GM1 NCO.GEN.140(a) Transport of dangerous goods    

CAA ORS9 Decision No. 1

GENERAL

(a) The requirement to transport dangerous goods by air in accordance with the Technical Instructions is irrespective of whether:

(1) the flight is wholly or partly within or wholly outside the territory of a State; or

(2) an approval to carry dangerous goods in accordance with Annex V (Part-SPA), Subpart G is held.

(b) The Technical Instructions provide that in certain circumstances dangerous goods, which are normally forbidden on an aircraft, may be carried. These circumstances include cases of extreme urgency or when other forms of transport are inappropriate or when full compliance with the prescribed requirements is contrary to the public interest. In these circumstances all the States concerned may grant exemptions from the provisions of the Technical Instructions provided that an overall level of safety that is at least equivalent to that provided by the Technical Instructions is achieved. Although exemptions are most likely to be granted for the carriage of dangerous goods that are not permitted in normal circumstances, they may also be granted in other circumstances, such as when the packaging to be used is not provided for by the appropriate packing method or the quantity in the packaging is greater than that permitted. The Technical Instructions also make provision for some dangerous goods to be carried when an approval has been granted only by the State of origin and the CAA.

(c) When an exemption is required, the States concerned are those of origin, transit, overflight and destination of the consignment and that of the operator. For the State of overflight, if none of the criteria for granting an exemption are relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

(d) The Technical Instructions provide that exemptions and approvals are granted by the ‘appropriate national authority’, which is intended to be the authority responsible for the particular aspect against which the exemption or approval is being sought. The operator should ensure that all relevant conditions on an exemption or approval are met.

(e) The exemption or approval referred to in (b) to (d) is in addition to the approval required by Annex V (Part-SPA), Subpart G.