UNRULY PASSENGERS : HANDLING & SAFETY IMPLICATIONS

(Being a paper presentation at Capt Jerry Agebeyegbe,memorial lecture- Oct 2009)

Definition
• An unruly passenger in general terms refers to an airline passenger or operating crew member who exhibits disruptive and/or violent behaviour during flight. It is sometimes referred to as “Air Rage.” It can also be defined as any behavior on board an aircraft which interferes with the crew in the conduct of their duties and disrupts the safe operation of an aircraft.
Examples of behavior that can be called unruly
• Failure to follow safety regulations such as refusing to buckle seatbelt.
• Behaving in a way that gives suspicion of a threat to flight safety such as disabling a toilet smoke alarm.
• Behavior that may interfere with the comfort of cabin crew or passengers which include viewing pornographic material, performing sex acts in the lavatory, loud or drunken behavior.
• Use of any threatening, abusive or insulting words.
• Intentionally interfere with the performance or duties of a crew member.
• Wearing clothing that is inappropriate or offensive
Disruptive behaviour can be classified into three levels:
• Level 1 - Aggressive, but possible to influence –the crew can talk with the passenger
• Level 2 - Aggressive and not easily influenced (may be due to drugs, alcohol etc) –the crew might need the support of other passengers.
• Level 3 - Physical violence and any other punishable behaviour like violence against people and equipment.

• Stopping and ejecting the offenders is not a practical option as landing is a process that would seriously inconvenience the flight schedule of the aircraft and the passengers more than the misbehaving person themselves. In addition, unlike large ships, there is insufficient room on board to hold the offender in an isolated area until arrival. However, it can have serious implications, especially if the offender decides to interfere with the aircraft's navigation which could cause it to crash.
• In the past, air travel was a privilege for the well-off and often better educated. The introduction of cheap mass air travel has opened up the market to many people who would otherwise have traveled by train, coach or by ship. These factors, combined with the stress associated with airports, airlines and flying push some individuals over the top. The customer often feels that anything goes once the ticket is paid for and the holiday begins in the bar as soon as check-in is completed. It is a sad but irrefutable fact that, nowadays, many passengers believe that the customer is always right!
Causes of Unruly Behavior
• Pre flight factors:
• The stress of getting to the airport and the fear of flying are often exacerbated by contentious seat allocation and inevitably, flight delays.
• Often, the stress factor is increased by lack of information; certainly, an information vacuum keeps a passenger on edge.
• Inadequate parking facilities, confusing check-in procedures, long lines at the check-in counter, more lines at security checkpoints, and maddening delays caused by ATC system such as presidential movement, power failure or change over procedure, excessive alcohol, drugs, natural causes etc.
In-flight Factors

• First impression on boarding an aircraft is important. The crew set the standard for the entire flight by the way they greet and treat passengers.
• To find the overhead racks full of the entire worldly possessions of the passenger in the next seat is not the best start to a journey.
• Safety briefing during which the cabin crew set the ground rules for smoking, mobile phones, laptop computers and other electronic devices that can interfere with aircraft operation. The crew needs a clear understanding of company policy and must be firm in the delivery of message. Any deviation will be unruly.





• Recycled cabin air -a school of thought observed that airlines in cutting cost have introduced a process of reducing the oxygen in the cabin or the oxygen level is not commensurate with the number of passengers in the cabin, which makes us less energetic and some people less happy, when compared to the cockpit air that is rich in oxygen (some airlines even switch off air conditioning packs to save fuel).
• Unlike ground vehicles, airplanes enter altitudes where changes in air pressure can help trigger temporary psychological changes, such as enhancing the psychoactive effects of chemicals like alcohol, which is typically served on board.
• Others are shrinking airplane seats and pitch, insufficient overhead bin space and small in-flight meals if provided.
How do we combat air rage menace?
Pre flight:
• Airlines and airports can reduce the risk to aircraft and crew by acknowledging the problem and providing training and support to back up those dealing with the problems and identifying a specific person or section to coordinate disruptive passenger policy.
• They should publicize a zero tolerance policy at check-in counters, on in-flight screens and in magazines with brief summaries on legal sanctions/responsibilities.
• Improve service quality by reducing long queues, delays, overbooking, confusing seat allocation, cabin air quality, seat pitch & width etc that tend to infuriate passengers.



• Airlines should avoid stimulating unrealistic expectations: flying is often marketed as luxury or premium service, while majority of the passengers who do not travel in premium class are turned off, this essentially puts the crew on the front burner. It is essential to have a close correlation between the service an airline claims to offer and what it can really deliver.
• New laws are being introduced by various aviation regulatory authorities to increase the penalties for offenders and empowering the Police to prosecute quickly and effectively.
• “No Smoking” flights: Stress induced by nicotine craving is a major factor in many disruptive incidents. Airports could help by designating pre-flight smoking areas.


• Observation of behaviour at check-in counters and boarding gates is important if the potential troublemakers are to be prevented from boarding the aircraft. It is all too easy to turn a blind eye to a difficult passenger at the gate and pass the problem on to the aircrew that are faced with dealing with it at 30,000 feet in a dangerous environment. Airports, airlines and their handling agents should increase awareness of the consequences of dodging the issue and passing the problem on.
• Disruptive passenger handling procedures must be developed or updated in the context of current security needs, areas such as secure cockpit door policy must be re-emphasized by reinforcing the door and bulkhead to the flight deck against small arms fire and blast.
• Cabin crew should uphold policies more consistently. They should start with a non-confrontational approach and thereafter make prudent use of training in self defense and means of restraining passengers. Also, all commercial aircraft must be equipped with restraint kits, which should be included in the Minimum Equipment List.


