Guidance on Unruly Passenger Prevention and Management - IATA

More documents

Recommendations

Info

This <strong>Guidance</strong> is not intended to replace or to contradict any current State regulations. Air Carriers should always comply with the regulations and requirements of their competent Authority. To order the IATA Security Manual: www.iata.org/publications/Pages/security-manual.aspx or contact securitymanual@iata.org For information on the IATA Security Course for Crew, offered by the IATA Training and Development Institute (ITDI): www.iata.org/training/Pages/index.aspx To order related documents by the International Civil Aviation Organization (ICAO) via their on line store: www.icao.int To reference the IATA Operational Standards Audit (IOSA) Manual: www.iata.org/whatwedo/safety/audit/iosa/Pages/index.aspx To order the IATA Passenger Service Conference Resolutions Manual: www.iata.org/publications/Pages/pscrm.aspx For further information, or to comment of this guidance material, please contact: cabin_safety@iata.org IATA UNRULY PASSENGER PREVENTION AND MANAGEMENT 1 st Edition December 2012 8
This <strong>Guidance</strong> is not intended to replace or to contradict any current State regulations. Air Carriers should always comply with the regulations and requirements of their competent Authority. 2.0 BACKGROUND 2.1 Offences and other acts committed on board aircraft The Tokyo Convention 1963 makes it unlawful to commit “acts which, whether or not they are offences [against the penal law of a State], may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.” The Tokyo Convention is also known as The Convention on Offences and Certain Other Acts Committed on Board Aircraft (See APPENDIX H). The Convention was instrumental in defining offences that now encompass, among others, what we term unruly passenger behavior. The Convention is limited because it only applies to acts or offences which occur while the aircraft is in flight, and is primarily aimed at ensuring the safety, good order and discipline on board the aircraft. The Tokyo Convention also vested authority in the Pilot in Command (PIC). Article 10 of the Tokyo Convention is of specific interest to crew members because it grants them immunity from subsequent legal proceedings for actions taken against a perpetrator: “For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or the operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.” In addition, when The Hague Convention was ratified in 1970, it helped establish criminal jurisdiction of the State of registry over more serious acts and offences committed on board aircraft. ICAO Doc. 8973 – The Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference (Doc 8973 – Restricted) assists Contracting States in implementing Annex 17 to the Chicago Convention by providing guidance on the application of the Standards and Recommended Practices (SARPs) found in the Annex. However, from the crews' perspective, there are three major types of unlawful interference: unruly passengers, hijackings and bomb threats. ICAO Circular 288 <strong>Guidance</strong> Material on the Legal Aspects of Unruly/Disruptive Passengers includes model legislation for States (See APPENDIX G). This draft model legislation includes three Sections of unruly/ disruptive passenger offences committed on board civil aircraft: Section 1: Assault and Other Acts of Interference Against a Crew Member on Board a Civil Aircraft Any person who commits on board a civil aircraft any of the following acts thereby commits an offence: (1) assault, intimidation or threat, whether physical or verbal, against a crew member if such act interferes with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties; IATA UNRULY PASSENGER PREVENTION AND MANAGEMENT 1 st Edition December 2012 9
Page 1 and 2: This Guidance is n
Page 7: This Guidance is n

Guidance on Unruly Passenger Prevention and Management - IATA

Create successful ePaper yourself

Delete template?

Save as template?