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In this subpart:

92.1 Purpose

(a) This Part prescribes rules governing the carriage of dangerous goods by air.

(b) This Part does not apply to articles or substances that are—

(1) specifically excluded under Part One in the Technical Instructions; or

(2) required to be aboard an aircraft in accordance with the airworthiness or operational requirements of the Civil Aviation Rules; or

(3) approved by the Director to meet special operational requirements.

(c) Articles and substances intended as replacements for those covered by paragraphs (b)(2) and (3) must be carried in accordance with this Part except when consigned by operators in accordance with Part 1, Chapter 2, Paragraph 2.2 of the Technical Instructions.

92.3 Definitions

In this Part—

Cargo aircraft means an aircraft, other than an aircraft that carries passengers, which is carrying goods or property:

Certified handler has the same meaning as in the Health and Safety at Work (Hazardous Substances) Regulations 2017:

Classification of dangerous goods (Classes 1 to 9) have the same meaning as defined in Part 2 of the Technical Instructions:

Consignment means 1 or more packages of dangerous goods accepted by an operator from 1 consignor at one time and at 1 address, receipted for in 1 lot and moving to 1 consignee at 1 destination address:

Handling agent means an agency which performs on behalf of the operator some or all of the operator's functions including receiving, loading, unloading, transferring, or other processing of passengers or cargo:

International Accreditation New Zealand (IANZ) means the trading entity of the Accreditation Council, established by the Standards and Accreditation Act 2015:

Operator means a person engaged in or offering to engage in an aircraft operation:

Overpack means an enclosure used to contain 1 or more packages and to form 1 handling unit for convenience of handling and stowage:

Package means the complete product for the packing operation consisting of the packaging and its contents prepared for transport:

Packaging means the receptacle and any other components necessary for the receptacle to perform its containment function and to ensure compliance with the packing requirements of Annex 18 to the Convention:

Packing means the art and operation by which articles or substances are enveloped in wrappings, enclosed in packagings, or otherwise secured:

Postal article has the same meaning as in the Postal Services Act 1998:

Proper shipping name means the name used to describe a particular article or substance in every shipping document and notification and, where appropriate, on packaging:

Receptacle means a containment vessel for receiving and holding a substance or article, including any means of closing:

Regular shipper means any person who—

(1) manufactures or supplies dangerous goods and offers those dangerous goods for carriage by air; or

(2) provides a service to the public to arrange the offer of dangerous goods for carriage by air:

UN number means the 4-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances:

Unit load device means any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo, except for—

(1) an overpack; or

(2) a freight container for radioactive materials.

92.5 Reserved

92.7 General carriage requirements

(a) A person must not offer or accept dangerous goods for carriage by air unless those goods are classified, documented, certificated, described, packaged, marked, and labelled in accordance with the Technical Instructions, and are in the condition for shipment prescribed by the Technical Instructions.

(b) A person must not carry dangerous goods by air unless those goods are accepted, handled, and carried in accordance with the Technical Instructions or under the provisions of this Part.

92.9 Forbidden dangerous goods

(a) Except as provided in paragraph (b), a person must not offer or accept dangerous goods for carriage by air if the dangerous goods are forbidden for carriage by air under the Technical Instructions.

(b) A person may offer or accept for carriage by air an article or substance identified as being forbidden in columns 10 and 11, or 12 and 13, of the Dangerous Goods List in the Technical Instructions, including that article or substance described as not otherwise specified, if the Director approves the carriage of the article or substance.

92.11 Exceptions

(a) A member of the Police may carry dangerous goods in an aircraft in the course of that person’s duties without complying with this Part if the aircraft is performing an operation solely for Police purposes.

(b) A person may offer or accept Class 1 dangerous goods for carriage by air without complying with this Part if—

(1) carriage is approved by a certified handler; and

(2) the dangerous goods are carried—

(i) under the supervision of a certified handler; or

(ii) in accordance with instructions given by a certified handler and that certified handler is readily contactable to provide assistance at all times whilst the dangerous goods are being carried; and

(3) safety and emergency procedures are established for the carriage of the goods; and

(4) the goods are—

(i) in a proper condition for carriage by air; and

(ii) stowed and secured for safe carriage; and

(5) the aircraft does not carry any passenger other than a passenger who is essential for the purpose of the flight; and

(6) the flight is conducted clear of any congested area of a city, town, or settlement.

(c) A person may offer or accept dangerous goods for carriage by air that are for the recreational use of a passenger without complying with this Part if—

(1) the dangerous goods are carried in an unpressurised aircraft that—

(i) has a MCTOW of 5700 kg or less; and

(ii) is on a domestic VFR flight; and

(2) the dangerous goods are not listed in the Dangerous Goods List in the Technical Instructions as being forbidden for carriage by air in an aircraft that carries passengers; and

(3) safety and emergency procedures for the carriage of the dangerous goods are established; and

(4) each item of dangerous goods is identified; and

(5) the pilot-in-command is informed of the hazardous nature of the goods; and

(6) the dangerous goods are—

(i) in a proper condition for carriage by air; and

(ii) segregated if they are likely to react dangerously together; and

(iii) stowed, secured, and, if necessary, packed, to prevent leakage or damage in flight; and

(7) the only passengers carried aboard the aircraft are passengers who are associated with the dangerous goods.

92.13 Carriage by passenger or crew member

A person must not carry dangerous goods or cause dangerous goods to be carried aboard an aircraft in checked or carry-on baggage or on their person unless permitted by the Technical Instructions.

92.15 Offer of goods

(a) Each person who offers an article or substance for carriage by air must—

(1) if the article or substance is not a dangerous good, provide the operator with a signed document that—

(i) accurately describes the article or substance; or

(ii) states that the article or substance is not a dangerous good; or

(2) if the article or substance is a dangerous good, comply with Subpart C.

(b) Paragraph (a)(1) does not apply to—

(1) a postal article; or

(2) checked or carry-on baggage.

92.17 Custody of dangerous goods

(a) Any dangerous goods offered or accepted for carriage by air that are associated with an accident or incident reported under Part 12 are deemed to be in the custody of the Director.

(b) The Director may—

(1) inspect and open any of those goods specified in paragraph (a); and

(2) retain samples of the contents for testing and analysis and for evidential purposes.

 

Subpart B