Proposed changes to the dangerous goods rules – amendment to CASR Part 92 - (PP 1902OS)

Overview

CASA is seeking feedback on changes to Civil Aviation Safety Regulations (CASR) Part 92 – Consignment and carriage of dangerous goods by air. We would like your comments on the detailed policy before it is drafted into regulations.  The changes aim to improve and update the regulations, making them easier to understand and comply with.

This includes:

• changing provisions where interpretation has caused difficulties
• changing provisions which are difficult to implement or enforce
• correcting inconsistencies with other legislation
• changing provisions which are overly complex
• developing new policy in response to the Part 92 Post Implementation Review (PIR)
• aligning the regulations with recent amendments to International Civil Aviation Organization (ICAO) standards and recommended practices.

The changes include:

• a proposed new Subpart on the reporting of dangerous goods accidents, incidents and occurrences – giving certainty and clarity to operators and aligning with ICAO reporting requirements
• the addition of penalty units to allow for Aviation Infringement Notices (AINs) to be issued for certain offences – providing more proportionate penalty options
• an expansion of the dangerous goods training requirements for group F employees, the inclusion of a new group G employee and a provision for Dangerous Goods Instructors Under Supervision to deliver CASA approved training courses
• options for smaller commercial operators to conduct their own case-by-case risk assessments for certain dangerous goods without seeking CASA permission – removing red tape.

Background

CASR Part 92 came into effect on 1 January 2004.  CASA conducted a PIR after the introduction of new legislation which concluded in early 2018.

This amendment aims to address:

• issues identified during the PIR
• issues identified by CASA’s Dangerous Goods Inspectorate and the industry after the PIR concluded
• recent changes made to ICAO Annex 18 and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air.

CASA began consultation on these amendments with a Part 92 Technical Working Group (TWG) in March 2019. The TWG was made up of industry representatives appointed by CASA’s independent industry body, the Aviation Safety Advisory Panel (ASAP).  After reviewing the TWG report, on 20 June 2019 the ASAP supported the public consultation of the proposed policies and amendments.

Why your views matter

As part of the development of aviation rules, CASA conducts public consultations to seek feedback on the appropriateness of the rules and to ensure that the rules will work in practice as they are intended. 

How to complete this consultation

The Policy Proposal document is attached at the bottom of this page under ‘Related’. It divides the proposed changes to CASR Part 92 into six groups, with a background, the problem and the key objectives.

You can comment on as many or as few of the changes as you like. In the event that you do not have enough time to complete your consultation in one go, the consultation will allow you to save your initial input, exit the consultation and return at a later date to complete your submission.

We have provided a downloadable Word copy and PDF of this consultation for ease of distribution and feedback within your organisation. The word document and PDF is not to be used as an emailed submission, unless there are extenuating circumstances and this form of submission has been agreed to by the consultation project lead.

Please note: CASA can no longer offer the option to upload files because of the potential risk of malware.

What happens next 

Once the consultation has closed, we will register and review each submission received through the online response form. We will make all submissions publicly available on the Consultation Hub, unless you request your submission remain confidential. We will also publish a Summary of Consultation which summarises the feedback received.  

Information about how we consult and how to make a confidential submission is available on the CASA website.

To be notified of any future consultations, you can subscribe to our consultation and rulemaking mailing list .

What happens next