aviation; the submitted materials shall include the application and the changes in Articles 19 and 24 of these Regulations s material. If the requirements of these regulations are met, the regional administration of civil aviation shall go through the modification procedures according to law.

Article 36 If the materials submitted by the operator when applying for the dangerous goods air transport license in accordance with the provisions of Articles 19 and 24 of these regulations change within the validity period of the license, the operator shall update the updated documents. The materials shall be submitted to the CAAC Regional Administration for approval or approval. 

Article 37 If the holder of the dangerous goods air transport license applies for the extension of the validity period of the license, it shall submit an application to the Regional Civil Aviation Administration 30 days before the validity period of the license expires; the submitted materials shall include the application form and Article 19, Materials that have changed in Article 24. The CAAC Regional Administration shall make a decision on whether to grant the extension before the expiration of the validity period of the license;

Chapter 4 Dangerous Goods Air Transport Manual

Article 38 When a domestic operator applies for the operation license of a public air transport enterprise in accordance with the relevant requirements of the "Regulations on the Operation License of Public Air Transport Enterprises", it shall apply for the air transport manual for dangerous goods that meets the requirements of these regulations and the operation license of other public air transport enterprises. The materials should be submitted to the local civil aviation regional administration for review.

The contents of the dangerous goods air transport manual can be compiled into other manuals such as operator operation, ground service and passenger and cargo transport business according to the professional categories and their responsibilities.

Article 39 The operator shall provide the personnel concerned with the air transportation of dangerous goods with a dangerous goods air transport manual written in a language familiar to them at the convenient reference point in the workplace, so that the flight crew and other personnel can perform their duties of air transport of dangerous goods.

Article 40 The dangerous goods air transport manual of domestic operators shall at least include the following contents:

(1) The general policy for air transport of dangerous goods;

(2) Institutions and responsibilities related to the management and supervision of air transport of dangerous goods;

(3) Restrictions on the carrying of dangerous goods by passengers and crew members;

(4) Reporting procedures for dangerous goods accidents and incidents of dangerous goods;

(5) Identification of hidden dangerous goods in cargo and passenger luggage;

(6) Requirements for the use of self-operated aircraft to transport the operator's dangerous goods;

(7) Training of personnel;

(8) Emergency response plan for air transport of dangerous goods;

(9) A transport plan for dangerous goods in emergency situations;

(10) Other safety-related materials or instructions.

The dangerous goods air transport manual for operators engaged in the transport of dangerous goods shall also include the following contents:

(1) Technical requirements and operating procedures for air transport of dangerous goods;

(2) Information to notify the captain.

Domestic operators shall take measures to maintain the practicability and validity of all contents of the Dangerous Goods Air Transport Manual.

Article 41 The operator shall take necessary measures to make its personnel and the personnel of its freight sales agents and ground service agents fully understand the contents of the dangerous goods transport manual related to their duties when performing relevant duties, and ensure that dangerous goods are The operation and transportation of goods shall be carried out in accordance with the procedures and requirements specified in its dangerous goods air transport manual.

Article 42 The Regional Administration of Civil Aviation may, in writing, request domestic operators to make adjustments to the relevant content, distribution or revision of the Dangerous Goods Transport Manual.

Chapter 5 Preparation for Air Transport of Dangerous Goods

Article 43 The shipper shall classify, identify, package, label and mark the dangerous goods transported by air in accordance with the "Technical Instructions", and submit the correctly filled dangerous goods transport documents.

Article 44 The packaging used for dangerous goods transported by air shall meet the following requirements:

(1) The packaging should be tightly constructed to prevent leakage due to changes in temperature, humidity or pressure, or due to vibration under normal transport conditions;

(2) The packaging should be compatible with the contents, and the packaging that is in direct contact with the dangerous goods cannot have chemical or other reactions with the dangerous goods;

(3) The packaging shall meet the requirements of the relevant materials and structural specifications in the Technical Instructions;

(4) The packaging shall be tested in accordance with the "Technical Instructions";

(5) The packaging used to hold liquids shall be able to withstand the pressure specified in the Technical Instructions without leakage;

(6) The inner package shall be packaged, fixed or padded in a way to prevent damage or leakage under normal air transport conditions, so as to control its movement within the outer package. The padding and absorbent material shall not react dangerously with the contents of the package;

(7) The packaging shall be used again only when it is proved after inspection that it has not been corroded or otherwise damaged. When the packaging is reused, all necessary measures shall be taken to prevent contamination of subsequently loaded items;

(8) If due to the nature of the previous contents, if the empty packaging that has not been thoroughly cleaned may cause harm, it should be tightly sealed and dealt with according to the situation that it constitutes a hazard;

(9) Dangerous substances that constitute a hazardous quantity shall not be adhered to the outside of the package.

Article 45 Each package of dangerous goods shall be affixed with appropriate labels and shall comply with the provisions of the Technical Instructions, unless otherwise specified in the Technical Instructions.

Article 46 Each package of dangerous goods shall be marked with the special shipping name of its contents, unless otherwise specified in the Technical Instructions. If there is an assigned UN number, it shall be marked with this UN number and other corresponding marks as specified in the Technical Instructions.

Each package made in accordance with the specifications of the "Technical Instructions" shall be marked in accordance with the relevant provisions in the "Technical Instructions", unless otherwise specified in the "Technical Instructions"; packages that do not conform to the relevant packaging specifications in the "Technical Instructions" , the packaging specifications shall not be marked on the packaging.

Article 47 During international air transport, in addition to the language required by the country of origin, the marking shall be in English.

Chapter VI Responsibilities of the Shipper

Article 48 The shipper shall ensure that all personnel who go through the consignment formalities and sign the dangerous goods transport documents have received the relevant dangerous goods knowledge training and are qualified in accordance with the requirements of these regulations and the "Technical Instructions".

Article 49 Before submitting the package or combined package of dangerous goods for air transport, the shipper shall, in accordance with the provisions of these Regulations and the "Technical Instructions", ensure that the dangerous goods are not embargoed dangerous goods for air transport, and correctly Classify, pack, mark, label, and provide true and accurate documentation related to the transportation of dangerous goods.

Consignment of dangerous goods restricted by national laws and regulations shall comply with the requirements of relevant laws and regulations.

Article 50 It is prohibited to carry dangerous goods in general cargo or to conceal or falsely report dangerous goods as general cargo for consignment.

Article 51 Where the shipper who submits dangerous goods for air transport shall provide the operator with the correctly filled and signed dangerous goods transport documents, which shall include the contents required by the "Technical Instructions", and the "Technical Instructions" provide otherwise except.

The dangerous goods transport document shall contain a statement signed by the dangerous goods shipper, indicating that the dangerous goods are described completely and accurately according to the proper shipping name and that the dangerous goods are classified, packaged, marked and classified in accordance with the Technical Instructions. Labeled and eligible for air transport.

