The Civil Aviation (Safe Transport of Dangerous Goods By Air) Regulations, 2025
2. Interpretation
2. Interpretation
In these Regulations, unless the context otherwise requires—“Act” means the Environmental Management and Co-ordination Act (Cap. 387);“approval” means an authorization granted by the Authority;“Authority” means the Kenya Civil Aviation Authority established under the Act;“cargo aircraft” means any aircraft, other than a passenger aircraft, which is carrying goods or property;“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address;“crew member” means a person assigned by an operator to duty on an aircraft during a flight duty period;“dangerous goods” means articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions;“dangerous goods accident” means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage;“dangerous goods incident” means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained, any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft, or its occupants is also deemed to constitute a dangerous goods incident;“designated postal operator” means the governmental or non-governmental entities officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfil the related obligations arising from the acts of the UPU Convention on its territory;“exception” means a provision in these regulations which excludes a specific item of dangerous goods from the requirements normally applicable to that item;“exemption” means an authorization, other than an approval, granted by the authority providing relief from the provisions of these regulations and the technical instructions;“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;“operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;“overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage excluding Unit Load Device (ULD);“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;“Packaging” means receptacles and any other components or materials necessary for the receptacle to perform its containment function;“passenger aircraft” means an aircraft that carries any person other than a crew member, an operator’s employee in an official capacity, an authorized representative of an appropriate national authority or a person accompanying a consignment or other cargo;“pilot-in-command” means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;“safety management system (SMS)” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;“serious injury” means an injury which is sustained by a person in an accident and which—(a)requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received;(b)results in a fracture of any bone, except simple fractures of fingers, toes or nose;(c)involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;(d)involves injury to any internal organ;(e)involves second-or third-degree burns, or any burns affecting more than 5 per cent of the body surface;(f)involves verified exposure to infectious substances or injurious radiation;“State of Destination” means the State in the territory of which the consignment is finally to be unloaded from an aircraft;“State of Origin” means the State in the territory of which the consignment is first to be loaded on an aircraft;“State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;“Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance with the procedure established by the ICAO Council;“UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals to identify an article or substance or a particular group of articles or substances;“Unit load device” (ULD) means any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo but excludes an overpack.Source: Kenya Law