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TABLE OF CONTENTS CHAPTER A GENERAL PROVISIONS CHAPTER B RESTRICTIONS ON THE AIR TRANSPORT OF DANGEROUS GOODS CHAPTER C APPLICATION AND PERMISSION OF AIR TRANSPORT OF DANGEROUS GOODS CHAPTER D REQUIREMENTS OF THE BROCHURE OF DANGEROUS GOODS CHAPTER E PREPARATION FOR TRANSPORT OF DANGEROUS GOODS CHAPTER F DUTIES OF THE SHIPPER CHAPTER G DUTIES OF THE OPERATOR CHAPTER H PROVISION OF INFORMATION CHAPTER I TRAINING CHAPTER J SECURITY REQUIREMENTS CHAPTER N LEGAL LIABILITIES CHAPTER P SUPPLEMENTARY PROVISIONS CHAPTER A GENERAL PROVISIONS Article 276.1 Purpose and Basis The present Provisions are formulated pursuant to the Civil Aviation Law of the People's Republic of China and the Decision of the State Council on Creating Administrative Licenses for the Administrative Examination and Approval Items Which are Necessary to be Reserved (Order No. 412 of the State Council) for the purpose of strengthening the administration of civil air transport of dangerous goods and safeguarding the safety of flight. Article 276.3 Scope of Application The present Provisions shall be applicable to the operation of the following aircrafts: (a) any civil aircraft registered within the People's Republic of China; (b) any foreign civil aircraft operating within the territory of the People's Republic of China. Article 276.5 Definitions The meanings of the terms as used in the present Provisions are defined in the Attachment A. Article 276.7 Basic Requirements (a) An operator who carries dangerous goods by a civil aircraft (hereinafter referred to "aircraft") shall obtain in advance permission of air transport of dangerous goods from the Administration. (b) The carriage of dangerous goods by air shall meet the following requirements: (1) the current Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc9284-AN/905) which are promulgated by the International Civil Aviation Organization, including the supplements and any appendix ratified and promulgated by the Council of the International Civil Aviation Organization (hereinafter referred to "Technical Instructions"); and (2) the restrictions as imposed by the Administration in addition for the permission of air transport of dangerous goods. Article 276.9 Exceptions (a) Any article or substance, which may originally be classified into dangerous goods but needs to be uploaded onto an aircraft pursuant to the rules relating to airworthiness and operation or other special causes listed in the Technical Instructions, shall not be governed by the present Provisions. (b) Any substance, which is carried by an aircraft and used to replace or be replaced by any article or substance as stated in (a), shall be transported pursuant to the present Provisions unless it is permitted by the Technical Instructions. (c) Within the scope as prescribed by the Technical Instructions, any specific article or substance carried by passengers or aircrew members shall not be governed by the present Provisions. Article 276.11 Administrative Organs (a) The Civil Aviation Administration of China (hereinafter referred to "the CAAC") shall exercise supervision over and regulation upon any air transport of dangerous goods within the scope of application of Article 276.3 of the present Provisions; and the local civil aviation administrative bureaus shall, pursuant to the authorization, exercise supervision over and regulation upon any air transport of dangerous goods of their respective administrative divisions. (b) The Administration shall, pursuant to the scope of administrative power, conduct supervision and inspection to any air transport of dangerous goods. (c) The Administration shall not hamper the normal production and operation of any inspected entity, shall not ask for or accept any money or property of a licensee, nor may it seek for any other benefits. Article 276.13 Supervision and Examination (a) Any entity or individual who engages in air transport shall be subject to supervision and examination of the Administration regarding air transport of dangerous goods so as to ascertain whether or not it complies with the present Provisions. (b) The Administration may, pursuant to the inspection results of Paragraph (a) of this Article or any other evidence, ascertain whether or not the said entity or individual is fit for its continuous business relating to air transport. Any and all acts in violation of the present Provisions shall be subject to legal liabilities pursuant to Chapter N of the present Provisions. CHAPTER B RESTRICTIONS ON THE AIR TRANSPORT OF DANGEROUS GOODS Article 276.23 General Principles Any air transport of dangerous goods is forbidden unless it complies with the criteria and procedures as prescribed by the present Provisions and the Technical Instructions. Article 276.25 Restrictions on Transport Unless it is exempted by the CAAC or its transport is approved by the State of departure pursuant to the Technical Instructions, any of the following dangerous goods shall not be loaded onto an aircraft: (a) any article or substance which is prohibited by the Technical Instructions to be transported under normal circumstances; or (b) any infected living animal. Article 276.27 Prohibitions of Transport No aircraft may carry any article or substance which is prohibited from transport by air under any circumstance described in the Technical Instructions. Article 276.29 Exemption The CAAC may, pursuant to Article 276.25 of the present Provisions, grant its exemption if any of following situations occurs: (a) it is terribly urgent; (b) any other transport method isn't applicable; or (c) it is required by the public interests. Article 276.31 Airmail (a) No dangerous substance may be posted via airmail or be carried secretly in airmails unless it is otherwise prescribed by the Technical Instructions. (b) No dangerous substance may be reported in concealment or falsely to be a common one and be posted as airmail. CHAPTER C