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DGCA proposes tougher new rules to tackle unruly flyers
The proposed norms will apply to all Indian airlines, domestic and international, all airport operators within Indian territory.
New Delhi: Civil aviation regulator, the Directorate General of Civil Aviation (DGCA), in a draft made public on Wednesday, proposed changes that revise the regulatory framework for dealing with unruly flyers and also disruptive ones (a new category it creates), sharpening enforcement, widening the scope of punishable acts, and revising the penalty architecture.
It has also proposed a faster mechanism that allows airlines to directly impose short term flying bans of up to 30 days on disruptive flyers. The draft was placed in the public domain on Wednesday for stakeholder comments till March 16 and comes against the backdrop of a surge in incidents involving unruly passengers.
If passed, the draft Civil Aviation Requirement (CAR) will replace the 2017 rules.
The proposed norms will apply to all Indian airlines, domestic and international, all airport operators within Indian territory, and all passengers during air travel to and from India, DGCA said.
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Recognising that unruly behaviour may stem from unsatisfactory service or a build-up of such events, the regulator has proposed that airline staff identify early signs of potential misconduct. Airlines have also been asked to create awareness by prominently displaying regulations related to unruly passengers in airport terminals. The draft norms have also proposed to broaden the list of acts that can trigger action. In addition to alcohol-fuelled misbehaviour, smoking and refusal to follow the pilot-in-command’s instructions, which are already covered under current rules, it has proposed to specifically include use of electronic smoking devices, sloganeering or protests, tampering with aircraft parts, and riotous conduct.
A key structural change is the introduction of a new “Level 4” category for attempted or actual breach of the cockpit highlighting the gravity of this violation. Under the existing framework, cockpit breaches fall under Level 3, which covers life-threatening behaviour.
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Level 3 and Level 4 offences, under the proposed norms, can attract a ban of two years or more.
The draft also proposes a distinction between “unruly” passengers and “disruptive” ones. Passengers declared “disruptive” may face a flying ban of up to 30 days imposed directly by the airline, without reference to an independent committee set up by the airline according to the draft rules.
Such disruptive behaviour includes smoking on board the aircraft, consumption of alcohol on board a domestic flight or an international flight, except when such alcohol is served by the cabin crew, misuse of an emergency exit or unauthorized use of life-saving equipment, including life jackets, engaging in protests or sloganeering, unruly conduct arising from intoxication, any other disorderly or disruptive behaviour, including but not limited to screaming, causing annoyance to other passengers, or kicking or banging seat backs or tray tables. Airlines will have to maintain a database of disruptive passengers and intimate DGCA regarding the imposition of a ban on them. “However, such disruptive passengers shall not be placed in the ‘No Fly List’ by DGCA,” the draft clarified.
Under the 2017 rules, all cases were referred to an internal committee constituted by the airline, which had 30 days to determine the category and duration of the ban. Pending its decision, airlines could impose a temporary ban of up to 30 days. Renaming the body as an “independent committee” and extending the decision timeline to 45 days, DGCA has proposed to increase the interim ban duration to 45 days.
Passengers placed on the no-fly list following a committee’s decision can face bans ranging from up to three months for Level 1 offences, up to six months for Level 2 ones and two years or more for Level 3 and Level 4 cases.
Another change in the draft states that once a passenger is placed on the no-fly list following a committee’s decision, all other airlines will be required to follow suit, which is currently optional.
DGCA has also proposed that while passengers placed on the no-fly list can appeal within 60 days to an Appellate Committee constituted by the civil aviation ministry, those classified as disruptive and banned directly by an airline can appeal within 15 days to an independent committee set up by the airline. It also empowers the Bureau of Civil Aviation Security and the Central Industrial Security Force to take action in cases of disruptive behaviour at airports.
