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The Civil Aviation Authority of the Philippines is proposing penalties for violations in the handling of dangerous goods by air
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The proposed memorandum circular will amend Philippine Civil Aviation Regulations Part 1 to finally include penalties as mandated under Sections 81 and 82 of Republic Act No. 9497, or the Civil Aviation Authority Act of 2008
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The proposed policy 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”
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For the past years, no penalties have been included in the PCAR
The Civil Aviation Authority of the Philippines (CAAP) is proposing penalties for violations in the handling of dangerous goods by air.
The proposed memorandum circular (MC) will amend Philippine Civil Aviation Regulations (PCAR) Part 1 to finally include penalties 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 proposed 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 proposed policy on March 23.
For the past years, no penalties have been included in the PCAR, Apao noted.
READ: Philippine air cargo sector set to chart a smarter, safer course
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 the proposed MC, 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.
READ: Air cargo experts bat for firmer safety standards implementation in PH
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 MC introduces a Sanction Guidance Table that 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 air operator 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
- Failure to report dangerous goods incident/accident within 72 hours
- Acceptance of dangerous goods shipment 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 noted that the intent of the proposal 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.
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
