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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 21, 2017 No. 371

About approval of Rules of transportation of dangerous goods by air on civil air vehicles

(as amended on 17-06-2019)

According to Item 5 of article 76 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" PRIKAZYVAYU:

1. Approve the enclosed Rules of transportation of dangerous goods by air on civil air vehicles.

2. Declare invalid:

1) the order of the Minister of Transport and Communications of the Republic of Kazakhstan of February 24, 2011 No. 89 "About approval of the Instruction for transportation of dangerous goods on civil air vehicles" (No. registered in the Register of state registration of regulatory legal acts 6822, No. 152 published on May 11, 2011 in the Kazakhstanskaya Pravda newspaper (26573));

2) the order of the acting minister on investments and development of the Republic of Kazakhstan of July 24, 2015 No. 801 "About introduction of amendments to the order of the Minister of Transport and Communications of the Republic of Kazakhstan of February 24, 2011 No. 89 "About approval of the Instruction for transportation of dangerous goods on civil air vehicles" (No. registered in the Register of state registration of regulatory legal acts 11967, published on September 11, 2015 in information system of law of Ad_let).

3. To provide to committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printed publicity materials;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

4. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of June 21, 2017 No. 371

Rules of transportation of dangerous goods by air on civil air vehicles

Chapter 1. General provisions

1. These rules on transportation of dangerous goods on civil air vehicles (further - Rules) are developed according to Item 5 of article 76 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further - the Law), and determine procedure for transportation of dangerous goods on civil air vehicles.

2. Rules are aimed at safety control in case of which dangerous goods can be transported, without subjecting the air vehicle and the passengers who are in it and crew danger in case of observance of requirements and provisions of Appendix 18 to the Convention on the international civil aviation ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992 "About ratification of the convention on international civil aviation" (further - Appendix 18 to the Convention), "Technical instructions on safe transportation of dangerous goods by air" to Doc. 9284-AN/905 of International Civil Aviation Organization (further - Technical instructions) and these rules.

3. In case of accomplishment of international carriages of dangerous goods these rules are applied in the part which is not contradicting the international treaties ratified by the Republic of Kazakhstan and also the legislation of the country in the territory from the territory or through the territory of which such transportations are performed.

4. In these rules the following concepts and terms are used:

1) the aircraft commander (further - KVS) - the pilot appointed the operator or, in case of general aviation, the owner of the air vehicle to carry out obligations of the commander and to be responsible for safe flight execution;

2) approval - the permission provided by authorized organization in the field of civil aviation for:

transportations of the dangerous goods prohibited to transportation on passenger and/or cargo aircrafts when in Technical instructions it is specified that such loads can be transported in the presence of approval;

other purposes stipulated in Technical instructions;

3) release - permission, except approval, the release from action of provisions of Technical instructions provided by authorized organization in the field of civil aviation, providing;

4) packaging set - reservoirs and any other components or materials which are necessary for ensuring function of reservoir on deduction of content;

5) number according to the list of the UN - the four-digit number assigned by Committee of experts of the United Nations on transportation of dangerous goods and the classification system approved at the global level and markings of chemicals for designation of product or substance or specific group of products or substances;

6) exception - provision of these rules and Appendix 18 to the Convention according to which the requirements which are usually applied to such type do not extend to specific type of dangerous goods;

7) the passenger aircraft - the air vehicle transporting any person who is not the crew member, the operator's employee on duty, the authorized representative of authorized body (authorized organization) in the field of civil aviation or accompanying consignment or other load;

8) the state of departure - the state in the territory of which cargo sending is originally loaded aboard the air vehicle;

9) the cargo aircraft - any air vehicle, except the passenger aircraft which transports load or property;

10) cargo sending - one or several places with dangerous goods accepted by the operator from one consignor in at one time and in one address, included in one batch and transported to one consignee in one destination;

11) cargo piece - the end product of transactions on packing of load consisting of the packaging set and its content prepared for transportation;

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