APPLICATION AND PERMISSION OF AIR TRANSPORT OF DANGEROUS GOODS Article 276.41 Application (a) An applicant for air transport of dangerous goods shall, pursuant to a prescribed format and method, submit a written application, which shall contain all contents which an applicant is required to submit by the Administration. (b) A local civil aviation administrative bureau shall provide consulting information to the applicants, answer questions relating to air transport of dangerous goods put forward by the applicants, and offer laws, regulations or other corresponding regulatory documents and standard formats of application documents to the applicants. (c) A domestic operator applying for air transport of dangerous goods shall submit the following documents when he submits the written application: (1) types of dangerous goods to be transported or the illustrations of the operational airport; (2) a brochure of dangerous goods; (3) a training program of dangerous goods; (4) instructions of personnel training in order to carry out air transport of dangerous goods; (5) emergency and rescue schemes for accidents relating to dangerous goods; (6) declaration of compliance; and (7) any other document as required by the Administration. (d) A foreign operator applying for air transport of dangerous goods shall submit the following documents when he submits the written application: (1) a licensing document of air transport of dangerous goods issued by the State where the operator lives; (2) types of dangerous goods to be transported or the illustrations of the operational airport; (3) a brochure of dangerous goods confirmed by the State where the operator lives or documents of equivalent effect; (4) a training program of dangerous goods approved by the State where the operator lives or documents of equivalent effect; (5) training instructions complying with the requirements of Paragraph (b) of Article 276.159 of the present Provisions; and (6) any other document as required by the Administration. (e) In case any other language than Chinese or English is used, the license, approval and exemption documents as required to be submitted by Paragraph (d) of this Article shall be accompanied by an accurately translated Chinese or English version. Article 276.43 Acceptance An applicant shall prepare application documents pursuant to Article 276.41 of the present Provisions and formally apply to a local civil aviation administrative bureau. The local civil aviation administrative bureau shall make an acceptance decision within 5 working days. In case the application is approved, follow-up inspection work shall be arranged; in case the application is denied, a written notice shall be sent to the applicant and the causes shall be explained. Article 276.45 Examination (a) Examination of Documents A local civil aviation administrative bureau shall explicitly examine the training program, brochure and related documents of dangerous goods put forward by an applicant, grant its preliminary approval to the training program of dangerous goods, and ratify the brochure of dangerous goods. (b)Verification and Examination An applicant shall conduct the training according to the preliminarily approved training program of dangerous goods, and establish related administrative and operational procedures according to the approved brochure of dangerous goods; a local civil aviation administrative bureau shall verify and examine the training quality or related procedures to ensure that it is in accordance with the requirements of the present Provisions and the Technical Instructions. Article 276.47 Decision (a)The Administration shall issue an approval document of carriage of dangerous goods by air to an applicant after it is examined and approved that the applicant meets all the following conditions: (1) the training program of dangerous goods has been approved by the Administration, and the brochure of dangerous goods and related documents have been ratified by the Administration; (2) the proper and enough personnel have been prepared and the training has been finished according to the training program; (3) the administrative and operational procedures for air transport of dangerous goods and emergency schemes have been established according to the brochure of dangerous goods; and (4) the transport can be carried out according to the present Provisions, the Technical Instructions and the brochure of dangerous goods. (b) In case the applicant is found to be disqualified upon examination, the Administration shall notify it of the right to apply for a hearing within 5 working days before it makes the disapproval decision; and it shall notify in written form the applicant of the causes and rights to lodge a reconsideration and suit after it makes the disapproval decision. Article 276.49 Time Limit After the Administration accepts the application of air transport of dangerous goods, it shall examine the application materials of an applicant within 20 working days and make an approval decision. In case the examination and expertise appraisal is required, the time for examination and appraisal shall not be included into the said time limit of 20 working days, and the Administration shall notify the applicant in written form of the necessary time for examination and appraisal. Article 276.51 Form and Content of Approval The Administration shall grant the permission of air transport of dangerous goods by issuing operational norms or an approval letter, and the permission shall include: (a) an explanation that this operator shall carry out the operation pursuant to the requirements of the present Provisions and the Technical Instructions within the scope of operation as approved by the Administration; (b) the approved types of dangerous goods to be transported; (c) the approved airport to carry out air transport; (d) the approved period of validity and restrictive conditions; and (e) any other item as required by the Administration. Article 