When necessary, the shipper shall provide the item safety data sheet or an appraisal certificate issued by an appraisal agency recognized by the operator that meets the air transport conditions. The shipper shall ensure that the goods listed in the dangerous goods transport document, article safety data sheet or appraisal certificate are consistent with the goods actually consigned.

Article 52 During international air transport, in addition to the language required by the country of origin, the dangerous goods transport documents shall be in English.

Article 53 The shipper must keep a document related to the transport of dangerous goods for at least 24 months. The above documents include dangerous goods transport documents, air waybills and supplementary information and documents required by these regulations and the Technical Instructions.

Article 54 The personnel of the agent entrusted by the shipper shall receive the relevant dangerous goods knowledge training and be qualified in accordance with the requirements of these regulations and the "Technical Instructions".

Article 55 If the agent of the shipper engages in the air transport of dangerous goods on behalf of the shipper, the provisions on the responsibility of the shipper in these Provisions shall apply.

Chapter VII Responsibilities of Operators and Their Agents

Section 1 Responsibilities of the Operator

Article 56 The operator shall carry out the air transport of dangerous goods within the scope and validity period specified in the dangerous goods air transport license issued by the regional civil aviation administration.

Article 57 The operator shall formulate measures to prevent dangerous goods from being hidden in luggage, goods, mail and supplies.

Article 58 An operator who accepts dangerous goods for air transport shall at least meet the following requirements:

(1) It is accompanied by complete transport documents for dangerous goods, unless otherwise required by the Technical Instructions;

(2) In accordance with the receiving procedures of the "Technical Instructions", inspect the packages, collective packages or special cargo boxes containing dangerous goods;

(3) Confirm that the signatory of the dangerous goods transport document has been trained and qualified in accordance with the requirements of these regulations and the "Technical Instructions".

Article 59 The operator shall formulate and use the receipt and delivery checklist to comply with the provisions of Articles 57 and 58 of these Regulations.

Article 60 Packages and collective packages containing dangerous goods and special cargo boxes containing radioactive substances shall be loaded on the aircraft in accordance with the "Technical Instructions".

Article 61 Packages containing dangerous goods, collective packages and special cargo boxes containing radioactive substances shall be checked for signs of leakage and damage before being loaded into an aircraft or into a ULD. Leaked or damaged packages, collective packages or special cargo boxes containing dangerous goods shall not be loaded on the aircraft.

Article 62 A ULD shall not be loaded onto an aircraft until it has been inspected and verified that the dangerous goods contained in it have no leakage or signs of damage.

Article 63 If any package of dangerous goods loaded on an aircraft is damaged or leaked, the operator shall unload the package from the aircraft, or arrange for the relevant agency to unload it from the aircraft. After this time the remainder of the consignment shall be guaranteed to be eligible for air transport and that other packages shall be uncontaminated.

Article 64 When packages containing dangerous goods, multi-packages and special containers containing radioactive substances are unloaded from an aircraft or ULD, they shall be checked for signs of damage or leakage. If any signs of damage or leakage are found, the parts of the aircraft carrying dangerous goods or ULDs shall be inspected for damage or contamination.

Article 65 Dangerous goods shall not be installed in the cockpit of an aircraft or in the cabin of an aircraft with passengers, unless otherwise specified in the Technical Instructions.

Article 66 If any harmful pollution is found on the aircraft due to leakage or damage of dangerous goods, it shall be removed immediately.

Aircraft contaminated by radioactive substances shall be immediately taken out of service, and if the level of radiation and non-persistent contamination on any accessible surface exceeds the values specified in the Technical Instructions, they shall not be re-used.

Article 67 Packages containing dangerous goods that may produce dangerous reactions to each other shall not be placed adjacent to each other on the aircraft or packaged in such a way that the packages may interact with each other in the event of leakage.

the position of action.

The packages of toxic and infectious substances shall be installed on the aircraft in accordance with the provisions of the Technical Instructions.

The packages of radioactive materials loaded on aircraft shall be separated from persons, live animals and unprocessed film in accordance with the provisions of the Technical Instructions.

Article 68 When dangerous goods complying with these regulations are loaded on an aircraft, the operator shall protect the dangerous goods from damage, and shall fix these goods in the aircraft to prevent any movement during flight and change the designated direction of the package. Packages containing radioactive substances shall be sufficiently secured to ensure that the separation requirements specified in paragraph 3 of Article 67 of these Regulations are met at all times.

Article 69 Dangerous goods packages with the label "Only Cargo Aircraft" can only be loaded on cargo aircraft in accordance with the "Technical Instructions".

Article 70 Operators shall ensure that the storage of dangerous goods meets the requirements for storage, separation and isolation of dangerous goods in the Technical Instructions.

Article 71 If the operator requires the shipper to provide an appraisal certificate that the goods meet the air transportation conditions according to Article 51 of these regulations, it shall inform the shipper of the appraisal agency it recognizes, and ensure that the approved appraisal agency satisfies the requirements of the Civil Aviation Administration of China. Regarding the relevant regulations on the appraisal agency of cargo air transport conditions, the accredited appraisal agency shall be reported to the Civil Aviation Administration for the record.

Within 20 days from the date of receipt of the filing application, the Civil Aviation Administration shall file the appraisal agency and announce it to the public.

Article 72 The operator shall keep the relevant documents for the air transport of dangerous goods for at least 24 months after the flight carrying dangerous goods is terminated. The above documents include at least the acceptance checklist, dangerous goods transport documents, air waybill and captain's notice.

Article 73 If an operator entrusts a ground service agent to perform ground service with the air transport of dangerous goods on its behalf, it shall sign a ground service agency agreement involving the air transport of dangerous goods with the ground service agent. The entrusted ground service agents within China shall meet the requirements of the relevant ground service agents in these Provisions, and the entrusted ground service agents outside China shall comply with the relevant laws and regulations of the country where they are located. The operator shall report the signed agreement to the regional civil aviation administration for the record within seven days from the date of signing the agreement on the ground service agency for the air transport of dangerous goods.

