Interpretation Response #03-0027
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Date: Feb 13 , 2003 Reply to Attn. of: Ref. No. 03-0027 Ref. No. 03-0027
Subject: INFORMATION: Definition of "on one's person"
From: Edward T. Mazzullo, Director
Office of Hazardous Materials Standards
To: William Wilkening
Dangerous Goods Program
This is in response to your memo requesting clarification of the phrase "on one's person" as used in 49 CFR 175.10(a)(10). At issue is whether a lighter or pack of matches must be in a person's clothing, such as in a pocket, to be "on one's person" for carriage by a passenger onto an aircraft.
Section 175.10(a)(10) excepts from the HMR safety matches or lighters intended for use by an individual when carried "on one's person." It is the opinion of this office that the term "on one's person" includes any item carried aboard an aircraft by a passenger, including what would otherwise be construed as "carry-on baggage." Therefore, a passenger is authorized to carry safety matches or lighters onto an aircraft in their clothing, carry-on baggage, fanny pack, purse, or any other item under their control. However, the phrase "on one's person" does not include those items which are considered "checked baggage."
I trust this satisfies your inquiry. If this Office can be of further assistance, please contact us.
|§ 175.1||Purpose, scope and applicability|