A Rapidly Expanding Area of Aviation and Commercial Law
Lithium batteries have become indispensable to modern life. Smartphones, laptops, power banks, drones, cameras, e-bikes, electric vehicles and industrial equipment increasingly depend on rechargeable lithium-based energy systems.
The same technology, however, creates a significant aviation safety risk. A defective, damaged, improperly manufactured or incorrectly packed lithium battery may overheat, short-circuit or enter thermal runaway, potentially resulting in fire, smoke and the propagation of heat to adjacent cells. IATA expressly recognizes that improperly designed, tested, manufactured or prepared batteries may fail and catch fire during transport.
For this reason, the carriage of batteries by air is no longer merely an operational matter for airlines. It has become an important field of aviation law, international carriage law, commercial contracts, insurance, product compliance and regulatory enforcement.
A Turkish technology company importing batteries from Asia, an e-commerce seller shipping battery-powered products into Europe, an automotive company transporting electric vehicles, or a logistics company accepting chemicals for air freight must all consider the dangerous goods regime before the goods reach the airport.
International and Turkish Regulatory Framework
At the international level, the legal architecture is built around the Chicago Convention system and the standards developed by the International Civil Aviation Organization.
One of the most important instruments is the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air – Doc 9284.
In Türkiye, these Technical Instructions have direct operational significance through the Instruction on the Safe Transport of Dangerous Goods by Air – SHT-18, issued by the Turkish Directorate General of Civil Aviation. SHT-18 expressly provides that the ICAO Technical Instructions apply to activities involving the carriage of dangerous goods by air and requires operators engaged in such carriage to hold the relevant dangerous goods approval.
The IATA Dangerous Goods Regulations – DGR provide the principal operational framework used by airlines, freight forwarders, ground handlers and shippers in implementing these standards. Battery-related amendments were particularly prominent in IATA’s 2026 materials, reflecting increasing concern about power banks, new battery chemistries, state-of-charge limitations and battery-powered vehicles.
It is important to distinguish between the legal nature of these instruments. The IATA DGR is not, by itself, national legislation. However, carrier procedures and operator variations frequently incorporate stricter requirements. Under Turkish SHT-18, an operator variation cannot be less restrictive than the applicable Technical Instructions.
Consequently, regulatory compliance cannot be determined solely by reading a general ICAO rule. The requirements of the State of origin, transit and destination, together with the relevant airline’s operator variations, may all have to be reviewed.
Dangerous Goods Are Not Limited to Industrial Chemicals
The concept of dangerous goods is significantly broader than explosives and industrial chemicals.
International aviation rules classify explosives, gases, flammable liquids, flammable solids, oxidizing substances, toxic and infectious substances, radioactive materials, corrosives and miscellaneous dangerous goods according to their hazards.
Lithium batteries are primarily regulated within Class 9 – Miscellaneous Dangerous Goods.
Accordingly, a product that appears to be an ordinary consumer item may become regulated dangerous goods once offered for air transport. Mobile phone batteries, power banks, drones, battery-powered tools and even certain forms of smart luggage can therefore fall within the dangerous goods regime.
Why UN Numbers Matter
The expression “lithium battery” is not legally sufficient to determine the applicable transport requirements.
The battery chemistry, capacity and transport configuration must be identified. In particular, the rules distinguish between batteries shipped by themselves, batteries packed with equipment and batteries contained in equipment.
For example, UN 3480 applies to lithium-ion batteries transported by themselves, whereas UN 3481 covers certain lithium-ion batteries contained in or packed with equipment. Separate UN entries apply to lithium-metal batteries.
This distinction may determine whether the shipment is permitted on a passenger aircraft, whether a Cargo Aircraft Only restriction applies, what packaging instruction must be followed and which documentation is required.
IATA confirms that lithium-ion and lithium-metal batteries shipped by themselves are restricted to cargo aircraft and are subject to specific state-of-charge requirements.
The 2026 Power Bank Rules
Power banks became a particularly important aviation safety issue in 2026.
On 27 March 2026, ICAO adopted new specifications limiting passengers to a maximum of two power banks per person and prohibiting the recharging of power banks during flight.