Article 74 If an operator entrusts a freight sales agent to represent him in the sales activities of air transportation of goods, it shall sign an air freight transportation sales agency agreement with the freight sales agent including the content of safe air transportation of dangerous goods, and ensure that the entrusted freight forwarder The sales agent meets the following requirements:

(1) Possess a business license for an enterprise legal person;

(2) Employees engaged in the collection and transportation of dangerous goods, goods or mail (non-dangerous goods), and employees engaged in the handling, storage and loading of goods or mail, according to the dangerous goods training program approved by the operator they represent. The training institutions that meet the requirements of these regulations have passed the training;

(3) Display and provide sufficient and eye-catching notices about the transportation of dangerous goods at conspicuous places in the cargo and mail receiving and shipping areas to remind attention to any dangerous goods that may be contained in the consignment and the relevant regulations on illegal transportation of dangerous goods and legal liability, these notices must include visual examples of dangerous goods;

(4) Not to consign dangerous goods as the shipper or on behalf of the shipper;

(5) Taking appropriate measures to prevent personal or property damage due to theft or improper use of dangerous goods:

(6) In the event of an aircraft accident, serious incident or incident, reporting the situation of dangerous goods loaded on the aircraft to the investigation functional department;

(7) Other dangerous goods air transport activities carried out on behalf of the operator within the scope of the operator's authorization meet the requirements of these Regulations and the "Technical Instructions".

Article 75 When an operator entrusts a freight sales agent and a ground service agent to engage in the business related to air transportation of goods, the operator shall require the agent in the agency agreement to inspect the received goods or take effective measures to prevent dangerous goods from being hidden in the goods. The operator shall approve and regularly inspect the agent's cargo inspection and related measures.

Section 2 Liability of the agent of the operator

Article 76 The agent of the operator referred to in these regulations refers to the enterprise located in China that represents the operator in the air transport of dangerous goods, including freight sales agents, ground service agents, and other representatives of the operator Enterprises engaged in the air transport of dangerous goods.

Article 77 When a freight sales agent engages in the sales agency activities of air transportation of goods, it shall sign an air cargo transportation sales agency agreement with the operator that includes the content of safe air transportation of dangerous goods.

Article 78 A freight sales agent shall not consign dangerous goods as a shipper or on behalf of a shipper.

Article 79 Regardless of whether or not the ground handling agent is engaged in the air transport of dangerous goods, the following requirements shall be met:

(1) Possess a business license for an enterprise legal person;

(2) To formulate a dangerous goods training program and obtain the approval of the CAAC Regional Administration;

(3) Ensure that its personnel have received relevant dangerous goods knowledge training and are qualified in accordance with the requirements of these Regulations and the "Technical Instructions";

(4) Sign a ground service agency agreement including air transport of dangerous goods with the operator;

(5) To formulate management procedures for air transport of dangerous goods, which shall include ground emergency procedures and measures;

(6) Possess the dangerous goods air transport manual provided or approved by the operator;

(7) Other conditions prescribed by the Civil Aviation Administration.

Article 80 A ground service agent engaged in the air transport of dangerous goods shall meet the following requirements in addition to the provisions of Article 79 of these Regulations:

(1) To formulate security measures for dangerous goods that meet the requirements of the Technical Instructions;

(2) The storage management of dangerous goods complies with the requirements for the storage, separation and isolation of dangerous goods in the Technical Instructions.

(3) Ensure that its personnel fully understand the contents of the dangerous goods transport manual related to their duties when performing relevant duties, and ensure that the operation and transport of dangerous goods are implemented in accordance with the procedures and requirements specified in their dangerous goods air transport manual.

Article 81 The ground service agent shall report to the local civil aviation administration for the record. Within 20 days from the date of receipt of the filing application, the CAAC Regional Administration shall file the ground service agent and announce it to the public.

Article 82 If the ground service agent engages in the air transport of dangerous goods on behalf of the operator, the provisions on the operator's responsibility in these Regulations shall apply.

Chapter VIII Dangerous Goods Air Transport Information 

Article 83 An operator carrying dangerous goods on his aircraft shall provide the pilot-in-command with the written information specified in the Technical Instructions before the aircraft takes off.

Article 84 The operator shall provide information in the operations manual to enable the crew members to perform their duties for the air transport of dangerous goods, and at the same time provide guidance on actions to be taken in the event of an emergency involving dangerous goods.

Article 85 Operators shall ensure that information on the prohibition of air transport of dangerous goods is provided to passengers when they purchase air tickets. The information provided via the Internet can be in the form of text or images, but it should be ensured that the ticket purchase procedure can only be completed after the passenger has indicated that he understands the restrictions on dangerous goods in luggage.

Article 86 Before a passenger goes through the check-in formalities, the operator shall provide the passenger on its website or other sources of information with the "Technical Instructions" on the restriction requirements for passengers to carry dangerous goods. When checking in through the Internet, the operator shall provide passengers with information on the types of dangerous species that are prohibited from being transported by air. The information may be in text or graphic form, but it should be ensured that check-in procedures are not completed until the passenger has indicated that he understands the restrictions on dangerous goods in luggage.

If passengers go through the check-in procedures by themselves, the operator shall provide the passengers with information on the types of dangerous species that are prohibited from being transported by air. Information should be in graphic form and should ensure that check-in is not completed until the passenger has indicated that he understands the restrictions on dangerous goods in luggage.

Article 87 Operators and airport management agencies shall ensure that a sufficient number of notices are prominently posted at every ticket office, passenger check-in office, boarding office and other places where passengers can go through check-in procedures in the airport, informing passengers of prohibition. Types of dangerous goods transported by air. These notices should include visual examples of dangerous goods that are prohibited from being transported by aircraft. 

Article 88 Operators, freight sales agents and ground service agents shall display and provide sufficient and eye-catching notices on the transportation of dangerous goods at conspicuous places at the cargo and mail receiving and shipping areas to remind shippers and its agents are aware of any dangerous goods that may be contained in the consignment and the relevant regulations and legal responsibilities for the illegal transportation of dangerous goods. These notices must include visual examples of dangerous goods.

Article 89 Operators, shippers, airport management agencies and other agencies related to the air transport of dangerous goods shall provide their personnel with information to enable them to perform their duties related to the transport of dangerous goods by air, and shall also provide information on the Guidelines for actions to be taken in the event of a hazardous material emergency.

Article 90 If an emergency occurs during the flight, if the circumstances permit, the captain shall immediately notify the relevant air traffic control department of the information on the dangerous goods on board in accordance with the "Technical Instructions", so as to notify the airport.

Article 91 When an aircraft accident or serious incident may involve dangerous goods transported as cargo, the operator shall immediately provide information on the dangerous goods on board to the emergency response agency handling the accident or serious incident, the country where the operator is located, and the country where the accident is located. Or the relevant authorities of the country where the serious incident occurred.

When an incident occurs on an aircraft carrying dangerous goods, the operator shall immediately provide information on the dangerous goods on board to the emergency response agency handling the incident and the relevant authorities of the country where the incident occurred.

The information provided should be consistent with the written information provided to the pilot-in-command.

Article 92 In the event of a dangerous goods accident or a dangerous goods incident, the operator shall report to the relevant authorities of the country where the operator is located and the country where the accident or incident occurs.

The initial report can be done in various ways, but a written report should be completed as soon as possible.