276.53 Period of Validity of Permission The maximum period of validity of the permission of air transport of dangerous goods is two years. The permission of air transport of dangerous goods may become invalidated in case any of the following circumstances occurs: (a) the operator declares his withdrawal in written form; (b) the Administration removes the permission or suspends the validity of the permission of air transport of dangerous goods; (c) the certificate of qualified operation of the operator has been temporarily detained, revoked or become invalidated for any other reason; or (d) for a foreign air operator, his permission of air transport of dangerous goods issued by the State where the operator lives becomes invalidated. Article 276.55 Alteration and Extension of Permission (a) Where a permitted party asks for the alteration of permitted items of air transport of dangerous goods, he shall apply to a local civil aviation administrative bureau; in case the application complies with the present Provisions, the Administration shall handle the alteration formalities. (b) Where a permitted party asks for the extension of period of validity of air transport of dangerous goods, he shall apply to a local civil aviation administrative bureau within 30 working days before the expiration of the approved period of validity; the Administration shall make the decision as to whether or not to permit the extension before the expiration of the approved period of validity; in case it exceeds the time limit and doesn't make a decision, it shall be regarded as the approval of extension. CHAPTER D REQUIREMENTS OF THE BROCHURE OF DANGEROUS GOODS Article 276.57 General Requirements (a) An operator shall formulate a brochure of dangerous goods, which shall be recognized by the Administration; (b) the brochure of dangerous goods may be incorporated into the operational brochure of the operator and any other brochure relating to transport businesses; (c) the operator shall establish or use proper revised systems to ensure that the brochure of dangerous goods is up-to-date and effective; and (d) the operator shall offer the brochure of dangerous goods written in a language familiar to the persons concerned of air transport of dangerous goods at a working place convenient for consultation. Article 276.59 Contents of the Brochure A brochure of dangerous goods shall include, but not limited to, the following items: (a) the general policies of air transport of dangerous goods of the operator; (b) institutions and duties relating to the regulation and supervision of air transport of dangerous goods; (c) technical requirements and operational procedures for air transport of dangerous goods; (d) limits on dangerous goods carried by the passengers and aircrew members; (e) reporting procedures of an incident relating to dangerous goods; (f) prevention of concealed dangerous goods in the consigned goods and the luggage of passengers; (g) administrative procedures for the operator to transport COMAT by his own aircraft; (h) personnel training; (i) information sent to the captain of the aircraft; (j) procedures for emergency treatment; and (k) other materials or instructions relating to the safety. Article 276.61 Enforcement An operator shall adopt necessary measures to ensure that he and his agents have completely known the contents of his duties in the brochure of dangerous goods when they are performing their relevant duties, and ensure that the handling and transport of dangerous goods are carried out pursuant to the procedures and guides as prescribed in the brochure of dangerous goods. Article 276.63 Notice of the Administration The Administration may, by written notice, require an operator to readjust the related contents, distribution or revision of the brochure of dangerous goods. CHAPTER E PREPARATION FOR TRANSPORT OF DANGEROUS GOODS Article 276.73 General Requirements The dangerous goods to be carried by air shall be classified and packed pursuant to the Technical Instructions, and a correctly filled dangerous goods transport document shall be submitted. Article 276.75 Packing Container (a) A quality packing container shall be used for the dangerous goods to be transported by air, the structure of which shall be tight and can prevent leakage resulting from the change of temperature, humidity or pressure, or vibration under normal transport circumstances. (b) A packing container shall be suitable for its contents, and a packing container in direct connection with dangerous goods shall not have chemical or any other reaction with the said dangerous goods. (c) A packing container shall comply with the requirements relating to materials and structural specifications in the Technical Instructions. (d) A packing container shall be tested pursuant to the Technical Instructions. (e) A packing container for liquid shall stand the pressures as listed in the Technical Instructions and no leakage will occur. (f) An inner package shall be fixed or padded so as to prevent its movement in the outside of the packing container and from damage or leakage under normal air transport circumstances. The pad and absorbing materials shall not have any dangerous reaction with the contents. (g) A packing container may be reused if it isn't corroded or damaged upon inspection. All necessary measures shall be adopted to prevent the subsequently loaded goods from pollution before a packing container is reused. (h) Where the empty packing container without being thoroughly cleaned may cause harm due to its former contents, it shall be tightly closed and dealt with on the strength of the harm that it may cause. (i) No dangerous substance constituting the harm may adhere to the outside of a packing container. Article 276.77 Label A proper label shall be affixed to the package of dangerous goods and it shall comply with the Technical Instructions unless it is otherwise prescribed by the Technical Instructions. Article 