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Dangerous Goods Regulations amendments

Be prepared for the changes – by Elliot Molemi, Professional Aviation Services

There are new and overdue proposals to amend Part 92 Regulation of the Civil Aviation Regulations (Dangerous Goods regulations). In summary the proposals seek to give effect to ICAO’s requirement of competency-based training (CBTA) of which all member states must comply with by December 2022, we will discuss this in our next article in due time.

The other proposals which are the purpose of this article, is to strengthen the existing regulations on the conveyance of dangerous good by air. Some of the most significant amendment proposals are discussed below.

Applicability

The new regulations will see the introduction of measures now applying to other industry players other than operators and shippers. The affected industry players will now be:

      • operators (including foreign operators),
      • courier companies,
      • freight forwarders,
      • consolidators,
      • shippers,
      • mail companies,
      • packers of dangerous goods,
      • ground handlers of both passenger and cargo,
      • Remotely Piloted Aircraft Systems (RPAS),
      • ATOs, airports or aerodromes
      • and companies involved in testing packages to be used for transportation of dangerous goods by air.

Approval/Authorisation

All operators, packing companies and companies involved in testing of packages will now have to be approved by the SACAA to operate their business. The approval is subject to an application which must include the Dangerous Goods procedures manual (as directed by the Technical Instructions) and the Dangerous Goods training programme. It is not yet clear if a list of entities approved will be published, but logic dictates that this will be the case as it is practice with the publication of ATOs, ASTOs, Screener Organisations and Regulated Agents.

Responsible Person

All entities are now required to appoint a Dangerous Goods Responsible Person who will ensure compliance with the regulations, conduct risk assessments, quality control, reporting of accidents and incidents to the SACAA and maintaining the records. The appointed person must have a minimum of DG Cat 6, Risk Management and/or Safety Management qualification and must understand the regulatory and operational requirements.

Operational Requirements

In addition to the appointment of the responsible person, all entities including freight forwarders and courier companies must comply with the following:

      • Draft a Dangerous Goods operations manual and training programme to be approved by the SACAA.
      • Report accidents and incidents to the SACAA.
      • Conduct quality control.
      • Create security plans for High Consequence Dangerous Goods.

IATA Dangerous Goods Regulations (DGR)

Another notable amendment is the regulation that allows the usage of the current version of the IATA DGR as an operational document in place of the ICAO Technical Instructions (TI), this has long been an industry practice but was not in the regulations.

Instructor Certification

All Dangerous Goods instructors will now be certified by the CAA, the certification will be valid for 24 months. The requirements are like those of Part 109. A competent instructor will be certified if they meet the following requirements:

      • Train the trainer qualification
      • Assessor qualification
      • Dangerous Cat 6 certificate
      • A CV indicating experience in Dangerous Goods operations/training
      • Proof of affiliation with an approved ATO

The candidate instructors will undergo a theoretical and practical exam before being approved.

The date of promulgation of the new regulation is not known, I advise the industry to start implementing these new requirements as early as they can.

Cargo Security Bulletin to Regulated Agents, Known Consignors, Airlines and Charter organisations

This bulletin takes the form of short highlights, PLEASE CONTACT us by e-mail if you require any FURTHER INFORMATION or EXPANSION of the information provided.

Where italics are shown this means a direct QUOTE FROM REGULATIONS, TECHNICAL STANDARDS or other CORRESPONDENCE received from the SACAA or other official bodies.

NEW PROFESSIONAL TRAINING CENTRE OPENS

We have OPENED our TRAINING CENTRE at Unit C, Wingfield Park, Geertsma Road in JET PARK

Regular scheduled TRAINING PROGRAMMES covering aviation cargo security familiarisation training take place every Tuesday and Dangerous Goods Awareness (CAT 4) every Wednesday.

The 2015 training schedule is at http://www.professionaltraining.co.za/2015-training-program.php

EUROPEAN UNION CARGO SECURITY REQUIREMENTS EFFECTIVE 1 JULY 2014.

South Africa was placed on the EU “Green List” effective 1st July 2014.

In our view, this change REDUCES the level of cargo SECURITY.

It is our STRONG ADVICE that those Regulated Agents who are REGISTERED under the EU Regulations and hold EU RA3 APPROVAL, continue to APPLY the practices applicable to the EU Regulations for two MAIN REASONS, firstly, INCREASED SECURITY and secondly, if there were an incident, and an EU accredited agent had not COMPLIED with the EU Regulations (having made a DECLARATION to do so) this could be considered a serious BREACH OF LIABILITY INSURANCE requirements.

Certain of our clients have elected to become EU REGISTERED, despite the fact that we are on the Green List, which we ENCOURAGE.