If applicable, the written report shall include the following, with copies of relevant documents and photographs attached to the written report:

(1) The date of the accident or incident;

(2) The location, flight number and flight date of the accident or incident;

(3) The description of the relevant cargo and the numbers of the waybill, pouch, luggage tag and ticket, etc.;

(4) Known proper shipping name (including technical name) and UN number;

(5) Category or category and secondary risk;

(6) The type of packaging and the specification mark of the packaging;

(7) The quantity involved;

(8) The name and address of the shipper or passenger;

(9) other details of the accident or incident;

(10) The suspicious cause of the accident or incident;

(11) Measures taken;

(12) Other reports prior to the written report;

(13) The name, title, address and contact number of the reporter.

Article 93 When undeclared or erroneously declared dangerous goods are found in goods or mails, the operator shall report to the relevant authorities of the country where the operator is located and the country where the incident occurs. When dangerous goods that are not allowed to be carried according to the requirements of the "Technical Instructions" are found in the passenger's luggage, the operator shall report to the relevant authorities of the country where the incident occurs.

Chapter 9 Training

Section 1 General Provisions

Article 94 Personnel engaged in the air transport of dangerous goods shall be trained and qualified in accordance with the requirements of these Regulations and the Technical Instructions.

Article 95 Dangerous goods training for personnel engaged in the air transport of dangerous goods shall be carried out by a dangerous goods training institution that meets the requirements of these regulations. Regardless of whether the operator holds a dangerous goods air transport license or not, it shall ensure that its relevant personnel are trained and qualified in accordance with the requirements of these Regulations and the Technical Instructions.

Section 2 Dangerous Goods Training Outline

Article 96 According to the requirements of the "Technical Rules", the following enterprises or organizations carrying out training activities shall have a dangerous goods training program:

(1) Enterprises or other organizations that act as the consignor or the consignor's agent for the air transport of dangerous goods;

(2) Domestic operators;

(3) Freight sales agents; 

(4) Ground service agents;

(5) Enterprises engaged in civil aviation safety inspection.

Dangerous goods training institutions may formulate dangerous goods training programs on behalf of the above-mentioned enterprises or organizations, but they should be approved by the entrusting party before implementation.

Article 97 Dangerous goods training programs shall be formulated according to the responsibilities of various types of personnel. Each training program shall include two categories: initial training and regular recurrent training, and meet the requirements of the Technical Instructions.

Article 98 The dangerous goods training program shall at least include the following contents:

(1) A statement of compliance with the provisions of these Provisions and the Technical Instructions;

(2) Training curriculum and assessment requirements;

(3) The entry conditions of the trainees and the quality requirements that should be met after training;

(4) List of facilities and equipment to be used; 

(5) Qualification requirements for teachers;

(6) training materials;

(7) Relevant requirements of national laws and regulations.

The dangerous goods training program of operators, freight sales agents and ground service agents shall also include the requirements for the use of the dangerous goods air transport manual or the dangerous goods air transport manual of the operator they represent.

Article 99 The dangerous goods training program formulated by enterprises or organizations as specified in Article 96 (1) of these Provisions shall be reported to the CAAC Regional Administration for the record before implementation.

The dangerous goods training program formulated by enterprises or organizations as specified in Article 96 (2), (4) and (5) of these Provisions shall be submitted to the CAAC Regional Administration for approval before implementation.

The training programs formulated by enterprises or organizations as prescribed in Article 96 (3) of these Provisions shall be approved by the operators they represent before implementation.

Article 100 The dangerous goods training program shall be revised and updated in a timely manner, and shall be submitted to the record, approved or recognized by the operator in accordance with the provisions of Article 99 of these regulations. 

The third training course

Article 101 Enterprises or organizations that formulate and hold dangerous goods training programs shall set up training courses according to their training programs. The training course should include:

(1) General knowledge training: training aimed at familiarizing yourself with general provisions;

(2) Special duty training: detailed training provided for the duty requirements of personnel;

(3) Safety training: based on the dangers of dangerous goods, safety training

Operation and emergency response procedures are training content.

Article 102 The specific content of the training, the number of planned hours and the relevant requirements for the examination shall be listed in the training course.

Article 103 The teaching materials and materials required for training courses shall comply with the provisions of national laws and regulations and the requirements of the currently valid Technical Rules.

Section 4 Training Requirements

Article 104 The ground service agent shall, in accordance with the approved training program or the freight sales agent shall follow the training program approved by the operator he represents, the qualified personnel shall be trained by the training institution that meets the requirements of these regulations, and can be the agent for different operators. The work of the same category of personnel, but the operator shall ensure that it meets the following conditions:

(1) Within the same scope of responsibilities, the training level is sufficient to be competent for the designated work;

(2) Comply with the requirements of the operator's dangerous goods manual.

Article 105 A foreign operator shall ensure that its personnel engaged in the air transport of dangerous goods within the territory of the People's Republic of China are trained and qualified according to one of the following requirements:

(1) The training program or other equivalent documents approved or recognized by the competent authority of the country where the foreign operator is located, as well as the relevant laws and regulations on the air transport of dangerous goods in China;

(2) The training syllabus approved by the CAAC Regional Administration and the differentiated policies of foreign operators.

Article 106 In order to ensure the renewal of knowledge, recurrent training should be carried out within 24 months after the previous training.

If the recurrent training is completed within the validity period of the last three months of the previous training, its validity period will be extended from the date of completion of the recurrent training until 24 months from the expiry date of the previous training.

Article 107 The training records shall be kept for more than three years and shall be subject to inspection by the Civil Aviation Administration or the Regional Administration of Civil Aviation at any time. Training records should state the following:

(1) The name of the trainee;

(2) The date of the last training completed;

(3) Description of the training materials used;

(4) The name and address of the training institution;

(5) The name of the trainer;

(6) Examination results;

(7) Evidence showing that the training and assessment have been passed.

Section 5 Dangerous Goods Training Institutions

Article 108 An enterprise or organization that formulates and implements a dangerous goods training program may set up a dangerous goods training institution.

An enterprise or organization that unconditionally establishes a dangerous goods training institution may entrust a dangerous goods training institution established in accordance with these Provisions to train its personnel according to the training program formulated by the entrusting party and approved, filed or recognized.

Article 109 Dangerous goods training institutions shall meet the following conditions and report to the Civil Aviation Administration for the record:

(1) Possess the qualification of a legal person;

(2) It has the approved, filed or recognized syllabus for initial training and recurrent training on dangerous goods provided by the client and the training courses and teaching materials designed for the client;

(3) Having three or more dangerous goods training instructors who meet the requirements of these regulations;

(4) It has teaching facilities and equipment that meet the teaching needs.

Within 20 days from the date of receipt of the filing application, the Civil Aviation Administration will file the dangerous goods training institution and announce it to the public.