276.79 Marks (a) A special transport name of the goods shall be marked on each package of dangerous goods unless it is otherwise prescribed by the Technical Instructions. In case it has the specified UN number, this UN number and any other corresponding mark prescribed by the Technical Instructions shall be indicated. (b) Unless it is otherwise prescribed by the Technical Instructions, each packing container made pursuant to the specifications of the Technical Instructions shall be marked pursuant to the related prescriptions of the Technical Instructions; no packing container falling short of the package specifications of the Technical Instructions may be marked with the specifications of packing container. Article 276.81 Language for the Marks For an international transport, the marks of the package shall be completed in English in addition to any other language required by the State of departure. CHAPTER F DUTIES OF THE SHIPPER Article 276.91 Requirements of Personnel Qualification The shipper shall ensure that all persons handling consignment formalities and signing on a dangerous goods transport document have already received training relating to dangerous goods pursuant to the present Provisions and the Technical Instructions. Article 276.93 Requirements for Consignment (a) Before submitting any package or overpack containing dangerous goods for carriage by air, the shipper shall, pursuant to the present Provisions and the Technical Instructions, ensure that the dangerous goods are not prohibited from carriage by air, and are correctly classified, packed, marked, and tagged, and the correctly filled dangerous goods transport document shall be submitted. No dangerous substance may be consigned in name of non-dangerous goods. (b) For dangerous goods which are restricted to be carried by the laws and regulations of State of consignment, the effective certificates shall be offered to the corresponding department in-charge. Article 276.95 Dangerous Goods Transport Documents (a) Unless it is otherwise prescribed by the Technical Instructions, any person who submits dangerous goods for air transport shall offer the operator a correctly filled and signed dangerous goods transport document, and the document shall contain the contents required by the Technical Instructions. (b) A transport document shall contain a declaration signed by the shipper of dangerous goods, and fully and accurately list the specific names of the consigned dangerous goods, and state that the dangerous goods are correctly classified, packed, marked and labeled, and are in a proper condition for carriage by air according to the Technical Instructions. Article 276.97 Language Used For an international transport, a dangerous goods transport document shall be completed in English in addition to any other language required by the State of departure. CHAPTER G DUTIES OF THE OPERATOR Article 276.107 Acceptance of Goods (a) The operator shall formulate inspection measures to prevent from hiding dangerous goods among common goods. (b) When the operator accepts dangerous goods for air transport, the following requirements shall be met: (1) a complete dangerous goods transport document shall be affixed unless it is otherwise prescribed by the Technical Instructions; (2) the inspection shall be carried upon a package, overpack or special freight container for dangerous goods pursuant to the acceptance procedures in the Technical Instructions; and (3) the signature of shipper on a dangerous goods transport document shall be affirmed, and the signer shall be trained to be qualified on the strength of the present Provisions. Article 276.109 Acceptance Check List An operator shall formulate and use an acceptance checklist to help obey the prescriptions of Article 276.107. Article 276.111 Loading A package and overpack containing dangerous goods and a special freight container containing radioactive substances shall be loaded according to the Technical Instructions. Article 276.113 Inspection of Damage or Leakage (a) Before a package and overpack containing dangerous goods and a special freight container containing radioactive substances are loaded onto an aircraft or into a unit load device, an inspection shall be carried out to find whether or not any sign of leakage and damage exists. No package or overpack or special freight container with leakage or damage may be loaded onto an aircraft. (b) No unit load device may be loaded onto an aircraft before it is inspected and affirmed that the contained dangerous goods are without any sign of leakage or damage. (c) In case the damage or leakage occurs upon any package for dangerous goods loaded onto an aircraft, the operator shall unload this package from the aircraft, or arrange the authorities or institution concerned to unload it. Then it shall be ensured that the rest portion of the said consigned goods is in good conditions and suitable for air transport, and other packages have not been polluted. (d) When a package and overpack containing dangerous goods and a special freight container containing radioactive substances are unloaded from an aircraft or a unit load device, the inspection shall be conducted to find whether there is any sign of damage or leakage. In case there is a sign of damage or leakage, the parts of an aircraft or unit load device for dangerous goods shall be inspected to find whether or not they are damaged or polluted. Article 276.115 Loading Limits on Passenger Cabin or Cockpit No dangerous substance may be loaded into the cockpit or aircraft cabin with passengers other than the circumstances allowed by the Technical Instructions. Article 276.117 Removal of Contamination (a) Any harmful contamination found as a result of leakage or damage of dangerous goods in an aircraft shall be removed without delay. (b) The aircraft shall be ceased to use if it is contaminated by radioactive materials, and shall not be reused unless the radiation level at any accessible