DGCA proposes stricter norms to deal with unruly passengers

• The Directorate General of Civil Aviation (DGCA) has proposed stricter norms to deal with unruly passengers.

• A ‘No/Zero Tolerance Policy’ has been adopted to ensure the safety of the aircraft/persons/property and to maintain good order and discipline on board an aircraft. 

• In its draft revised rules, the DGCA said that an airline may directly impose a flying ban for a disruptive passenger for a period not exceeding 30 days without referring the matter to the Independent Committee, where the passenger is found to have committed any disruptive acts on board an aircraft.

These include:

i) Smoking on board the aircraft.

ii) Consumption of alcohol onboard a domestic flight.

iii) Consumption of alcohol onboard an international flight, except when such alcohol is served by the cabin crew.

iv) Misuse of an emergency exit or unauthorised use of life-saving equipment, including life jackets.

v)) Engaging in protests or sloganeering.

vi) Unruly conduct arising from intoxication.

vii) Any other disorderly or disruptive behaviour, including but not limited to screaming, causing annoyance to other passengers, or kicking or banging seat backs or tray tables.

• The airline shall maintain a database of disruptive passengers and shall intimate the DGCA regarding the imposition of a flying ban. 

• However, such disruptive passengers shall not be placed in the ‘No Fly List’ by DGCA.

Who is an unruly passenger?

• An unruly passenger is defined as a passenger who fails to respect the rules of conduct at an airport or on board an aircraft or to follow the instructions of the airport staff or crew members and thereby disturbs the good order and discipline at an airport or on board the aircraft.

• Unruly behaviour on-board aircraft has been declared as an offence and is a punishable act. 

• Although unruly passengers represent only a miniscule proportion of passengers as a whole, even one unruly passenger can jeopardise safety on board. 

• Unruly passengers affect all personnel involved in the process connected with a flight operation, ultimately affecting the operation of the flight itself.

• Even if the passenger feels that the redressal system has limitations, unlawful/disruptive action is certainly not a solution.

• Unruly passengers can face varying periods of flying ban depending on the level of offences. 

• For Level 1, the ban can be up to three months.

• For Level 2, the same can be up to six months. 

• In the case of Level 3 and 4 cases, the minimum ban can be for two years or more without a limit.

• Level 1 refers to unruly behaviour such as physical gestures, verbal harassment or unruly inebriation. 

• Level 2 refers to physically abusive behaviour, including pushing, kicking, hitting, grabbing or inappropriate touching or sexual harassment.

• Level 3 refers to life-threatening behaviour (damage to aircraft operating systems, physical violence such as choking, eye gouging, murderous assault etc).

• Level 4 refers to attempted or actual breach of the flight crew compartment.

Directorate General of Civil Aviation (DGCA)

• The Directorate General of Civil Aviation (DGCA) is the regulatory body in the field of civil aviation primarily dealing with safety issues. 

• It has been accorded with statutory status by Aircraft Amendment Act, 2020.

• It is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety and airworthiness standards.

• It coordinates all regulatory functions with the International Civil Aviation Organisation.

• The headquarters are located in New Delhi with regional offices in various parts of India.

• To keep the statutory provisions abreast with the international standards and the latest developments in the sphere of civil aviation, Aircraft (Amendment) Act, 2020 has been enacted and provisions relating to imposition of financial penalties and compounding of offences have been inserted in the Aircraft Rules, 1937. 

• New rules namely the Drone Rules, 2021 have been promulgated to regulate the drone sector.

Functions of DGCA: 

• Regulation of air transport services to/from/within India in accordance with the provisions of the Aircraft Rules, 1937, including bilateral and multilateral agreements with foreign countries and the policy pronouncements of the government.

• Registration of civil aircraft.

• Laying down airworthiness requirements for civil aircraft registered in India and grant of Certificate of Airworthiness to such aircraft.

• Licensing of pilots, aircraft maintenance engineers and monitoring of flight crew standards.

• Licensing of aerodromes and air carriers.

• Rendering advice to the government on matters pertaining to civil aviation.

• Processing amendments to Aircraft Act, 1934 and the Aircraft Rules 1937, and other Acts and rules thereunder relating to aviation, for their implementation in India, the provisions of the Chicago Convention and Annexes thereto, and other International Conventions relating to aviation.

• Coordination of the work relating to the International Civil Aviation Organisation and replies to State Letters after consulting stakeholders, wherever necessary including consultation with other agencies.

• Investigation of air accidents and incidents and rendering technical assistance to the Courts/ Committees of Inquiry.

• Regulation and supervision of training activities of flying/gliding clubs.

• Type certification of aircraft.