Consumers have advocated to pass a bill which is referred to as the Passenger’s Bill of Rights which would require an airline to provide certain basic amenities on airplanes. In addition, the airlines may be required to compensate a passenger who has to sit on a runway for hours when their plane is delayed.
Despite these efforts, currently there are no federal laws which institute a bill of rights for airline passengers.
In addition to the protections that are provided by tort laws, there are some states which have attempted to allot additional protections to their residents. The State of New York, for example, has passed an airline passenger bill of rights law which provides for additional protections for passengers who are wronged by airlines.
A federal appeals court, however, overturned this law on the grounds that only the federal government has the authority to regulate the airline industry.
In certain cases, it may be possible for an airline passenger to recover certain damages. Common situations in which an airline may be liable include:
Disruptive behavior by airline passengers includes any behavior which interferes with the duties of the airline crew. Disruptive behavior by airline passengers may include, but is not limited to:
The penalties for disruptive behavior by an airline passenger may vary depending upon the type of law which applies. Federal laws apply to incidents of disruptive passenger behavior which occur within the United States on a closed door aircraft.
A closed door aircraft is an aircraft which is not connected to a walkway ramp that leads to the airport. If a disruptive incident occurs while the aircraft is still connected to that walkway by means of an open door, the laws of the local jurisdiction will apply.
Pursuant to international laws, if a passenger causes a disruption, the country to which the aircraft arrives may prosecute the passenger, regardless of the origin location of the flight. This means that a disruptive passenger who arrives in the United States is subject to federal laws.
Federal laws provide severe penalties for disruptive behavior by an airline passenger. If the passenger engages in disruptive behavior, the airline can file a report with the Federal Aviation Administration.
If the federal government files charges, a passenger may be subject to civil and criminal penalties. These penalties may include a civil fine of up to $1,100 and a criminal fine of up to $10,000 for each violation of federal aviation law.
Other criminal sanctions may include a prison term of up to 20 years if the passenger was not armed and a life sentence if the passenger was armed. Passengers may also be placed on the no-fly list.
After the terrorist attacks of September 11, 2001, the United States federal government took numerous steps to prevent as well as to combat terrorism in the country. Among the numerous changes implemented, the No Fly List was enacted.
The No Fly List is maintained by the Terrorist Screening Center (TSC). This No Fly List bans individuals who are placed on that list from boarding any commercial aircraft for travel into, within, or out of the United States.
It is important to note that if an aircraft is boarded by an individual who is on the no fly list, it may be diverted away from United States air space, as has occurred in the past. The No Fly List aims to combat terrorist as well as serves to provide other protections.
The No Fly List prohibits certain registered sex offenders as well as suspected and convicted drug traffickers from flying into, within, or out of the United States. As with any other system, the No Fly List is not without fault.
Individuals who do not have any ties to terrorism or individuals who do not have criminal records have found themselves unable to board a flight. A simple clerical error may result in an unsuspecting innocent citizen being placed on the No Fly List.
It is important, however, to remember that the chances of an individual accidentally being added to the No Fly List are slim. If an individual is placed on the No Fly List, having their name removed from that list may be quite difficult and may pose some serious legal challenges.
No, the public cannot view the No Fly List. In numerous cases, individuals who are on the No Fly List are not aware that they are prohibited from flying.
In 2014, the Americans for Civil Liberties Union (ACLU) filed a lawsuit on behalf of individuals whose names were placed on the No Fly List. The court ruled in favor of the plaintiffs, or individuals placed on the list.
As a result of this case, the United States government announced that it would inform citizens of the United States as well as lawful permanent residents if they are placed on the list as well as offer them a possible reason why they would have been placed on the list. Even though the ruling on the case discussed above challenged the constitutionality of the No Fly List, litigation is still online regarding the issue because of national security risks.
It may still be necessary for individuals to purchase tickets and attempt to board a flight as the only means to determine if they have been placed on the No Fly List.
There are numerous activities for which airlines may be liable, including:
Airplanes are considered common carriers, similar to a bus or a train. Airlines have a duty to ensure that their passengers reach their destination safely.
Although the specifics of this duty may vary by state, in general, an airline is required to act reasonably to prevent harm to the passengers. This reasonable care standard may be weighted against the standards of the industry to determine if a particular airline or the employees of that airline, acted properly.
If you have any issues, questions, or concerns related to disruptive behavior on an airline, it may be helpful to consult with a liability lawyer. Because these issues are governed by international, federal, and local laws, aviation law is very complex.
Because of this, it is important to have an attorney assisting with your case, especially if you have been accused of being a disruptive passenger. As noted above, the penalties may be severe.
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