surface and the non-fixed contamination are in accordance with the values as specified in the Technical Instructions. Article 276.119 Separation and Segregation (a) The packages containing incompatible dangerous goods in nature shall not be contiguously placed or be laid a place where they will react mutually when leakage occurs. (b) The packages containing poisonous and infectious substances shall be loaded onto an aircraft pursuant to the Technical Instructions. (c) When a package containing radioactive materials is loaded onto an aircraft, it shall be separated from persons, living animals and undeveloped roll films pursuant to the Technical Instructions. Article 276.121 Fixation of Loading of Dangerous Goods When the dangerous goods complying with the present Provisions are loaded onto an aircraft, the operator shall protect them from damages, and fasten them in an aircraft lest any movement during flying change the designated direction of the package. A package containing radioactive materials shall be completely fastened to ensure that it is in accordance with the distance requirements as specified in Paragraph (3) of Article 276.119 at any time. Article 276.123 Loading Dangerous Goods only for Cargo Aircraft Unless it is otherwise prescribed by the Technical Instructions, the loading of any package of dangerous goods tagged with "only for cargo aircraft" shall be seen and handled by an aircrew member or any other authorized person, and any package shall be separated from other goods if its volume and weight allows. Article 276.125 Storage The operator shall ensure that the storage of consigned dangerous goods meets the following requirements: (a) requirements relating to the storage of dangerous goods as specified in laws and regulations of the State; and (b) requirements relating to storage, separation and segregation of dangerous goods as specified in the Technical Instructions. Article 276.127 Keeping of Documents The operator shall preserve the documents relating to air transport of dangerous goods for more than 12 months after the flight carrying dangerous goods ends. The said documents shall at least include an acceptance checklist, a dangerous goods transport document, an air waybill, and a notice to the captain of the aircraft. CHAPTER H PROVISION OF INFORMATION Article 276.133 Provision of Information to the Captain of the Aircraft The operator of the aircraft in which dangerous goods are to be carried shall, before the flight begins, provide written information to the captain of the aircraft as specified in the Technical Instructions. Article 276.135 Provision of Information and Direction to Aircrew Members The operator shall provide information in the operational manual so that the aircrew members can carry out their responsibilities in regard to the carriage of dangerous goods, and provide guides for actions to be taken in the event of emergencies involving dangerous goods. Article 276.137 Provision of Information to Passengers The operator and the airport authorities shall provide enough information to passengers and inform them of the types of dangerous goods which are prohibited from carrying onto an aircraft as specified in the Technical Instructions. Article 276.139 Provision of Information to Shippers Where the cargo is to be accepted, the operator and the airport authorities shall provide enough information to the shippers and inform them of the requirements and liabilities involving air transport of dangerous goods. Article 276.141 Provision of Information to Others The operator, the shipper or the airport authorities involving air transport of dangerous goods shall provide information to their own staff members for them to perform duties relating to air transport of dangerous goods, and provide guides to be adopted in the event of emergencies involving dangerous goods. Article 276.143 Provision of Information to the Airport Authorities by the Captain of the Aircraft In case any emergency arises during the flight, where the situation permits, the captain of the aircraft shall, where possible, inform an air traffic regulatory department of the carriage of dangerous goods so that the information can be sent to the airport authorities. Article 276.145 Information of Accidents or Accident Symptoms of the Aircraft (a) When an accident happens on an aircraft carrying dangerous goods, the operator shall quickly offer the information about dangerous goods on an aircraft to an emergency services agency who deals with dangerous goods, and the said information shall be identical with the written materials sent to the captain of an aircraft. (b) When an accident symptom happens on an aircraft carrying dangerous goods, where necessary, the operator shall quickly offer the information about dangerous goods on an aircraft to an emergency services agency who deals with dangerous goods, and the said information shall be identical with the written materials sent to the captain of an aircraft. Article 276.147 Information of Accidents or Incidents of Dangerous Goods (a) The operator shall report any accident or incident of dangerous goods to the Administration and the State where the accident or incident occurs. (b) The initial report may be conducted by all means, while a written report shall be quickly worked out under any circumstance. (c) A written report shall contain such following information as is appropriate to the occurrence: (1) date when the accident or incident occurs; (2) location where the accident or incident occurs, flight number and flight date; (3) description relating to the goods and the numbers of the air waybill, pouch, baggage tag and ticket; (4) known special shipping name (including the technical name) and UN number; (5) class or division and any subsidiary risk; (6) type of packaging and the packaging specification marking; (7) quantity concerned; (8) names and addresses of the shippers or passengers; (9) other details regarding the accident