Abstract
The air transport industry is showing a curious dichotomy. On the one hand, it is claimed that 2017 was the safest year for air transport, with no fatalities. On the other hand, incidents of unruly and disruptive behaviour in the aircraft cabin as well as in the airport terminal seemed to increase. IATA reports that in 2016 the rate unruly behaviour was 1 in every 1424 flights. On the face of it there is seemingly an obvious and perhaps simplistic explanation involving any of multiple factors: increasingly reduced seat pitch; larger bags fighting for smaller bin space; smaller aisles to move around; increased inflight anxiety including but not limited to fear of flying, claustrophobia, and reclining seats that encroach on ever decreasing space between seats. Added to this are aircraft delays that would encroach on tight connections, takeoff problems, turbulence and fatigue aggravated by the factors mentioned above.
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Notes
- 1.
In the Fall of 2016 there was recorded an altercation between passengers on board a Ryanair flight from Brussels to Malta, which was captured by a passenger on the flight with his phone. The video recorded an aggressive fistfight between several passengers. The brawl resulted in the involvement of a flight attendant and elderly passenger who were physically assaulted in the process. Adding to the imbroglio was a serious apprehension of the passengers that the brawling men would open an exit. In another incident in December 2016, on board a Korean Air flight, an unruly passenger had to be restrained, which resulted in the airline being compelled to review its procedures regarding cabin crew restraint, which eventually introduced the issuance of Tasers to its flight attendants. See Inflight Deviant Behaviour: Appreciating the Causes, Security International, April 12, 2017 at https://www.asi-mag.com/inflight-deviant-behaviour-appreciating-causes/.
- 2.
The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 280 airlines or 83% of total air traffic. IATA supports many areas of aviation activity and helps formulate industry policy on critical aviation issues. IATA’s mission is to represent, lead, and serve the airline industry. Its vision is to be the force for value creation and innovation driving a safe, secure and profitable air transport industry that sustainably connects and enriches our world.
- 3.
IATA Fact sheet – Unruly Passengers. See https://www.iata.org/pressroom/facts_figures/fact_sheets/Documents/fact-sheet-unruly-passengers.pdf. IATA states further that 12% of reports relate to level 2 incidents which involve physical aggression to others or damage to the aircraft. Intoxication from alcohol or drugs was identified in 33% of reported cases. IATA’s statistics do not cover all airlines around the world, so are likely to significantly underestimate the true extent of the problem Ibid.
- 4.
IATA identifies intoxication (e.g. through alcohol, narcotics, or medications) and recognizes that “in many cases the ingestion and consequent influence of alcohol, narcotics and/or medication starts before the passenger boarded the aircraft; Irritation with other passengers’ actions on-board (e.g. kicking in seats, sharing the armrest, blocking seats from reclining) or hygiene; Frustration linked with passenger’s journey; long haul flights, inability to smoke, restrictions related to the use of portable electronic devices, dissatisfaction with customer service and service delivery (e.g. too slow, too long, meals, inoperative equipment: IFE, lavatories, chair tables, seats); Mental breakdowns/episodes (e.g. acute anxiety, panic disorder or phobias); Mental conditions (e.g. psychosis, dementia or other mental health related disorders); Personality differences amongst passengers or between crew members and passengers; Emotional triggers originating outside the flight (e.g. loss of a job); Lack of medication or alcohol withdrawal symptoms” See Infra, note 22, at p. 18, para. 3.4.1.
- 5.
DeCelles and Norton (2016), pp. 5588–5591.
- 6.
Patrick, Wendy L. Fight or Flight: What Causes Air Rage? The Surprising Answer, Psychology Today, May 11 2017. See https://www.psychologytoday.com/blog/why-bad-looks-good/201705/fight-or-flight-what-causes-air-rage-the-surprising-answer.
- 7.
Goldsmid et al. (2016), p. 3.
- 8.
James (2014), pp. 25–26.
- 9.
See Abeyratne (2010), p. 102.
- 10.
The International Civil Aviation Organization (ICAO) is the specialized agency of the United Nations handling issues of international civil aviation. ICAO was established by the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (Chicago Convention). The overarching objectives of ICAO, as contained in Article 44 of the Convention is to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport to meet the needs of the peoples for safe, regular, efficient and economical air transport. ICAO has 192 member States, who become members of ICAO by ratifying or otherwise issuing notice of adherence to the Chicago Convention.
- 11.
Guidance Material on the Legal Aspects of Unruly/Disruptive Passengers, Cir 288, LE/1, June 2002, at 1.
- 12.
Supra note 10. Article 44 inter alia provides that ICAO has to meet the needs of the people of the world for safe, regular, efficient and economical air transport. Air transport by no means could be restricted to the segment on board the aircraft. See ICAO Doc 7300/9 Ninth Edition:2008.