COMPREHENSIVE BACKGROUND CHECK AND CV VERIFICATION SERVICE (INCLUDING CREDIT CHECKS)

This service includes what is required under Part 110 but also provides the FULL RANGE of employee background checks including:

· DRIVERS LICENCE

· PUBLIC DRIVING PERMIT

· MATRIC CERTIFICATE AND OTHER ACADEMIC QUALIFICATIONS

· CRIMINAL RECORD CHECK

· ID VERIFICATION

· CITIZENSHIP AND PERMEANT RESIDENCE VERIFICATION

· PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY (PSIRA)

These services are available to be IMPLEMENTED at YOUR PREMISES, please contact us for full details

PART 109 AND 110

We report, once again, with DEEP REGRET, and fear of the security breach that this presents, that the SACAA have still NOT YET COMPLETED the amendments to PART 108, 109 AND 110. This has been raised at the Civil Aviation Regulations Committee (CARCom), on which committee we are represented through the Commercial Aviation Association of Southern Africa (CAASA), but despite pressure having been brought at CARCOM, by our representative, we still sit in LIMBO as far as these regulations are concerned.

There is a STRONG INDICATION that the Regulations may be READY for presentation at the 26TH JANUARY 2015 CARCom meeting.

We have mentioned on numerous occasions, in our bulletins and elsewhere, that the REQUIREMENTS UNDER PART 108 for cargo screeners are COMPLETELY INADEQUATE.

We cannot be more adamant when we say it is VITAL that although the requirements for certification of cargo screeners, and training, under Part 110, are NOT CURRENTLY APPLICABLE you NEVERTHELESS APPLY these requirements STRICTLY.

FREE CHECK OF YOUR SECURITY MANUALS

We repeat point 4 of Bulletin 33.

If your SECURITY MANUAL was not prepared by ourselves or under our supervision, we would be more than happy to provide you with a FREE CHECK and WRITTEN REPORT on your security manual. The fact that your manual may have been approved by the SACAA does not absolve you from ensuring that the manual is accurate, all inclusive and practical. Here again there may be INSURANCE LIABILITY implications if your MANUAL is INCOMPLETE.

FACILITATED eLEARNING TRAINING

Here again, we must state with GREAT DISAPPOINTMENT that there has been NO DISCERNIBLE PROGRESS by the SACAA to bring the eLearning system into operation. The changes to incorporate the eLearning requirements are to be contained in the Part 109 amendments (see 4 above).

SACAA SERVICE

We would like to COMPLIMENT the DIRECTOR FOR CIVIL AVIATION, MS POPPY KHOZA, for her INITIATIVE in initiating a survey of SACAA SERVICE PERFORMANCE. This survey was conducted by a team from the UNIVERSITY OF PRETORIA and consisted not only of a questionnaire, which was e-mailed to various bodies, but also meetings with industry in Gauteng and Cape Town. WE ATTENDED the GAUTENG MEETING, together with REPRESENTATIVES of a number of AVIATION ORGANISATIONS, and were assured that comments, suggestions and criticism would be CONFIDENTIAL and would be CONTAINED IN A REPORT which will be released to participants. The meeting we attended lasted some hours and there was an open detailed and SIGNIFICANT DISCUSSION, particularly focused on those WEAKNESSES that had been experienced with regard to service from the SACAA.

We will keep you advised and will distribute the report with the authority of the SACAA.

LITHIUM-ION BATTERIES

We repeat what was contained in Bulletin 33.

There have been NUMEROUS INCIDENTS of SPONTANEOUS COMBUSTION of lithium-ion batteries around the world and there are strong rumours that perhaps large quantities of lithium-ion batteries were TRANSPORTED ON MH370. Please find attached two articles that appeared in FTW written by SEAN REYNOLDS who is OUR AUTHORITY on LITHIUM-ION BATTERIES. We are running a number of half day LITHIUM-ION BATTERY COURSES over the next couple of months. Please contact us for further information.

Lithium Batteries
lithium battery article

We are very pleased to say that these COURSES are now available ONLINE which means that your personnel can complete this course while continuing with their operational duties.

AVAILABILITY OF THE CARGO SCREENING TEAM INCLUDING EMERGENCY CANINE SCREENING

We are AVAILABLE 24/7 through our control room telephone number 0860 PART 108 or 011 701-3320, further alternatively, through our General Manager Compliance, David Alexander at david@prisk.co.za or cell 082 308 0169.

We are AVAILABLE 24/7 throughout the HOLIDAY PERIOD.

THANKS AND GREETINGS

WE TAKE THIS OPPORTUNITY OF THANKING OUR CLIENTS FOR THEIR SUPPORT AND TO WISH ALL OF YOU GOD’S BLESSINGS FOR THE FESTIVE SEASON AND THE NEW YEAR.

Kind Regards from the team at Professional.

SECURITY WITHOUT COMPROMISE WILL SAVE LIVES.