or incident; (10) suspected causes of the accident or incident; (11) actions taken; (12) any other report prior to a written report; and (13) name, title, address and contact phone number of the reporter. (d) The duplicates and photos of relevant documents shall be affixed to the written report. CHAPTER I TRAINING Article 276.155 General Requirements (a) No matter whether an operator holds a permission document of air transport of dangerous goods issued pursuant to the present Provisions, it shall be ensured that the relevant types of staff of Article 276.159 shall be trained to be qualified. The operator shall: (1) formulate a training program in accordance with the Technical Instructions, and carry out the training on the strength of the training program; this training program shall: (i) for a domestic operator, be in accordance with Article 276.157 of the present Provisions and receive the initial and final approval of the Administration; and (ii) for an foreign operator, be approved by the Administration; (2) provide such materials as textbooks and test questions necessary for the training pursuant to the requirements of the training program, and make them remain currently effective; and (3) offer enough proper teachers to carry out the required training. (b) The shipper of dangerous goods, including the packing staff and any agent thereof, shall ensure that personnel thereof have been trained to be qualified pursuant to the Technical Instructions. (c) The following institutions shall ensure that their staff have been trained to be qualified pursuant to the training program as approved by the Administration: (1) any agency who accepts, handles, loads, unloads, or conveys goods on behalf of an operator; (2) any agency, which is situated at the airport, engaged in the passenger businesses on behalf of an operator; (3) any agency, which is not situated at the airport, engaged in the businesses of boarding formalities of passengers on behalf of an operator; (4) any institution, other than an operator, taking part in the handling of goods; (5) any institution of the airport authorities engaged in safety inspection upon goods, mails, passengers and luggage thereof. (d) Recurrent training shall be finished within 24 calendar months to ensure that the knowledge is updated. Any person who has received recurrent training in the former or following calendar month of that calendar month when the training is required to accomplish shall be regarded that he has finished the recurrent training in that calendar month when the training is required to accomplish. (e) Each instructor or person-in-charge responsible for each part of training shall work out a certificate of quality for the trainees' level of knowledge after the training. The said certificate of quality shall become a part of the training record of this person. Article 276.157 Requirements for Working out a Training Program (a) A training program shall be worked out on the strength of the duties of each type of staff, and shall be in accordance with the Technical Instructions. (b) Each type of training programs shall include such two kinds of training as an initial training and a periodically recurrent training, among which the courses and examination requirements shall be contained. The contents to be trained, the planned hours and the requirements relating to examination shall be specified in the setting of each course. (c) Each kind of training program shall include the following contents: (1) the threshold conditions of the trainees and the quality requirements to be obtained after the training; (2) the listing of the training institution, facilities and equipments to be used; (3) the qualifications of the instructors to be employed; (4) the requirements for using the brochure of dangerous goods of the operator, if it is applicable; and (5) the requirements of the relevant state laws and regulations. Article 276.159 Training Requirements of the Operator and His Agents (a) Except for the prescriptions of Paragraph (b) of this Article, an operator shall not assign any of the following persons to engage in relevant work and these persons shall not take the relevant work assigned by the operator unless they have been trained to be qualified pursuant to a training program approved by the Administration: (1) persons of the operator and the agents thereof, who engage in the acceptance of dangerous goods; (2) persons of the operator and the agents thereof, who engage in the ground handling, storage and loading of goods and luggage; (3) persons engaged in passenger businesses and persons responsible for the safety check on goods, mails, passengers and luggage thereof; (4) aircrew members for flight and distributors; (5) other aircrew members than members for flight; (6) persons, other than persons specified in Item (1), of the operator and the agents thereof, who engage in acceptance of goods. (b) A foreign operator shall ensure that the said persons who engage in air transport within the territory of the People's Republic of China have been trained to be qualified according to the following requirements: (1) the training program approved by the State where an operator lives; or (2) the training program approved by the Administration. (c) The persons who have been trained to be qualified according to the training program approved by the Administration may act for different operators for the work of the persons of corresponding type, while the operator shall ensure that the following conditions shall be met: (1) their training level is sufficient for the designated work under corresponding scope of duties; and (2) they shall abide by the requirements of the brochure of dangerous goods. Article 276.161 Training program and Approval of Its Revision (a) When the operator or corresponding organ applies for initial and final approval of his training program and the revision thereof, he shall submit to the Administration with the training