China to Update Rules Regulating Transport of Dangerous Goods by Civil Aviation

On June 15, 2020, the Chinese Ministry of Transport (MOT) published the draft revision to the Regulations on Administration of Transport of Dangerous Goods by Civil Aviation ^[1] to solicit public comments. According to the MOT, the Regulations will be renamed “Regulations on Administration of Transport of Dangerous Goods by Public Aviation”.

Given the huge divide between provisions regulating the transport of dangerous goods by general aviation and public aviation, the Regulations is overhauled to focus solely on the public aviation sector. Efforts will be made in the future to lay out requirements for the transport of dangerous goods by general aviation.

In a nod to the State Council reform of “streamlining administration and delegating power, improving regulation and upgrading services”, the draft revision slashes licensing requirements by further reducing materials required in the application for the license of transport of dangerous goods and simplifying the categories of licensing for airlines from Hong Kong, Macao and Taiwan and foreign countries.

The draft revision prompts enterprises to assume the primary responsibility in transport safety of dangerous goods. For example, it fleshes out the requirements with regard to the handling of dangerous goods for shippers and shipper’s agents, ground service agents, airlines as well as relevant training agencies.

New management philosophies and ideas are incorporated in the draft revision. For instance, as the Safety Management System (SMS) is steadily advanced within the aviation industry, airlines and ground service agents will be required to establish and operate the SMS for air transport of dangerous goods.

Enterprises’ emergency response capabilities are another priority. According to the draft revision, shippers and shipper’s agents should put forward correct emergency response measures when dangerous goods are consigned, airlines and ground service agents should include relevant contingency plans and requirements for emergency exercises in the handbooks on transport of dangerous goods, and airport authorities should be responsible for formulating and managing contingency plans for the transport of dangerous goods at airports.