• Airlines should refrain from carrying deportees and criminals on commercial flights even when accompanied by security personnel. Special flights should be reserved for such operations.
• Some airlines have “Yellow” and “Red” card system. Most passengers are familiar with the soccer system and respond favourably to a “yellow” card warning which cuts off all further alcohol, stresses the penalties and legal implications for further misbehaviour and the liability for the cost of a diversion to off load the offender. Obviously the card system will not be effective if the recipient cannot or is incapable of reading or if he does not understand the language written on the card!
• Also, some airlines such as El Al, Swiss Air and Austrian have Sky Marshals that come on board with a mandate to use force, but this may be inimical to innocent passengers and/or crew. There is the problem of retaining Sky Marshals due to the boredom of flying as an entire career and never having the opportunity to respond to any incident.


• Consumers/customers/passengers must conform to a restrictive set of behavioral norms when moving in, through and out of the aviation system. For a start, passengers should have a common view and acceptance of airline staff authority. In addition passengers are expected to be:
* Knowledgeable about all passenger processing procedures.
* Able to orient themselves efficiently at airports.
* Able to communicate effectively with staff and be cooperative.
In- flight:
• Passengers are expected to comply with airline safety rules.
• Pay attention during safety briefing.
• Be non-confrontational.
• Control their fear of flying.
• Be unaffected by the effects of nicotine and drug denial.
• Remain unaffected by stress, fatigue and any physical discomfort.
• Be willing to communicate politely with crew members.
• Alert crew of suspicious or disruptive passengers and refrain from being Superman and should only assist if requested to by crew.

Post- flight:
• Airlines and airports must work in co-ordination with law enforcement agencies.
• Crew members concerned and passengers must be willing to provide statements, names, contact numbers and permanent addresses.
• If the case goes to court, the airline should support members of staff called to give evidence and in more serious cases post trauma counseling may be necessary.
• Government action is needed to ensure effective legal jurisdiction.

What does the law say?


There are a number of existing treaties or agreements cited when dealing with disruptive passengers. These include Tokyo Convention (1963), Hague Convention (1970) and Montréal Protocol (1971). The major drawback of these is their lack of suitability for prosecuting unruly passengers. Therefore, different states have developed laws to curb this menace.
United Kingdom (UK):
The law of the land governs the actions of the Police and the Courts. In the UK the Civil Aviation Act 1982 derives from the Tokyo Convention. Section 92 of the Act provides UK courts with the jurisdiction to deal with offences committed on board UK registered aircraft wherever in the world an offence takes place.

Section 94 of the Civil Aviation Act deals with the power invested in the aircraft Commander to ensure the safety of his aircraft. The powers of the Commander are designed to maintain good order and discipline on board the aircraft and include the physical restraint of troublemakers.

The powers of the Commander may only be exercised from the time doors are closed after passengers have boarded until the doors are opened for disembarkation at destination – or diversion! When the doors are open the law is enforced by the local Police rather than by the Commander.

The Air Navigation (No 2) Order 1995 provides specific laws to protect the crew and fellow passengers from disruptive behaviour and prohibit passengers from:

Acting in a manner likely to endanger an aircraft or any person on board - Article 55.

Causing or permitting an aircraft to endanger persons or property - Article 56.

Boarding an aircraft while drunk or getting drunk on board - Article 57.

Every person on board an aircraft must obey the lawful commands of the Commander - Article 59.



The UK government and the Civil Aviation Authority in September 1999, further amended the Air Navigation Order with Article 59A cited below.

No person shall while on an aircraft:
A, use any threatening, abusive or insulting words towards a member of the crew
B, behave in a threatening, abusive, insulting or disorderly manner towards the crew of the aircraft; or,
C, intentionally interfere with the performance by a crew member of his duties

PENALTIES -59A-(a) & (b) - £2,500 Fine and (c) £5,000 Fine by a Magistrate Or - an unlimited Fine by a Crown Court and /or 2 years in prison.

Offences committed on non-UK aircraft can be dealt with in the UK if the next landing of the aircraft is in the UK and if the crime would be a crime in the state of registration of that aircraft.

This second part of the Act, which deals with foreign aircraft landing in UK, was omitted from the original Act and was introduced as an amendment in 1996 after Qantas pointed out the omission.
United States of America (USA):
Criminal penalties of a fine of up to US$11,000 or 20 years imprisonment apply to cases where passengers assault, intimidate or interfere with or lessen a crew member’s ability to perform his or her duty. Civil penalties for similar offences carry a maximum fine of US$1,100 per violation.

Some other countries such as Canada, Malaysia, South Africa etc have also introduced laws to deal with unruly passengers.

Nigeria:
Part 14 Annex 58 of the NCAA Act, states that "the authority may by regulations prohibit certain acts which constitute unruly or indecent behaviour on board aircraft in or over Nigeria and such regulations may include appropriate criminal sanctions”. This in my opinion is not explicit enough and might be very difficult for the Police to go ahead and prosecute successfully.

We really need to act down here and the first point is to amend the Civil Aviation Act, which is long overdue. Then, airlines.