program made or revised according to Article 276.157 of the present Provisions and other related materials as required by the Administration. (b) For a training program or its revision which complies with the requirements of this Chapter, the Administration shall grant its initial approval in written form, and the operator or corresponding organ can immediately conduct the training according to the said program. During the training, the Administration shall evaluate the training effects of the said training program, and point out its drawbacks which should be corrected. (c) Where the operator or corresponding organ conducts the training according to the training program initially approved, and which makes each trainee obtain complete training and achieves the designated task, the Administration can grant its final approval to the said training program or the revision thereof. (d) Where the Administration thinks that certain amendments should be made to the training program so that the already approved final training program continues to produce good training effects, the operator or corresponding organ shall make corresponding amendments to the program after accepting the said notice of the Administration. The operator or corresponding organ may put forward a request for reconsideration to the Administration within 30 days after accepting the said notice. During the period when the request for reconsideration has not been decided yet, the effectiveness of this notice shall be suspended. Article 276.163 Training Record The training record of any person who is required to be trained by the present Provisions shall be kept for three years, and be offered for the Administration to consult at any time. CHAPTER J SECURITY REQUIREMENTS Article 276.175 Security Any operator, shipper and other person involving air transport of dangerous goods shall abide by security rules relating to dangerous goods as prescribed by the State, and adopt proper measures to prevent dangerous goods from being robbed or misused and accordingly to protect people or property from detriments. CHAPTER N LEGAL LIABILITIES Article 276.301 Functionaries of the Administration Where any of the functionaries of the Administration violates the prescriptions relating to handling licenses of the Administrative License Law and issues a license for air transport of dangerous goods to an applicant in unconformity with prescribed conditions, or refuses to issue a license for air transport of dangerous goods to an applicant in accordance with prescribed conditions, it shall be ordered to get right by the superior administrative organ or the supervisory organ, and the direct liable persons-in-charge and other direct liable persons shall be given administrative sanctions. For any of the functionaries who asks for or accepts the property of others' or seeks for other interests when handling a license for air transport of dangerous goods and exercising supervision and inspection, if such act constitutes a crime, he shall be subject to criminal responsibilities; if the violation doesn't constitute a crime, he shall be given an administrative sanction by the superior administrative organ or the supervisory organ. Article 276.303 Shipper (a) Where a shipper violates the present Provisions and delivers dangerous goods under any of the following circumstances, he shall be ordered to get right by the Administration, and be warned or fined 1,000 yuan up to 10,000 yuan: (1) failure to properly pack the dangerous goods according to the prescriptions; (2) failure to make corresponding classifications, marks or tags, or make wrong classifications, marks or tags; or (3) failure to fill in or truly fill in or failure to correctly fill in a dangerous goods transport document . (b) Where the dangerous goods are carried secretly among the shipped common goods or are reported in concealment or falsely to be common goods, it shall be ordered to get right by the Administration, and be warned or fined 1,000 yuan up to 30,000 yuan. (c) Where a shipper acts as the said Paragraph (b), and if the violation constitutes a crime, he shall be subject to criminal responsibilities according to the related prescriptions of Criminal Law. Article 276.305 Operator (a) Where any operator violates the present Provisions and engages in air transport of dangerous goods without the permission of air transport of dangerous goods, pursuant to Article 194 of the Civil Aviation Law of the People's Republic of China, his illegal proceeds shall be confiscated, and he shall be fined less than one times the illegal proceeds. (b) Where any operator has any acts as described in Paragraph (a) hereof, which results in a serious accident, his illegal proceeds shall be confiscated and he shall be fined; and the direct liable persons-in-charge and other direct liable persons shall be given criminal responsibilities according to the related prescriptions of Criminal Law. (c) Where an operator violates any of the provisions of the present Provisions and receives dangerous goods under any of the following circumstances, it shall be ordered to get right by the Administration, be warned or fined 1,000 yuan up to 30,000 yuan, and the permission of air transport of dangerous goods shall be suspended one month up to six months; if the circumstances are serious, the permission of air transport of dangerous goods may be revoked: (1) failure to carefully examine the dangerous goods transport document and corresponding certificates in effect, and which results in false acceptance and delivery; (2) failure to accept, store, load or inspect the package, overpack or special freight container for dangerous goods according to the prescriptions; (3) failure to offer relevant information or documents according to the prescriptions; (4) failure to report an accident or incident according to the prescriptions; or (5) failure to reserve relevant documents according to the prescriptions. Article 276.307 