LIBRARY PICTURE : (POSED BY MODEL..)
Julian Bray Aviation Expert writes: As I commented live on radio and television channels earlier this morning: New aviation minister Lord Ahmad has announced plans to examine the way alcohol is sold at airports amid a spate of plane incidents involving drunk passengers. Over 442 were detained at airports. This figure also includes some drug related and other incidents.
These are figures released under freedom of information requests and show at least 442 people were held after incidents on aircraft between March 2014 and March 2016. To put it in perspective, last year over 251million passengers transited through UK airports.
In February six men on a stag party were arrested by German police after a mid-air brawl caused a Ryanair flight from Luton to Bratislava, Slovakia, to divert to Berlin.
Lord Ahmad said he will review specific regulations of timings of outlets that sell alcohol, and how they operate.
He also pledged to make sure the way in which unruly travellers are stopped from going through airport departure gates is "fit for purpose".
"If you're a young family travelling on a plane, you want to go from point A to B - you don't want to be disrupted," Lord Ahmad said.
"I don't think we want to kill merriment altogether, but I think it's important that passengers who board planes, are also responsible, and have a responsibility to other passengers, and that certainly should be the factor which we bear in mind."
Lord Ahmad, who was appointed aviation minister by Theresa May when she became prime minister earlier this month, highlighted the importance of screening travellers before they board planes.
Following a seemingly unguarded media comment made by the new Aviation Minister, Lord Ahmad, regarding disruptive and rowdy behaviour at UK airports; the comment quickly found its way to Tim Alderslade, Chief Executive British Air Transport Association (BATA) and Ed Anderson, Chairman of the Airport Operators Association (AOA), they reacted and early today (Friday) released a joint statement:
- the Aviation Security Act 1982
- the Civil Aviation Act 1982
- the Aviation and Maritime Security Act 1990 and
- the Air Navigation Order 2005
In addition, Section 92 Civil Aviation Act (CAA) 1982, as amended by the Civil Aviation (Amendment) Act 1996, confers jurisdiction in respect of offences committed on British-controlled aircraft whilst "in flight" outside the United Kingdom and United Kingdom airspace.
Under the same section, courts in the United Kingdom will have jurisdiction in respect of offences committed on a foreign aircraft (except for military aircraft) outside United Kingdom airspace in the following circumstances:
- in the case of an aircraft registered in a foreign country the act or omission must constitute an offence both in this country and under the law in force in that foreign country (the 'dual criminality' test) and
- after the act or omission occurs, the next landing of the aircraft is in the United Kingdom.
- the period an aircraft is "in flight" is deemed to span the period between the first application of power for the purpose of the aircraft taking off until the moment when the landing run ends at the termination of that flight
- the 'dual criminality' test will be deemed to be met unless the defence serve upon the prosecution a notice stating the grounds for their opinion that the test is not met and requiring the prosecution to prove the contrary
- if the aircraft is not registered in any country the 'dual criminality' test will not apply.
- hijacking (section 1)
- damaging or endangering the safety of aircraft (sections 2 and 3)
- dangerous articles on aircraft and in aerodromes (section 4)
- offences relating to security at aerodromes and on aircraft (sections 21(A)-(E)).
- Article 73 prohibits any person acting recklessly or negligently in a manner likely to endanger an aircraft, or any person therein;
- Article 74 prohibits any person recklessly or negligently causing or permitting an aircraft to endanger any person or property;
- Article 75 prohibits any person entering any aircraft when drunk, or being drunk in any aircraft;
- Article 76 prohibits any person smoking in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft;
- Article 77 requires every person in an aircraft to obey all lawful commands which the commander of the aircraft may give for securing the safety of the aircraft and its passengers or for the efficiency of air navigation. This could include, for example, an order to a passenger to switch off a mobile telephone
- Article 78 prohibits every person in an aircraft from using threatening, abusive or insulting words or behaviour or from behaving in a disorderly manner towards a member of the crew of the aircraft. It also makes it an offence for someone intentionally to interfere with the performance of duties by a member of the crew.
- the likely disposal of the case
- the level of danger, actual or perceived, occasioned by the defendant's actions.
The Aviation and Maritime Security Act 1990 (Stones 7-6225) provides for offences relating to security at aerodromes, on ships or fixed sea platforms and at harbours:
- Section 1 is concerned with offences of endangering safety and security at aerodromes;
- Part II provides for offences of endangering the safety and security of ships and fixed platforms. It includes hijacking and destroying ships and fixed platforms
- Sections 37 - 40 provide for offences relating to security at harbour areas and on ships.
JULIAN BRAY +44(0)1733 345581 Aerospace & Incident Management Expert, Journalist & Broadcaster, Aviation Security & Airline Operations, Travel / Maritime & Cruise Industry, NUJ, EQUITY, LIVE ISDN LINK, Broadcast ISDN COOBE ++44 (0)1733 345020 e&oe Old faithful NOKIA: 07944 217476 www.aviationcomment.com