Türkiye subsequently implemented the change through Flight Operations Directive UOD/2026-01. The Turkish directive expressly provides that charging a power bank on board an aircraft is prohibited, that each person may carry no more than two power banks and that the use of a power bank to charge portable electronic devices during the flight is discouraged. Aviation operators are required to incorporate these changes into their procedures.
The legal position therefore goes beyond the simple question of whether a power bank is placed in hand baggage. Quantity, capacity, protection against short circuit, airline policies and use during flight must also be considered.
The 100 Wh and 160 Wh Thresholds
The Watt-hour rating is one of the most important criteria for passenger carriage of lithium-ion batteries.
According to current IATA passenger guidance, batteries of up to 100 Wh are generally permitted in carry-on baggage. Batteries between 100 Wh and 160 Wh may require prior airline approval, while batteries above 160 Wh are generally not permitted under ordinary passenger baggage rules and may have to be transported as regulated cargo.
Spare lithium batteries and power banks must be carried in hand baggage and must be protected against short circuit.
These thresholds are particularly relevant for professional camera systems, drones, power tools and high-capacity portable power systems.
Undeclared Dangerous Goods in E-Commerce
One of the most significant compliance risks in the air cargo industry is the transportation of undeclared or misdeclared dangerous goods.
Consider an e-commerce seller that declares a parcel as “electronic accessories” although it contains multiple power banks. A shipment described simply as “electronics” may contain dozens of lithium batteries. A chemical product may likewise be offered as ordinary cargo without its appropriate dangerous goods classification.
These are not merely documentary errors. They can create direct aviation safety risks.
Under Turkish SHT-18, undeclared or misdeclared dangerous goods can give rise to mandatory incident reporting obligations. Certain dangerous goods incidents must, absent force majeure, be reported to the Turkish Directorate General of Civil Aviation within 72 hours, while accidents and serious incidents are subject to the applicable 48-hour reporting framework.
For e-commerce platforms, fulfilment centres and freight forwarders, this means that reliance solely on the seller’s commercial product description may create substantial regulatory exposure.
Liability of the Shipper
The shipper occupies a central position in the dangerous goods compliance chain.
Under SHT-18, before offering dangerous goods for air transport, the shipper must ensure that the shipment is not prohibited and that it has been properly classified, packed, marked, labelled and documented in accordance with the applicable requirements.
The dangerous goods transport document is therefore not a routine logistics form. It constitutes a formal declaration concerning the proper preparation of the shipment. Turkish rules also generally require dangerous goods transport documentation to be prepared in English.
The Montreal Convention 1999 provides an additional international layer. Article 10 places responsibility on the consignor for the accuracy of particulars and statements concerning cargo and establishes liability consequences where irregular, incorrect or incomplete information causes damage to the carrier or other persons.
Accordingly, outsourcing the physical preparation of the shipment to a freight forwarder does not necessarily eliminate the shipper’s legal exposure.
Responsibilities of Airlines, Ground Handlers and Other Parties
Dangerous goods compliance is not the responsibility of the shipper alone.
Under Turkish SHT-18, an operator must not accept dangerous goods unless the required documentation has been properly completed and the shipment has been inspected in accordance with the applicable acceptance procedures. Operators must use an acceptance checklist, inspect packages for leakage or damage and ensure that dangerous goods are loaded under the supervision of appropriately trained personnel.
Ground handling companies, authorized agents, warehouses and other participants in the logistics chain are subject to their own obligations. The pilot-in-command must also receive the prescribed written information concerning dangerous goods before departure.
Dangerous goods law therefore operates as a chain-of-responsibility system. A shipper’s mistake does not automatically remove the operator’s control obligations, while acceptance by the airline does not necessarily release the shipper from liability.
Electric Vehicles and EV Batteries
The rapid development of electric mobility has created a new category of aviation-law problems.
Current battery guidance contains specific classifications for vehicles depending upon their battery chemistry, including UN 3556 – Vehicle, lithium-ion battery powered; UN 3557 – Vehicle, lithium metal battery powered; and UN 3558 – Vehicle, sodium ion battery powered.
