Govts must close legal loopholes on unruly passengers - IATA
Geneva: The International Air Transport Association (IATA) called
upon governments to close legal loopholes that allow unruly passengers
to escape law enforcement for serious offences committed on board
aircraft.
Last week, governments gathered for a diplomatic conference at the
International Civil Aviation Organisation (ICAO) in Montreal to discuss
reforms to the Tokyo Convention. The reforms would enhance the ability
of law enforcement and other authorities to prosecute the small minority
of passengers who are violent, disruptive, abusive, or endanger safety.
The Tokyo Convention was negotiated in 1963 and exercises
jurisdiction over offences committed on board aircraft to the state of
registration of the aircraft.
With modern leasing arrangements, the state of aircraft registry is
often neither the state in which the aircraft lands nor the state of the
operator.
This limits the practicality of enforcement and consequently the
options available to mitigate disruptive behaviour.
For this reason, the airline industry supports proposals for
jurisdiction to be extended to the state in which the aircraft lands and
the state in which the operator is located.
"Airlines are doing all they can to prevent and manage unruly
passenger incidents, but this needs to be backed up with effective law
enforcement. Reports of unruly behaviour are on the rise.
The Tokyo Convention was not originally designed to address unruly
behaviour and there is a great deal of uncertainty among carriers as to
what action the crew can take to manage incidents in the air.
And if the aircraft lands in a state other than where the aircraft
was registered, local authorities are not always able to prosecute,"
said IATA's Director General and CEO Tony Tyler.
"Passengers expect to enjoy their journey incident-free. And air
crews have the right to perform their duties without harassment. In
addition, the inconvenience to other travellers of a forced diversion is
significant. At present there are too many examples of people getting
away with serious breaches of social norms that jeopardise the safety of
flights because local law enforcement authorities do not have the power
to take action.
IATA applauds the work of ICAO and supports the proposed reforms to
the Tokyo Convention. Closing these legal loopholes will better deter
such behaviour and make passengers think twice before acting in ways
that may put the safety of many at risk," said Tyler.
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