The International Air Cargo Association (TIACA) is pressing governments to support the safe carriage of lithium batteries by implementing guidelines and imposing the “most stringent” punishment for rogue shippers and intermediaries who flout safety regulations in the carriage of this dangerous cargo.

Glyn Hughes, director general at TIACA, told a media briefing on the sidelines of TIACA’s Air Cargo Forum in Miami that law enforcement with regard to the illegal and unsafe transport of lithium batteries is the responsibility of governments.

“Lithium battery usage is going up 30% year-on-year. As the demand for portable consumer products increases, the demand for moving lithium batteries is increasing,” Hughes said.

“The sad fact is that there are very stringent regulations associated with the transport of lithium batteries,” he added, noting that these rules were developed by the International Civil Aviation Organization (ICAO) with close collaboration with the industry with manufacturers.

The TIACA director-general said these rules establish things like the minimum charge or maximum state of charge for the transport of batteries, how they should be packaged, and how lithium batteries can be safely transported.

“Those regulations are fit for purpose,” Hughes added. “So, if somebody was to transport this in strict compliance, we feel they are adequately contained, and vetted and safe.”

Despite these existing regulations to ensure the safe transport of lithium batteries, he noted that there are those circumventing the rules.

“The problem is there’s always two sectors of society: there are those that are ignorant of the rules [and] there is, sadly, this other aspect of society of people who know the rules but do not want to play by the rules.”

Hughes said these types of shippers choose to ignore the rules to avoid having to pay a premium for the transport of a dangerous good – and the corresponding restrictions on the number of lithium batteries that they could move.

“This is where the role of governments is more than important. It is absolutely critical,” Hughes said. “This is a government responsibility.”

“This is smuggling; this is placing lives at risk because these are, more often than not, counterfeit lithium batteries, not compliant lithium batteries and in those cases, there are consumer safety issues, as well as safety issues within the supply chain,” he added.

“So we’ve been advocating as a trade association, as has IATA, as has FIATA, as with other bodies that government needs to step in here, that governments need to work with industry where we could identify those rogue shippers or rogue entities which are moving these products,” he further said.

Hughes then called for the criminalization of abuses of dangerous goods regulations, with custodial sentences for transgressors who put lives at risk.

“I would say imprisonment,” Hughes said of the punishment. “People are putting lives at risk, and when people are placing lives at risk because of their behaviour, then they need to be aware of the consequences.”

“We must, as governments and as industries, seek the most-stringent measures possible to eradicate this behaviour. We would advocate for custodial sentences. All these issues must be dealt with in the strictest, toughest manner because of the consequences when they go wrong,” Hughes told the TIACA media briefing.

He noted that strong government action could put an end to this behaviour.

“If governments would take action against somebody that kept deliberately smuggling counterfeit lithium batteries if there are examples of businesses or individuals being sent to prison, it might deter others from taking the same action,” Hughes said.

The TIACA chief explained that the ICAO Technical instruction covers the regulations on the safe transport of lithium batteries by air, while other regulations are for movement either by the ocean or by road.

“But those are regulations about the movement. When people don’t comply, the regulations don’t actually establish what happens when people don’t comply,” Hughes said. “That’s then another branch of government, that’s law enforcement.”

Hughes also said that often, smuggling of lithium batteries happens in the export origin, but it might only be detected on arrival, upon transit – or in some cases, just after arrival when horrific fires happen on the tarmac.

“Now, it’s on the country where the incident occurred having to communicate with the country where the goods were coursed through.”

TIACA said it encourages any program that could help identify and detect undeclared or mis-declared lithium battery shipments.

“What we don’t support as an industry is when the government say it is the operators’ responsibility to detect it,” Hughes said. “It is not the carrier’s responsibility; it is not the freight forwarder’s responsibility to effectively undertake law enforcement for a country.”

“We need the government to work with industry rather than say it’s your problem.”

Hughes also noted that the unsafe transport of lithium batteries is also happening on other modes of transport.

“This is not just an air issue – if you look back over the last 2-3 years, sadly, there’s been a number of ships that caused fire onboard ships caused by counterfeit, smuggled lithium batteries. So this is a supply chain issue,” Hughes added.

By Charlee C. Delavin
Asia Cargo News | Miami