Article 110 The dangerous goods training institutions established to provide training for the personnel of the enterprise shall not apply the conditions stipulated in Items (1) and (2) of Article 109 of these Regulations.

Article 111 Instructors of dangerous goods training institutions shall meet the following conditions:

(1) Familiar with civil aviation laws, regulations, rules, regulations and policies;

(2) Engaged in civil aviation-related business for more than five years;

(3) College degree or above;

(4) Pass the training of the sixth category of personnel in the approved dangerous goods training program, and be excellent in the assessment;

(5) Possess corresponding teaching skills;

(6) Possess the English proficiency to correctly understand the relevant provisions of the International Civil Aviation Organization on the transport of dangerous goods by air;

(7) Other conditions prescribed by the Civil Aviation Administration.

The provisions of the preceding paragraph shall not apply to the instructors of the dangerous goods training institutions established to provide training for the personnel of the enterprise.

Article 112 In a dangerous goods training institution established to provide training for the personnel of the enterprise, its instructors shall meet the following conditions:

(1) Familiar with civil aviation laws, regulations, rules, regulations and policies;

(2) The teacher is an employee of the enterprise;

(3) Engaged in civil aviation-related business for more than three years;

(4) Pass the training of the sixth category of personnel in the approved dangerous goods training program, and be excellent in the assessment;

(5) Possess corresponding teaching skills and pass the assessment;

(6) Other conditions prescribed by the Civil Aviation Administration.

Article 113 Instructors of dangerous goods training institutions must and can only be registered in one training institution, and shall teach or participate in recurrent training within at least 24 months.

Article 114 Dangerous goods training institutions shall establish training records for trainees in accordance with Article 107 of these regulations. The training records shall be kept for at least three years and shall be subject to inspection by the Civil Aviation Administration or the Civil Aviation Regional Administration at any time.

Chapter 10 Other Requirements

Article 115 Operators engaged in the air transport of dangerous goods and their ground service agents, freight sales agents, shippers and their agents shall take appropriate measures to prevent dangerous goods from being stolen or improperly used and causing personnel or personnel to be misused. Property is damaged.

Article 116 Shippers and operators engaged in the air transport of high-risk dangerous goods shall formulate security plans and revise their security plans in a timely manner to maintain the practicability and effectiveness of their security plans.

High-risk dangerous goods refer to the dangerous goods specified in the Technical Instructions that may be abused in terrorist incidents and may cause serious consequences such as mass casualties or large-scale damage.

Article 117 The operation specifications of domestic operators shall include relevant contents of air transport of dangerous goods.

Article 118 The airport management agency shall formulate an emergency rescue plan for dangerous goods at the airport, incorporate it into the management of the emergency rescue plan for civil transport airport emergencies, and implement it in accordance with the "Administrative Regulations on Emergency Rescue for Civil Transport Airport Emergencies".

Article 119 The airport management agency shall revise the airport emergency rescue plan for dangerous goods in a timely manner to ensure the effectiveness and practicability of the emergency rescue plan.

The airport management agency should include the management of airport dangerous goods and the content of the emergency rescue plan for dangerous goods at the airport into the "Civil Airport User Manual".

Article 120 The investigation regulations and investigation procedures for aircraft accidents, serious incidents and incidents shall include contents involving dangerous goods.

121. Operators, freight sales agents, ground service agents, shippers and their agents engaged in the air transport of dangerous goods shall report to the aircraft accident, serious incident, and incident investigation functional department. Loading of dangerous goods.

Chapter 11 Supervision and Management

Article 122 The civil aviation administrative department shall supervise and inspect the air transport activities of dangerous goods according to their duties.

The regional administration of civil aviation shall regularly inspect the entities engaged in the air transport of dangerous goods within its jurisdiction, and promptly deal with the problems found in the supervision and inspection and report it to the Civil Aviation Administration.

Article 123 The civil aviation administrative department shall exercise the following functions and powers when supervising and inspecting units related to the air transport of dangerous goods in accordance with the law:

(1) Entering the business premises or other relevant premises of relevant entities for inspection; inquiring about the operator, interested party or other relevant entities or individuals under investigation, and asking them to explain the relevant situation; consulting and copying relevant documents and materials.

(2) Correct on the spot or require correction within a time limit for violations of laws and regulations found in the inspection; for acts that should be given administrative punishments according to law, make administrative punishment decisions in accordance with these Provisions and other relevant laws and regulations.

(3) For goods, mails, luggage and other items that may be involved in dangerous goods accidents, dangerous goods incidents and illegal transportation, the relevant units are required to be properly preserved for subsequent investigation.

(4) With the approval of the person in charge of the department, seize the dangerous goods illegally transported.

Article 124 The civil aviation administrative department shall establish a whistle-blowing system according to its duties, disclose the whistle-blowing telephone number, mailbox or e-mail address, and accept reports on the air transport of dangerous goods.

Article 125 Units and individuals engaged in the air transport of dangerous goods shall accept and cooperate with the supervision and inspection of the civil aviation administrative department.

Article 126 When carrying out the supervision and management of the air transport of dangerous goods, the civil aviation administrative department shall not hinder the normal business activities of the unit or individual under inspection, and shall not solicit or accept the property of the licensee or unit or individual under inspection, Do not seek other illegitimate interests.

Article 127 The approval letter of the dangerous goods air transport license shall not be altered, lent, traded or transferred.

If the approval letter for air transport of dangerous goods is lost, damaged or lost, it shall be reported to the regional administration that issued the permit in a timely manner, and an announcement of loss shall be published on the public media, and after declaring that it is invalid, a written application shall be submitted to the regional administration that issued the permit for a new one.

Article 128 Operators shall ensure that their operating conditions continue to meet the conditions for issuing air transport licenses for dangerous goods.

If the operator no longer has the conditions for safe production due to changes in operating conditions, the civil aviation administrative department shall revoke its dangerous goods air transport license in accordance with the "Safety Production Law".

Article 129 Operators and their agents who carry out air transport of dangerous goods shall submit relevant information on the transport of dangerous goods by air to the civil aviation administration in accordance with relevant regulations.

Article 130 The civil aviation administrative department shall, according to its responsibilities, establish a record system for illegal transport of dangerous goods by air, and regularly report the illegal records of dangerous goods transport by air. Operators shall adopt stricter acceptance and inspection procedures for partners who have illegal records of air transportation of dangerous goods to avoid the occurrence of air transportation accidents of dangerous goods.

Article 131 Any unit or individual shall have the right to report or report to the Civil Aviation Administration or the Regional Civil Aviation Administration of any violation or violation of the laws and regulations on the transport of dangerous goods by air. Where the report or whistle-blowing is in written form and relevant facts and evidence are provided, the Civil Aviation Administration or the Regional Civil Aviation Administration shall conduct necessary investigations based on the reporting situation. 

