About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (October 19, 2021)

handle is hein.crs/goveere0001 and id is 1 raw text is: Addressing Unruly Airline Passengers 0 October 19, 2021 As airline passengers have returned to flying in increasing numbers following the Coronavirus Disease 2019 (COVID- 19)-related drop in ridership during 2020, the number of reported unruly passenger incidents has increased substantially. Objections to mask requirements and excessive alcohol consumption have been cited as key contributors to the rise in incidents. An uptick in high- profile schedule disruptions as airlines adjust to meet growing air travel demand is another possible factor. The 117th Congress has raised concerns regarding unruly passenger conduct at oversight hearings and through Member correspondence with executive branch agencies; it has not passed related legislation. Incidents Onboard Aircraft In the first nine months of 2021, the Federal Aviation Administration (FAA) received more than 4,000 reports of unruly behavior onboard aircraft, over 3,000 of which have been described as mask-related incidents. FAA has initiated more than 800 investigations of unruly passenger conduct in the first nine months of 2021, more than a five-fold annualized increase compared to recent years in which annual totals were below 200 (see Figure 1). Figure 1. Investigations of Unruly Passenger Conduct Source: Federal Aviation Administration. Note: Annual data, except 2021 data through September. A July 2021 labor union survey of almost 5,000 flight attendants found that 85% experienced unruly passenger behavior during the first half of 2021, including verbal abuse; racist, sexist, and homophobic slurs; threats; and physical violence. More than half experienced five or more such incidents, and 17% of respondents reported being involved in physical altercations. Law enforcement was reportedly informed of about one-third of verbal incidents and about 60% of physical altercations. Incidents at Airports Unruly behavior by airline passengers has not been limited to airplanes. The Transportation Security Administration (TSA) has documented more than 60 cases of passengers assaulting screeners since the pandemic began in March 2020. In January 2021, President Biden imposed a federal mask mandate for domestic and international travel that remains in effect. The mandate requires masks to be worn, in compliance with Centers for Disease Control and Prevention guidelines, in airport terminals as well as onboard commercial aircraft. TSA is charged with enforcing these rules, and passengers refusing to comply may face TSA-imposed fines of $500 to $1,000 for first offenses and up to $3,000 for repeat offenses. It is unclear if any incidents involving TSA agents are tied to the mask mandate, but it does appear that some altercations at airports have involved confrontations about masking. Threats to and assaults on airline customer service agents are not new, and it is difficult to ascertain whether the number of such incidents has been rising. A 2019 Government Accountability Office (GAO) survey of 104 airline customer service agents found that almost all had experienced verbal harassment, about 44% had been threatened verbally, about 21% had experienced an attempted physical assault, and about 10% reported being physically assaulted on the job over the course of the year prior to the survey. Government and Industry Response In the first nine months of 2021, FAA issued more than $1 million in airline passenger fines, averaging more than $15,000 each. While individual airlines keep lists to bar passengers from future flights for egregious violations of their contract-of-carriage terms, including unruly behavior, this information is not available publicly and is not shared with other airlines. The airline industry has indicated that there may be both operational and legal barriers to sharing these lists among airlines. The federal government generally does not bar individuals from flying unless they pose a clear terrorist threat to aviation, in which case they may be placed on the no fly list maintained by the Terrorist Screening Center and checked by TSA. Applicable Statutes and Regulations FAA regulations prohibit interference with flight and cabin crew members. Specifically, 14 C.F.R. §§91.11, 121.580, and 135.120 state that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated. 49 U.S.C. §46318 gives FAA express authority to fine individuals who assault or threaten crew members or any other individual onboard an aircraft or who take any action that poses an imminent threat to the aircraft or people onboard. Language in the FAA Reauthorization Act of 2018 (P.L. 115-254) increased the maximum civil penalty for such violations from $25,000 to $35,000. This penalty is adjusted annually for inflation, and effective May 3, 2021, was set at $36,948 per violation. FAA notes that one incident could result in multiple violations. P.L. 115- 254 also expanded the scope of the statute to include sexual assault in addition to physical assault. ittps://crsreports.congress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most