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The Civil Aviation Authority of the Philippines issued its new policy on sanctions for violations in the handling of dangerous goods by air
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Memorandum Circular No. 061-2026 amends Philippine Civil Aviation Regulations Part 1 to finally include sanctions specifically addressing violations related to the safe transportation of dangerous goods by air
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It specifies recommended penalty ranges and associated enforcement measures for Air Operator Certificate holders, shippers and freight forwarders, and ground handling agents
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The added sanctions aim to enhance aviation safety, promote full compliance with established dangerous goods regulations, and reduce the risk of incidents or accidents arising from improper transport of hazardous material
The Civil Aviation Authority of the Philippines (CAAP) has issued its new policy on sanctions for violations in the handling of dangerous goods by air.
Memorandum Circular (MC) No. 061-2026, signed July 27, amends Philippine Civil Aviation Regulations (PCAR) Part 1 to finally include sanctions specifically addressing violations related to the safe transportation of dangerous goods by air as mandated under Sections 81 and 82 of Republic Act (RA) No. 9497, or the Civil Aviation Authority Act of 2008.
Under the law, the CAAP director general, after due notice and hearing, is authorized to impose fines and penalties for each violation of RA No. 9497.
The policy also aims to ensure “the absolute safety and security of civil aviation” and enforce “the safe transport of dangerous goods by air without stifling legitimate operations,” CAAP Flight Operations Department section head and dangerous goods inspector Nicholas Van Apao said during a public hearing on the then proposed policy last March.
READ: CAAP proposes penalties for violations in dangerous goods handling
For the past years, no penalties have been included in the PCAR, Apao noted.
The new Table 3 under PCAR Part 1 on “Sanctions Related to Safe Transportation of Dangerous Goods by Air” specifies recommended penalty ranges and associated enforcement measures for Air Operator Certificate (AOC) holders, shippers and freight forwarders, and ground handling agents.
For each violation, the table distinguishes between first, second, and third offenses and links the monetary penalties to progressive corrective actions, including written warnings, special inspections, preventive suspension of dangerous goods approvals, comprehensive safety audits, and, where warranted, revocation of specific DG approvals or authorizations.
MC No. 061-2026 also stated that the “revision strengthens regulatory enforcement by ensuring that any breach involving the handling, packaging, documentation, acceptance, or transport of dangerous goods is met with appropriate penalties.”
“The added sanctions aim to enhance aviation safety, promote full compliance with established dangerous goods regulations, and reduce the risk of incidents or accidents arising from improper transport of hazardous materials,” the new MC added.
ICAO assessment
The imposition of penalties is also part of preparations for the upcoming International Civil Aviation Organization (ICAO) Universal Safety Oversight Audit Programme (USOAP) assessment later this year.
The USOAP aims to ensure member states’ implementation of ICAO’s safety-related Standards and Recommended Practices and associated procedures and guidance material.
Under MC No. 061-2026, for civil penalties, any person, whether or not conducting an operation in commercial air transport or international commercial air transport, who violates any provision of RA No. 9497, PCAR, or any order issued there under, is subject to a civil penalty imposed by CAAP in accordance with Section 81 (Penalties) of RA No. 9497.
RA No. 9497 also established criminal penalties for any person who knowingly and willfully violates specified provisions of the law, or any regulation or order issued thereunder.
The Sanctions Guidance Table describes civil penalties as minimum, moderate, or maximum for a single violation of a particular regulation, in accordance with RA No. 9497.
Penalties will depend on the first, second, and third violation, with the third violation often including revocation of dangerous goods approval/handling privileges.
For an AOC certificate holder, violations include the following:
- Transport of undeclared dangerous goods
- Transport of misdeclared dangerous goods
- Non-reporting of undeclared or misdeclared goods
- Transport of forbidden dangerous goods
- Obstruction of CAAP investigation
- Non-compliance with mandatory reporting timeline for dangerous goods incident/accident
- Unauthorized dangerous goods transport without CAAP approval
- Acceptance of dangerous goods transport without proper transport documents
For shippers and freight forwarders, the offenses include the following:
- Transport of undeclared dangerous goods
- Transport of misdeclared dangerous goods
- Non-reporting of undeclared or misdeclared goods
- Transport of forbidden dangerous goods
- Obstruction of CAAP investigation
- Submission of falsified dangerous goods documentation
- Submission of incomplete/incorrect dangerous goods documentation
The following are offenses for ground-handlers:
- Obstruction of CAAP investigation
- Use of outdated/unauthorized dangerous goods acceptance forms
Apao earlier noted that the intent of the policy is not to impose punitive measures but to strengthen the state’s ability to detect and prevent the intentional introduction of undeclared/misdeclared dangerous goods into the air transport system.
“Through a trust-based regulatory approach, CAAP seeks to work collaboratively with the aviation industry to ensure that dangerous goods are transported safely while maintaining strict accountability for deliberate violations that threaten aviation safety,” Apao noted.
READ: Philippine air cargo sector set to chart a smarter, safer course
Aside from the penalties, CAAP earlier this year also issued MC No. 007-2026, which introduces a comprehensive restructuring of the PCAR governing regulations in the transportation of dangerous goods by air.
Dangerous goods provisions previously dispersed across PCAR Parts 1, 8, and 9 have been consolidated under Part 18 to provide a more accessible and coherent structure.—Roumina Pablo