Chapter XII Legal Liability

Article 132 If the shipper or its agent commits any of the following acts, the civil aviation administrative department shall impose a warning or a fine of not more than 30,000 yuan:

(1) Violating these regulations and failing to classify the consigned dangerous goods as required;

(2) Violating these regulations and failing to pack the consigned dangerous goods as required;

(3) Violating these regulations and failing to mark the consigned dangerous goods as required;

(4) Violating these regulations and failing to label the consigned dangerous goods as required;

(5) Violating these regulations and failing to provide relevant documents for the transport of dangerous goods for the consigned dangerous goods as required;

(6) In violation of these regulations, the consigned dangerous goods are dangerous goods prohibited from air transportation;

(7) Violating these Provisions, consigning dangerous goods whose transportation is restricted by national laws and regulations, and failing to meet the requirements of relevant laws and regulations;

(8) Violating Article 53 of these regulations and failing to retain relevant documents;

(9) Violating Article 89 of these regulations and failing to provide relevant information or relevant guidelines to their personnel.

Article 133 If the operator commits any of the following acts, the civil aviation administrative department shall impose a warning or a fine of not more than 30,000 yuan:

(1) Violating Article 7 of these Provisions and failing to comply with the "Technical Instructions" to transport dangerous goods;

(2) Violating Article 8 or Article 14 of these Regulations by transporting dangerous goods without approval, without exemption, without obtaining a dangerous goods air transport license, or not in accordance with the content of the dangerous goods air transport license;

(3) Violating Article 20, Article 25, Article 31, and Article 36 of these Regulations, providing untrue materials when applying for a dangerous goods air transport permit, or failing to report any changes in materials as required; Approved by the Regional Administration of Civil Aviation;

(4) Violating Article 39 of these regulations and failing to provide the dangerous goods air transport manual as required;

(5) Violating Article 41 of these Regulations and failing to take necessary measures to make their personnel and their freight sales agents and ground service agents understand the relevant contents of the dangerous goods transport manual;

(6) Violating the first section of Chapter VII of these regulations and failing to meet the relevant requirements of the operator's responsibility;

(7) Violating Chapter VIII of these regulations and failing to provide air transport information for dangerous goods as required;

(8) Violating Article 127 of these Regulations, altering, lending, trading or transferring the approval letter for air transport of dangerous goods, or failing to report the loss, damage or loss of the approval letter in a timely manner;

(9) Violating Article 129 of these Regulations and failing to submit information on the transportation of dangerous goods by air as required.

If the operator commits the acts in items (1) and (2) of the first paragraph of this article, if the circumstances are serious, the illegal income shall be confiscated, and a fine of less than one time of the illegal income may be imposed concurrently.

If the operator commits the act of item (3) of the first paragraph of this article, fails to provide real materials, and obtains the dangerous goods air transport license by means of deception, the civil aviation administrative department shall revoke the license.

Article 134 If a freight sales agent commits any of the following acts, the civil aviation administrative department shall impose a warning or a fine of not more than 30,000 yuan:

(1) Violating Article 77 of these Regulations by engaging in the air transport of dangerous goods;

(2) Consignment of dangerous goods as a shipper or on behalf of a shipper in violation of Article 78 of these Provisions.

Article 135 If a ground service agent commits any of the following acts, the civil aviation administrative department shall impose a warning or a fine of not more than 30,000 yuan:

(1) Violating Articles 79, 80 and 81 of these Regulations by engaging in the air transport of dangerous goods;

(2) Violating Article 88 of these Regulations and failing to provide air transport information for dangerous goods as required;

(3) Violating Article 129 of these Regulations and failing to submit information on the transportation of dangerous goods by air as required.

If the ground service agent engages in the air transport of dangerous goods on behalf of the operator in violation of these regulations, the provisions of Article 133 (6) of these regulations shall apply.

Article 136 If the airport management agency commits any of the following acts, the civil aviation management department shall impose a warning or a fine of not more than 30,000 yuan:

(1) Violating Articles 87 and 89 of these Regulations and failing to provide information on air transport of dangerous goods as required;

(2) Violating Articles 118 and 119 of these regulations, failing to formulate or revise the emergency rescue plan for dangerous goods at the airport in a timely manner.

Article 137 Shippers and their agents, operators, freight sales agents, ground service agents

Managers, enterprises engaged in civil aviation safety inspections, and training institutions violate Chapter IX of these regulations and fail to meet the relevant requirements for dangerous goods training, and the civil aviation administrative department shall impose a warning or a fine of not more than 30,000 yuan.

Article 138 If the shipper and its agents, operators or ground service agents violate Article 115 of these Regulations and fail to take appropriate measures to prevent the theft or improper use of dangerous goods, the civil aviation administration shall The department imposes a warning or a fine of not more than 30,000 yuan.

Article 139 If a shipper or operator engaged in the air transport of high-risk dangerous goods violates Article 116 of these Regulations and fails to formulate or timely revise the security plan for high-risk dangerous goods, the civil aviation administrative department shall issue a warning or three A fine of less than 10,000 yuan.

Article 140 If the shipper or its agent, operator or ground service agent violates Article 121 of these regulations and fails to report the loading of dangerous goods on the aircraft, the civil aviation administrative department shall impose a warning or 30,000 yuan A fine of less than $1.

141. Units and individuals engaged in the air transport of dangerous goods in violation of Article 125 of these regulations, refusing to accept or cooperating with the supervision and inspection of the civil aviation administrative department, shall be given a warning or 30,000 yuan by the civil aviation administrative department. the following fines.

Article 142 Units and individuals engaged in the air transport of dangerous goods that violate these regulations and constitute a crime shall be investigated for criminal responsibility according to law.

Chapter 13 Supplementary Provisions

Article 143 The time limit in these regulations shall be calculated in working days, excluding statutory holidays.

Article 144 The aircraft operators in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region apply for the permission of air transport of dangerous goods, with reference to the provisions on foreign operators in these Regulations.

Article 145 These regulations shall come into force on March 1, 2014. The "Regulations on the Administration of the Transportation of Dangerous Goods by Civil Aviation in China" promulgated by the Civil Aviation Administration on July 12, 2004 shall be repealed at the same time.

Attachment: The Civil Aviation Administration of China's Revision Statement on the Regulations on the Administration of the Transportation of Dangerous Goods by Civil Aviation in China (CCAR-276-R1)

 appendix:

Amendment of the Civil Aviation Administration of China on the Regulations on the Administration of the Transportation of Dangerous Goods by Civil Aviation in China (CCAR-276-R1)

The air transport of dangerous goods is directly related to the safety of civil aviation, and the air transport specification of dangerous goods is an important part of the civil aviation safety management specification system. The Regulations on the Administration of the Transportation of Dangerous Goods by Civil Aviation in China (CCAR-276, hereinafter referred to as the Regulations), as the main regulation for the adjustment of air transportation of dangerous goods in my country, is an important basis for guiding the safety management of air transportation of dangerous goods. The current "Regulations" were promulgated by the Civil Aviation Administration of China on July 12, 2004 and implemented on September 1, 2004. In order to make the Regulations adapt to the new development of air transport of dangerous goods and the supervision and management needs of the competent civil aviation authorities, promote the orderly development of air transport of dangerous goods, and ensure the safety of civil aviation, our bureau has revised the current Regulations.