- 13.
Convention for the Unification of Certain rules for International Carriage by Air done at Montreal on 28 May 1999. The Convention entered into force on 4 November 2003. At the time of writing, 130 States Parties had ratified the Convention.
- 14.
Id. Article 17.
- 15.
Husserl v. Swiss Air transport Co. Ltd. Op cit. See also, People of the State of Illinois v. Gilberto 383 NE 2d 977.
- 16.
Day v. Trans World Airlines Inc. 528 F 2d. 31 (2nd Circ. 1975); Evangelinos v. Trans World Airlines Inc. 550 F2d 152 (2d. Circ. 1977); Leppo v. Trans World Airlines Inc.392 NYS 2d 660 (AD 1977); Rolnick v. El Al Israel Airlines Ltd.551 Supp. 261 (EDNY 1982).
- 17.
Day v. Trans World Airlines Inc. 528 F 2d. 31 (2nd Circ. 1975); Evangelinos v. Trans World Airlines Inc.. 550 F2d 152 (2d. Circ. 1977); Leppo v. Trans World Airlines Inc.392 NYS 2d 660 (AD 1977); Rolnick v. El Al Israel Airlines Ltd.551 Supp. 261 (EDNY 1982).
- 18.
The Warsaw Convention was later replaced by the Montreal Convention of 1999 which has similar provisions on air carrier liability.
- 19.
Promotion of The Protocol to Amend the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, Done at Montreal on 4 April 2014 (Montreal Protocol 2014) (Presented By The International Air Transport Association (IATA), A39-WP/1391 Le/7 4/8/16 at 2.
- 20.
IATA Guidance on Unruly Passenger Prevention and Management, December 2012 at 6.
- 21.
Convention on Offences and Certain Other Acts Committed on Board Aircraft Signed at Tokyo on 14 September 1963.
- 22.
Report of the Legal Committee 36th Session, Montréal, 30 November–3 December 2015, Doc 10061-LC/36 at 2-1. For an in-depth discussion of the Montreal Protocol of 2014 see Abeyratne (2014), pp. 47–58.
- 23.
Supra,, note 11.
- 24.
Acts or Offences of Concern to The International Aviation Community and not Covered by Existing Air Law Instruments, (Presented By The Secretariat), LC/36-Wp/2-1 5/10/15, at 2.
- 25.
Convention on Offences and Certain Other Acts Committed on Board Aircraft, Tokyo, 14 September 1963.
- 26.
Convention for the Suppression of Unlawful Seizure of Aircraft, The Hague, 16 December 1970.
- 27.
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Montreal, 23 September 1971.
- 28.
Supra, note 25, Article 1.
- 29.
Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, (2014).
- 30.
Article 10 provides: For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, any in-flight security officer, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.
- 31.
Article 9 has been replaced by the Protocol to the Tokyo Convention (Montreal, 2014) which provides: “The aircraft commander may deliver to the competent authorities of any Contracting State in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence”.
- 32.
The objectives of this manual are to: evaluate safety and/or security risks; develop a zero-tolerance unruly passenger policy; develop unruly passenger prevention and management procedures; re-evaluate and possibly amend current operator sops (if applicable); develop strategies to prevent unruly passenger incidents and the resulting impacts.
- 33.
Other offences identified are: smoking in a lavatory or smoking elsewhere in a manner likely to endanger the safety of the aircraft; tampering with a smoke detector or any other safety-related device on board the aircraft; and operating a portable electronic device when such act is prohibited.
- 34.
Supra, note 32 at p 21, para 3.4.2.
- 35.
Airports Council International (ACI) is the only global trade representative of the world’s airports. Established in 1991, ACI represents airports interests with Governments and international organizations such as ICAO, develops standards, policies and recommended practices for airports, and provides information and training opportunities to raise standards around the world. This section provides you with information on the structure and background of ACI.
- 36.
Supra, note 13.<?spieprPar62?>
- 37.
Walder et al. (1987), pp. 494–498.
- 38.
- 39.
Rachel Botsman, Big data meets Big Brother as China moves to rate its citizens, Wired, 21 October 2017. Seehttp://www.wired.co.uk/article/chinese-government-social-credit-score-privacy-invasion.
- 40.
In a 1992 case before the United States Supreme Court, the key issues before the Supreme Court involved the question of whether an airport could be construed as a public forum. Chief Justice William H. Rehnquist’s opinion for the majority of the Court held that airports were not public forums and that they were private premises for reasons of security. See of International Society for Krishna Consciousness v. Lee, 505 US 672 (1992).
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Abeyratne, R. (2019). The Unruly Passenger. In: Legal Priorities in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-030-18391-2_7
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