BREAKING NEWS: NEW AVIATION MINISTER TO GET TOUGH OVER DRUNK 'DISRUPTIVE PASSENGERS' AT UK AIRPORTS

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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: 

Last year over 251 million passengers passed through UK airports. Thankfully incidents of disruptive behaviour are a very rare occurrence, but where they do happen the impact can have serious consequences for fellow passengers, employees working in the air and at the airport, as well as for the disruptive passengers themselves.

These incidents can be costly and cause delays. As an industry we take a zero tolerance approach to disruptive passenger behaviour. That is why we have all - airlines, airports, duty free retailers, bar and pub managers, and the police - come together to develop the a voluntary Code of Practice. 

This sets out how we can work collectively and individually further to reduce incidents of disruptive behaviour, and act to minimise the impact where they do occur despite our best combined efforts to prevent them.

We are committed to ensuring passengers have a consistently safe and enjoyable experience when travelling and to providing a safe and pleasant work environment for our employees.

Ultimately, we need the message to go out that all passengers are responsible for their own behaviour and that causing disruption on-board an aircraft is an illegal offence which can carry a heavy penalty, such as a travel ban, fine, or even a prison sentence.

Julian Bray adds: In effect, the ground legally is pretty well prepared, most offences committed by passengers being subject to the Air Navigation Order 2005 but depending on the circumstances, a variety of severe legal remedies can be applied, and the penalties are very severe, can include a criminal record and jail time. In addition life bans from flying may also be widely imposed, some collectively by air operators.

Such criminal behaviour, especially in the air, may well endanger the safety of the craft in which it occurs. Prosecutors have several options,  of considering charging offensive weapon or public order offences, or offences against the person.

• the Aviation Security Act 1982
• the Civil Aviation Act 1982
• the Aviation and Maritime Security Act 1990  and
• the Air Navigation Order 2005

These statues specifically deal with offences committed on or at aircraft; aerodromes; ships; fixed sea platforms; and harbours.

Courts in the United Kingdom also have powers to deal with offences which are committed on-board any aircraft, whilst on the ground, or in the air over the United Kingdom.



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 following points clarify matters:

• 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.

Part 1 of the Aviation and Security Act 1982 (Stones 7-5433 to 7-5436) provides for offences against the safety of aircraft, including:

• 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)).

The CAA regulates the safety of civil aviation. In particular, the Air Navigation Order 2005 (ANO), made under section 61 of the CAA creates a number of offences designed to secure the safety of civil aircraft, some relate to the conduct of passengers and air traffic controllers as well as to aircrew:

• 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.

There is a choice of proceeding under the CAA or the ANO. Some offences under the CAA are summarily only, whereas an equivalent offence under the ANO may well be triable either way, such as offences under Articles 73, 74 and 75. Therefore considerations are:

• the likely disposal of the case
• the level of danger, actual or perceived, occasioned by the defendant's actions.

If reviewing a case involving the issue of aircraft safety, the Civil Aviation Authority is consulted..


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.

BATA Code (Disruptive Passengers) : http://www.bata.uk.com/wp-content/uploads/2016/07/The-UK-Aviation-Industry-Code-of-Practice-on-Disruptive-Passengers-FINAL.pdf

RYANAIR DIVERTS TO BERLIN TO OFFLOAD DRUNKS:  http://julianbrayrecessionbuster07944217476.blogspot.co.uk/search?q=Ryanair,+Berlin,

Air Incidents: http://julianbrayrecessionbuster07944217476.blogspot.co.uk/search?q=passenger,police,



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