| (1) |
A dangerous goods inspector— |
| (a) |
may request any person to produce or furnish him or her with documents and information relating to dangerous goods or baggage in so far as is necessary for the proper execution of his or her functions; and |
| (b) |
may, in order to ensure that the provisions of the Act, this Part, and the provisions of Document SA-CATS 92 are complied with, enter and inspect any— |
| (ii) |
premises where goods intended for conveyance by air are produced, manufactured, packed, held, or received; |
| (iii) |
premises where goods or baggage are received after being conveyed by air; |
| (iv) |
aircraft, vehicle, freight container, or unit load device used for the conveyance of dangerous goods. |
| (2) |
A dangerous goods inspector shall conduct an inspection if, on reasonable grounds and in the interest of aviation safety, suspects that a baggage consignment, freight container, or unit load device contains goods which are not allowed to be conveyed by air or are a danger or potential danger to persons, aircraft or any other property. |
| (3) |
A dangerous goods inspector, after making a determination in terms of subregulation (2), may order that such goods be detained and not be loaded in an aircraft. |
| (4) |
A dangerous goods inspector may, in order to ascertain if dangerous goods have been or are to be conveyed by air— |
| (i) |
baggage, a consignment, a freight container or a unit load device presented or accepted for conveyance by air; |
| (ii) |
baggage, a consignment, a freight container or a unit load device received after being conveyed by air; and |
| (iii) |
a person disembarking or boarding an aircraft and baggage or personal possessions of such person; |
| (b) |
satisfy himself or herself of the mass, quantity or composition of— |
| (i) |
goods or baggage offered or presented for conveyance in a |
consignment;
| (ii) |
a passenger’s baggage; |
| (iii) |
a freight container or a unit load device; and |
| (iv) |
stores conveyed by an aircraft owner, or his or her agent. |
| (c) |
satisfy himself or herself that goods or baggage on board an aircraft, comply with the requirements as prescribed in Document SA-CATS 92; |
| (d) |
satisfy himself or herself that the requirements as prescribed in Document SA-CATS 92 are complied with regarding the separation of classes of dangerous goods in a storage area, a unit load device, a vehicle, and aircraft; |
| (e) |
require goods to be removed from an aircraft if the requirements and standards referred to in paragraphs (b) and (c) are not complied with; |
| (f) |
request a person to produce or cause to be produced, for inspection, any document relating to a consignment intended for conveyance by air or which has been conveyed by air, or any other document as prescribed in Document SA-CATS 92; |
| (g) |
question a person handling dangerous goods in order to ascertain whether that person complies with the provisions of the Act, this Part, and the requirements as prescribed in Document SA-CATS 92 relating to the handling of such dangerous goods; and |
| (h) |
condemn dangerous goods for destruction, if in his or her opinion, such goods— |
| (i) |
are not in a good condition; or |
| (ii) |
are dangerous for storage or use; and |
| (i) |
request an air service operator, a holder of an aerodrome licence, or other entity involved to cease the transportation of dangerous goods by air, where it is deemed that safety is compromised. |
| (5) |
Where a physical search of a person as referred to in subregulation (3) is conducted, such search shall be conducted by a person of the same gender and in strict regard to decency and order. |
| (6) |
If a dangerous goods inspector orders that goods be destroyed in terms of subregulation (3), an owner of such goods shall have no claim against an inspector, the Authority, or the State for loss or damages connected with such destruction. |
[Regulation 92.01.10 substituted by regulation 12 of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
Administration of Estates Act, 1965
