News Backgrounder
Getting to grips with unruly passengers
December 1st 2019
It has been a long time coming but from January 1, new powers will equip law enforcement officers with legal muscle to prosecute unruly passengers. Read More »
The Montreal Protocol (MP14) or the Protocol to Amend the Convention on Offences and Certain Other Acts Committed On Board Aircraft, is a global treaty that strengthens the powers of states to arrest and charge passengers who misbehave onboard.
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It closes a legal gap in Tokyo Convention 1963, which states jurisdiction over offenses committed on board international flights rests with the state where the aircraft is registered.
The Convention has curbed the powers of law officers to prosecute unruly passengers when an aircraft lands in a country where it is not registered.
Until now, about 60% of passengers who have been disruptive during an international flight have walked free at the end of their journey because of Tokyo Convention 1963. MP14 will come into force following ratification by Nigeria in November, the 22nd state to do so.
Unruly and disruptive passenger inflight incidents run the gamut from physical assault and harassment to smoking and failing to obey crew directions. Such behavior can compromise flight safety, cause significant delays and operational disruption and adversely impact the travel experience and work environment of passengers and crew.
The International Air Transport Association (IATA) welcomed MP14. “The treaty is in force, but the job is not done. We encourage more states to ratify MP14 so unruly passengers can be prosecuted according to uniform global guidelines,” said IATA Director General and CEO, Alexandre de Juniac, earlier this month.
States also should review the effectiveness of the enforcement mechanisms available to them in line with International Civil Aviation Organisation (ICAO) Guidance on Legal Aspects of Unruly and Disruptive Passengers (ICAO Document 10117), IATA said.
The guidance provides information about civil and administrative fines and penalties that can be used to supplement criminal prosecutions of disruptive behavior onboard. Airlines are working on additional measures to prevent incidents or to manage them more effectively when they happen, including enhanced crew training and raising awareness with passengers about the potential consequences of unruly behavior on board.