Airmail Where dangerous goods are posted via airmails or carried secretly in airmails, or are reported in concealment or falsely to be common goods and posted via airmails, it shall be disposed according to the related prescriptions of the State. Article 276.309 Training (a) Where any operator or shipper or related institution required by Paragraph (c) of Article 276.155 violates the prescriptions and fails to train his employees in respect of dangerous goods or the training is in inconformity with the requirements of the present Provisions, it shall be ordered to correct by the Administration, and be warned or fined 1,000 yuan up to 30,000 yuan. (b) Any person who engages in air transport in violation of the prescriptions of the present Provisions relating to the training shall be warned or fined 1,000 yuan by the Administration. CHAPTER P SUPPLEMENTARY PROVISIONS Article 276.329 Enforcement The present Provisions shall come into force as of September 1, 2004. The Provisions of China on the Administration of Civil Air Transport of Dangerous Goods promulgated by the CAAC on February 27,1996 shall be repealed simultaneously. Appendix: A: Definitions APPENDIX A: DEFINITIONS The following terms shall mean as follows when they are used in the present Provisions: "Dangerous goods" are articles or substances which possess danger to the health, safety, property or environment, specified in the listing of dangerous goods of the Technical Instructions, and classified pursuant to the Technical Instructions. "Technical Instructions" refers to the current Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc9284-AN/905) promulgated by the International Civil Aviation Organization, including the supplements and any appendix thereto approved and published by decision of the Council of the International Civil Aviation Organization. "Operator" refers to any individual, organization or enterprise who engages in or offers the carriage by an aircraft. "The Administration" refers to the CAAC, the local civil aviation administrative bureaus and the representative offices thereof. "Domestic flight" includes the takeoff, landing and flying of an aircraft within the territory of the People's Republic of China. "Cargo aircraft" means any aircraft which is carrying articles or substances other than passenger aircrafts. "Passenger aircraft" means any aircraft which carries any passenger other than an aircrew member, any other on-duty operator's employee, any representative powered by the State authorities or any escort of consigned cargo or other cargo. "Consigned cargo" refers to one or several packages of dangerous goods which an operator receives from one shipper at one place for one time and carries to one destination and delivers to one consignee as one batch. "Captain of an aircraft" refers to a driver who is responsible for commanding and the safety of flight designated by an operator or owner of common flight. "Aircrew member" refers to a person who is on duty designated by an operator when an aircraft is in operation. "Aircrew member for flight" refers to an aircrew member who is responsible for the flight of an aircraft when an aircraft is in operation and who holds a license. "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 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, and which relates to the carriage of dangerous goods and which seriously jeopardizes the aircraft or its occupants. "Exception" refers to the waiver of application of the common requirements to one specific item of dangerous goods in the present Provisions. "Exemption" refers to a permission granted by the CAAC to be immune from the present Provisions. "Incompatibility" describes a feature of dangerous goods that the mixture of them will harmfully release heat or gas or produce corrosives "COMAT" refers to substances which are owned or used by the operator. "Package" means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage. "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. "Unit load device" means any type of freight container, aircraft container, aircraft containing pallet with mesh or aircraft containing pallet with mesh and canopy. "Packing container" refers to a container which can contain goods and any other part or stuff. For radioactive materials, see Section 7.2 of Part 2 of the Technical Instructions. "Serious injury" means an injury which is sustained by a person in an accident and which: (a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; (b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); (c) involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; (d) involves injury to any internal organ; (e) involves second or third degree burns, or burns affecting more than 5 percent of the body surface; or (f) involves verified exposure to infectious substances or injurious radiation. "State of departure" means a State within the territory of which the goods are carried onto an aircraft. "State of the operator" means a State where the operator has his main business place, or permanent place of residence if no such business place exists. "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. "Ground handling agent" means an agent who performs on behalf of the operator the functions of the latter including receiving, handling, loading, unloading, transferring or any other processing involving the goods, passengers or cargo. "Distributor" refers to a person who is appointed by the operator to be responsible for any one or more of following responsibilities relating to dangerous goods: (a) to point out the places where the dangerous goods shall be put on an aircraft; (b) to point out the necessary distance between dangerous goods and other dangerous goods, other goods or passengers on an aircraft; (c) to offer information to the captain of an aircraft; (d) to offer the information as to how to meet an emergency to the captain of an aircraft. |
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