The Air Navigation (Overseas Territories) Order 2007

PART I Interpretation

Interpretation

1.—(1) In these Regulations—

“acceptance check list” means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

“cargo aircraft” means any aircraft which is carrying goods or property but not passengers and for the purposes of these Regulations the following are not considered to be passengers—

(a)

a crew member;

(b)

an operator’s employee permitted to be carried by, and carried in accordance with, the instructions contained in the operations manual;

(c)

an authorised representative of a competent national aviation authority;

(d)

a person with duties in respect of a particular shipment on board;

“dangerous goods” means any article or substance which is identified as such in the Technical Instructions;

“dangerous goods accident” means an occurrence associated with and related to the carriage of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

“dangerous goods incident” means an occurrence, other than a dangerous goods accident, which—

(e)

is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or

(f)

relates to the carriage of dangerous goods and which seriously jeopardises the aircraft or its occupants;

“dangerous goods transport document” means a document which is specified by the Technical Instructions and contains information about those dangerous goods;

“freight container” means an article of transport equipment for radioactive materials, designed to facilitate the carriage of such materials, either packaged or unpackaged, by one or more modes of transport, but does not include a unit load device;

“handling agent” means an agent who performs on behalf of the operator some or all of the functions of the latter including receiving, loading, unloading, transferring or other processing of passengers or cargo;

“ID number” means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;

“non-Territory operator” means an aircraft operator who holds an air operator’s certificate issued otherwise than by the Governor;

“overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage, but does not include a unit load device;

“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

“packaging” means the receptacles and any other components or materials necessary for the receptacle to perform its containment function;

“proper shipping name” means the name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings;

“serious injury” means an injury which is sustained by a person in an accident and which—

(g)

requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or

(h)

results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

(i)

involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or

(j)

involves injury to any internal organ; or

(k)

involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or

(l)

involves verified exposure to infectious substances or injurious radiation.

“Technical Instructions” means the 2007-2008 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;

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

“unit load device” means any type of container or pallet designed for loading onto an aircraft but does not include a freight container for radioactive materials or an overpack; and

“Territory operator” means an aircraft operator who holds an air operator’s certificate issued by the Governor.

(2) Other expressions used in these Regulations shall have the same respective meanings as in this Order

(3) For the avoidance of doubt any reference in the Technical Instructions or these Regulations to the taking on board, loading onto or carriage of dangerous goods in or on an aircraft shall for the purpose of these Regulations be interpreted as applying also to the placing, suspending or carriage of such goods beneath an aircraft unless the context makes it otherwise apparent.