Leading Airline Advocacy Group Urges FAA To Take Greater Action To Curb Unruly Passenger Behavior

• Published date: 21 September 2021
• Subject Matter: Transport, Coronavirus (COVID-19), Aviation, Reporting and Compliance, Operational Impacts and Strategy
• Law Firm: Schnader Harrison Segal & Lewis LLP
• Author: Mr Bryant T. Eng

Unruly passengers seem to be on news feeds on a nearly daily basis. Disturbed by this trend, Airlines for America ('A4A'), a trade association representing major North American airlines, wrote a public letter to FAA Administrator Steve Dickson on June 21, 2021 regarding recent increases in unruly passenger
behavior on U.S. airlines. A4A stressed in the letter that airline passengers 'have not received the FAA's 'zero tolerance' message,' alluding to instances of passengers' onboard behavior 'deteriorating into
heinous acts, including assaults, threats and intimidation of crewmembers.'

A4A did not discuss to what extent passenger compliance with COVID-19 mask mandates precipitated recent concern over passenger behavior. In fact, COVID-19 and mask mandates were not referenced in the letter. However, the FAA has received approximately 3,900 reports of unruly passenger behavior since January 2021 - more than 2,800 (or approximately 74% of reports) of which involved passengers refusing to wear a mask. In 2021, and amidst new pandemic-travel norms, the FAA has levied fines totaling more than $1 million, which is already its highest annual fine total ever.

Unruly passenger behavior is governed by 49 U.S.C. ' 46504, which prohibits assault or intimidation of a flight crewmember or attendant that interferes with the performance of a crewmember's duties or lessens the ability of the crewmember to perform those duties. Any act that may place an ordinary, reasonable person in fear is sufficient to constitute an act of intimidation. United States v. Murphy, 556 F. Supp. 2d 12332 (D. Colo. 2008). Courts have interpreted Section 46504 as requiring only an act of assault, intimidation or threat that interferes with performance of a flight crew's duties - it is not necessary that the actual safety of the aircraft be at stake or in...