Battery state of charge has also become increasingly important. From 1 January 2026, stricter rules apply to certain lithium-ion batteries packed with equipment. IATA’s 2026 Battery Shipping Regulations refer to a general requirement that relevant lithium-ion cells and batteries be offered for transport at a state of charge not exceeding 30% of rated capacity, subject to the applicable exceptions and State approvals.
This has major implications for EV manufacturers, battery manufacturers, second-hand battery traders and international logistics companies.
The air shipment of an electric vehicle should therefore not be treated in the same way as the shipment of a conventional vehicle. Battery chemistry, capacity, state of charge, installation, applicable packing requirements and carrier variations must all be examined.
Chemicals and Other Dangerous Goods
Although lithium batteries currently attract substantial regulatory attention, dangerous goods law extends far beyond batteries.
Paints, solvents, perfume ingredients, aerosols, laboratory chemicals, industrial cleaners, oxidizers, pesticides, medical specimens and radioactive materials may all be subject to dangerous goods requirements.
A Safety Data Sheet can provide essential information, but an SDS should not automatically be treated as a substitute for proper air-transport classification. Proper shipping name, UN number, hazard class, packing group where applicable, quantity limits and packing instructions must be determined separately.
IATA’s 2026 materials also contain additional guidance concerning the role and purpose of Safety Data Sheets in dangerous goods compliance.
Administrative, Civil and Criminal Exposure
Non-compliant transportation may generate liability at several levels.
From an administrative-law perspective, Article 52 of SHT-18 provides for enforcement under Article 143 of the Turkish Civil Aviation Act No. 2920 and the applicable administrative fine regime. A dangerous goods special approval may also be suspended for up to six months where the required qualifications are no longer met and may ultimately be cancelled if the deficiencies are not remedied.
Civil liability may arise where an incorrectly declared or inadequately packed battery causes fire or damage to the aircraft, other cargo or third-party property. Contractual indemnities, tort liability, insurance coverage and rights of recourse may all become relevant.
For international air cargo claims, the Montreal Convention 1999 provides a specific carrier liability regime. Following ICAO’s 2024 review, the general liability limit for destruction, loss, damage or delay of cargo increased to 26 Special Drawing Rights per kilogram from 28 December 2024.
Depending on the circumstances, criminal liability may also arise where dangerous goods are knowingly misdeclared or transported in breach of safety requirements and the conduct results in fire, injury, death or another serious danger.
Contractual Risk Management
For battery manufacturers, technology companies, automotive businesses and logistics providers, regulatory compliance should also be reflected in commercial contracts.
Dangerous goods clauses should clearly allocate responsibility for classification, documentation, UN testing, packaging, labelling, operator variations, emergency response, insurance, regulatory fines, rejection of non-compliant cargo and recourse between the parties.
In lithium battery transactions, particular attention should be paid to compliance with UN Manual of Tests and Criteria, Part III, subsection 38.3. IATA notes that manufacturers and subsequent distributors must make available a test summary demonstrating that the relevant battery design has satisfied the applicable UN 38.3 testing requirements.
For this reason, a general contractual statement that “the goods comply with applicable law” may be inadequate for high-risk battery shipments. Detailed representations and warranties concerning battery chemistry, UN classification, test reports, state of charge and packing configuration can significantly reduce uncertainty when liability is later disputed.
Conclusion
The growth of lithium batteries has transformed dangerous goods regulation from a specialist cargo issue into a field affecting everyday commerce.
From a passenger carrying a power bank to an automotive manufacturer exporting electric vehicles, the same regulatory architecture can become relevant at very different commercial scales.
The 2026 power bank restrictions, stricter state-of-charge requirements and the evolving classification of battery-powered vehicles demonstrate how rapidly this field continues to develop.
For manufacturers, exporters, importers, freight forwarders, ground handlers and airlines, the correct legal question is therefore not simply “Can this product be transported by air?”
The more complete inquiry is whether the product has been properly classified; which aircraft may carry it; which packaging and documentation rules apply; whether State or operator variations impose stricter requirements; and, most importantly, who will bear the regulatory, contractual and financial consequences if something goes wrong.
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