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Administrative relief from Technical Instructions compliance

Air Navigation (92 — Carriage of Dangerous Goods) Regulations 2022

Match the official source exactly.

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) For the purposes of —(a)regulation 17(1) and (3);(b)regulation 18(1)(a), (b) and (c);(c)regulation 19(2)(e);(d)regulation 22(1)(b); and(e)regulation 23(1)(a),the Director‑General of Civil Aviation may grant any particular person (including any operator or shipper) in any particular case relief from complying with any Technical Instruction referred to in any of those provisions (called in this regulation the relevant provision), either absolutely or subject to any conditions that the Director‑General of Civil Aviation thinks fit, if —(f)the Director‑General of Civil Aviation is satisfied that —(i)the relief from compliance with the relevant provision is a matter of extreme urgency;(ii)other forms of transport are inappropriate; or(iii)full compliance with the relevant provision of the Technical Instructions is contrary to public interest; and(g)the person makes every effort to achieve an overall level of safety in transport which is at least equivalent to the level of safety required or provided for in the Technical Instructions.(2) An application for relief under paragraph (1) from complying with Technical Instructions (called in this regulation a relief) must —(a)be made to the Director‑General of Civil Aviation in the form and manner the Director‑General of Civil Aviation requires; and(b)be accompanied by any documents and information that the Director‑General of Civil Aviation may require to decide on the application.(3) Any relief granted is valid only for the period (not exceeding one year) that the Director‑General of Civil Aviation may determine.(4) A person that is granted any relief must —(a)provide a copy of the documents evidencing the relief granted to the operator of any aircraft on which the dangerous goods are to be loaded or transported;(b)provide copies of the documents mentioned in sub‑paragraph (a) upon request by any of the States concerned; and(c)attach the documents mentioned in sub‑paragraph (a) to the dangerous goods transport document accompanying the dangerous goods.(5) In paragraph (4)(b), “States concerned” means —(a)the State of the operator;(b)the State of Origin;(c)the State of Overflight;(d)the State of Transit; and(e)the State of Destination.

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