1. The need for revision

(1) The basis of the current "Regulations" has undergone major changes

The main provisions of the current "Regulations" are basically from Annex 18 of the Convention on International Civil Aviation "Safe Transport of Dangerous Goods by Air (Third Edition July 2001)" (hereinafter referred to as "Annex 18") and ICAO "Technology for the Safe Transport of Dangerous Goods by Air". The detailed rules (hereinafter referred to as the "technical rules") are converted from the international standards on the safe air transport of dangerous goods. At present, the fourth edition of Annex 18 has officially entered into force, and the content has changed compared with the third edition of Annex 18. At the same time, the "Technical Instructions" are based on regular updates every two years, and the content has also undergone major changes. It is therefore necessary to revise the Regulations in accordance with the latest Annex 18 and the Technical Instructions.

(2) Significant changes in the practice of air transport of dangerous goods

The current "Regulations" mainly regulate the behavior of operators and shippers, but there are no specific provisions on the safe transportation management content of ground service agents, sales agents and other subjects engaged in the air transportation of dangerous goods.

With the development of dangerous goods air transport and the refinement of the transport division of labor, ground service agents, sales agents, and shipper agents who participate in dangerous goods air transport play an increasingly important role in the practice of dangerous goods transport, and correspondingly Should take more responsibility. The current "Regulations" only regulate the behavior of shippers and operators, but in practice it appears that the management is not strong enough and part of the main responsibility is lacking. In order to ensure the safety of air transport of dangerous goods, comprehensively regulate all relevant subjects of air transport of dangerous goods, and make the "Regulations" compatible with the practice of air transport of dangerous goods, it is necessary to revise the "Regulations".

2. Guiding ideology and basis for revision

The guiding ideology of the revision of the "Regulations" is to fully implement the concept of continuous safety, improve the management system of dangerous goods operators, shippers and agents, and strictly implement the responsibility of the main body of dangerous goods transportation; innovate the management mode of dangerous goods transportation, highlight continuous supervision and inspection, and ensure dangerous goods. air transport safety.

Annex 18 of the Convention on International Civil Aviation (4th edition in July 2011) and ICAO's Technical Instructions (2011-2012 Edition) (Doc9284) are the main basis for this revision. Annex 18 is the principle rule for the management of the safe air transport of dangerous goods provided by ICAO to the contracting states. all the details. Using the latest Annex 18 and the "Technical Instructions" as the basis for revising the "Regulations" is not only for my country to fulfill its obligations as a contracting state of ICAO, but also to help my country to keep the air transport rules of dangerous goods in line with international rules, and to promote the safety of domestic dangerous goods by air transport. The improvement of management level.

3. The key content of the revision

(1) Changes in the licensing mode of dangerous goods by air

The current "Regulations" require the operator to list the airports approved for operation in the operator's dangerous goods air transport license. For airports that are not within the scope of the license, the operator shall not carry out dangerous goods air transport activities. This licensing model requires the civil aviation administration to examine and approve the airports where the operator transports dangerous goods one by one. In practice, when different operators carry out the transport of dangerous goods at the same airport, the civil aviation administration usually needs to examine the same airport or the same ground at the same airport. The service agent conducts repeated audits to determine the operator's ground service support capability for the transportation of dangerous goods at the airport.

The revised "Regulations" clarifies that the operator (the revised "Regulations" will change "operator" to "operator") no longer list specific airports in the dangerous goods air transport license, but only list the operation of dangerous goods air transport scope. As long as the airport is within the scope of operation permitted by the operator, the air transport of dangerous goods can be carried out. The regional civil aviation administration ensures the ground support capability of the ground service agent through the ground service agent filing system and post-event supervision and inspection.

(2) Highlight the management of agents engaged in the air transport of dangerous goods

The agents engaged in the air transport of dangerous goods include the agent of the operator and the agent of the shipper. The operator's agent is further divided into ground service agent and freight sales agent. The provisions of the current Regulations on agents are limited to the requirements of dangerous goods training, and there are no obligations and responsibilities and provisions for operators to manage their agents. With the refinement of the division of labor in the air transportation of dangerous goods, the agent assumes more and more responsibilities in the transportation of dangerous goods. Whether the agent is engaged in the air transportation of dangerous goods is directly related to the safety of air transportation of dangerous goods.

The revised "Regulations" distinguish agents of different natures, and set different management modes and corresponding responsibilities for shipper agents, freight sales agents and ground service agents.

1. The shipper's agent. The shipper's agent directly participates in the preparation of dangerous goods by air, and performs all or part of the classification and identification, packaging, marking and labeling, preparation of transport documents, etc. of the dangerous goods. Therefore, the code of conduct of the shipper's agent directly affects the safety of air transport of dangerous goods. . The "Regulations" require that the shipper's agent be managed with reference to the shipper's relevant regulations, including formulating a dangerous goods training program, carrying out personnel training, and independently bearing legal responsibilities.

2. Freight sales agent. In view of the current situation of the air cargo sales agency market, the "Regulations" strengthen the management responsibility of the operators to their entrusted freight sales agents, and ensure that the freight sales agents are trained in personnel training, information provision, cargo inspection and prevention of hidden dangerous goods. Meet regulatory requirements. The "Regulations" require that freight sales agents must sign a freight sales agency agreement with the operator before they can carry out relevant agency business, and the operator shall manage the freight sales agent. The operator shall be responsible for the management of the sales agency activities carried out by the freight sales agent on its behalf.

3. Ground service agent. In view of the fact that the ground service agent assumes the main responsibility of the operator's ground operation in the air transport of dangerous goods, and is the main embodiment of the operator's ground support capability for the transport of dangerous goods, the "Regulations" implement a record management system for ground service agents, and provide It puts forward requirements in terms of safeguard capacity. At the same time, considering that domestic ground service agents are generally affiliated to the airport where they are located and have relative independence and autonomy in air transport activities, the Regulations require ground service agents to refer to the operator when engaging in dangerous goods air transport activities on behalf of the operator. Management of responsibilities.

(3) Strengthen the management of dangerous goods training programs

The current "Regulations" only require operators to formulate a training program and obtain approval from the civil aviation management agency, and no training program is required for other dangerous goods transport entities. In practice, the training syllabus is the specific arrangement for relevant subjects to carry out dangerous goods knowledge training for personnel, involving training plans, training courses and teaching materials, and training requirements, etc., which directly affects the quality of dangerous goods training.

The revised "Regulations" clearly require that five categories of entities must formulate a dangerous goods training program. These five categories of entities are enterprises or organizations that act as consignors or agents of dangerous goods by air, domestic operators, freight sales agents, and ground transportation agents. Service agents and enterprises engaged in civil aviation security inspections. Among them, the training outline of the shipper and the shipper's agent shall be submitted to the regional administration for the record; the training outline of domestic operators, ground service agents and safety inspection agencies shall be submitted to the regional administration for approval; people recognize. Strengthen the training of dangerous goods and improve the quality of training by strengthening the management of the dangerous goods training program for each main body of dangerous goods by air transport.

(4) Increase the relevant requirements for training institutions and teacher management

The current "Regulations" do not have relevant provisions for dangerous goods training institutions, but in practice, professional training institutions that provide dangerous goods air transport training services have generally existed, and they have carried out a large number of activities for operators' agents, shippers and their agents. Training work. 

In order to effectively regulate the training behavior of existing dangerous goods training institutions, and at the same time ensure the organization of dangerous goods training and ensure the quality of dangerous goods training, the revised "Regulations" clarifies the legal status of dangerous goods training institutions, that is, to formulate and implement dangerous goods training institutions. Enterprises or organizations with training programs can set up training institutions, and personnel engaged in the air transport of dangerous goods should be trained through dangerous goods training institutions. At the same time, a series of qualifications and conditions are required for all institutions and units that carry out dangerous goods training work and teachers of dangerous goods training institutions, aiming to realize the unified management of dangerous goods training institutions and teachers, so as to strengthen the management of dangerous goods training work. .

(5) Enriched the relevant content of providing information on the transport of dangerous goods to air transport passengers

The current "Regulations" only require operators and airport authorities to provide passengers with sufficient information to inform passengers of the prohibited types of dangerous goods in terms of providing passengers with information on the transport of dangerous goods by air.

In view of the fact that passengers carrying dangerous goods are related to the safety and convenience of every passenger's travel, and also consider that the Technical Regulations have added corresponding requirements in this regard. The revised "Regulations" enriches and refines the relevant provisions for providing information on dangerous goods to passengers: First, the subject of providing information has been added, and the original operators and airport authorities have been expanded to operators, ground service agents, and airport management. The second is to increase and refine the links and methods of information notification. The revised "Regulations" require information notification during ticket sales and check-in, and require various methods such as the Internet, self-service check-in, announcements, and visual examples. .

(6) It is clarified that the operation specifications of domestic operators should include information on the license for air transport of dangerous goods

Article 117 of the revised "Regulations" stipulates: "The operation specifications of domestic operators shall include relevant contents of air transport of dangerous goods." The purpose is to reflect in the operation specifications of domestic operators whether the operators can The carriage of dangerous goods and the relevant restrictions on the transport of dangerous goods. This modification is mainly based on the requirements of Part I of Annex 6 to the Convention on International Civil Aviation.

"International Civil Aviation Convention" Annex 6 Part I "International Commercial Air Transport - Aircraft" Chapter 4 4.2.1.6 stipulates: "The operations specifications attached to the air operator certificate shall contain at least the third paragraph of Appendix 6. Section 3 information, starting from January 2010, shall comply with the design of Section 3 of Appendix 6." The table of "Operations Specifications" of Section 3 of Appendix 6 contains the content of "whether to obtain permission to transport dangerous goods".

(7) The relevant requirements for the ground emergency rescue of the air transport of dangerous goods by the airport management agency have been added

The current "Regulations" do not set the relevant obligations and responsibilities of the airport management agency for the emergency rescue of dangerous goods by air transport. In practice, formulating a set of ground emergency rescue plans for air transport of dangerous goods, so as to effectively carry out emergency response to dangerous goods accidents and incidents, is of great significance for reducing losses and protecting personal and property safety.

Given that the airport management agency is responsible for the security, firefighting and other functions of the airport area, the revised "Regulations" for the airport management agency to formulate and update the ground emergency rescue plan for dangerous goods, set up emergency rescue agencies and personnel, and conduct emergency rescue drills, etc. Clear requirements have been made, so that the ground emergency rescue of dangerous goods by the airport management agency and the air transport rescue of dangerous goods by the operator are organically connected, and a complete emergency rescue system for the air transport of dangerous goods is built together.

(8) New content on the supervision and management of air transport of dangerous goods

The current "Regulations" do not have relevant content on the supervision and management of air transport of dangerous goods. In order to implement the concept of continuous safety and strengthen the post-event supervision of the transportation of dangerous goods, the revised "Regulations" specially added a chapter on supervision and management, and made clear regulations on the supervision of the transportation of dangerous goods by civil aviation management agencies: First, it clarified that the air transport of dangerous goods was clarified. The content of supervision and management and the duties and powers of civil aviation management agencies; the second is to clarify the work requirements of the dangerous goods inspectors; the third is to stipulate the rights and obligations of the supervision objects; the fourth is to establish a reporting and investigation system for illegal air transport of dangerous goods ;

Fifth, a record system for illegal air transport of dangerous goods has been established.

(9) The content of legal responsibility has been improved

The legal liability part of the current "Regulations" has only two types of liability subjects: the operator and the shipper. When the shipper's agent or the operator's agent engages in violations of laws and regulations in the transportation of dangerous goods, the "Regulations" do not provide for the corresponding legal responsibility, resulting in Lack of relevant subject responsibility.

The revised "Regulations" have comprehensively enriched the relevant content of legal liability: First, expand the main body of legal responsibility, and set up illegal acts of operators and their agents, shippers and their agents, dangerous goods training institutions, and airport management agencies. Penalties are set to make the responsibility system for air transport of dangerous goods more complete; second, the punishment for serious illegal acts of dangerous goods is increased, and the revised "Regulations" no longer directly impose administrative penalties on concealment and concealment. , but according to the specific content of the shipper's responsibility that may violate the behavior of concealment and concealment to be punished separately, so as to more scientifically define the danger and consequences of concealment and concealment, and also aggravate the consequences of concealment. and penalties for concealment.

(10) Added provisions for operators in Hong Kong, Macao and Taiwan to apply for the transport of dangerous goods

The current "Regulations" do not require operators from Hong Kong, Macao and Taiwan to apply for the transportation of dangerous goods in the Mainland (Mainland). Based on the current practice, the revised "Regulations" clarifies in the supplementary provisions that if operators from Hong Kong, Macao and Taiwan regions apply for the transportation of dangerous goods in the Mainland (mainland), they shall be implemented with reference to the provisions of these "Regulations" on foreign operators.

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