DGCA Proposes To Empower Airlines To Ban Unruly Passengers For 30 Days

The Directorate General of Civil Aviation (DGCA) has proposed a zero tolerance policy to streamline aviation discipline by empowering airlines to ban unruly passengers for disruptive acts. Once finalised, the airlines will be able to prohibit any person from flying for up to 30 days for disrupting operations.

Existing Ban Procedure

Under the current framework, any decision to ban a passenger must be referred to an airline-appointed independent committee and the process can take up to 45 days. However, the draft revision to the civil aviation requirements (CAR), released on February 17, aims to bypass existing bureaucratic delays by granting airlines the power to impose immediate bans for specific "disruptive" acts.

Fast-Track Ban Mechanism

The new proposal introduces a fast-track mechanism, under which, airlines will be able to unilaterally ban a passenger for a period not exceeding 30 days for specific disruptive acts. For these specific categories, the matter does not need to be vetted by the independent committee before the ban is enacted.

List of Disruptive Acts

The DGCA has identified several specific acts where airlines can exercise this new summary power. While the draft groups these behaviors into a broader "disruptive" classification, the key violations include smoking onboard, unauthorised alcohol consumption, unruly conduct arising from intoxication, misuse of emergency exit or life-saving equipments, protesting or sloganeering as well as other disorderly behaviour like screaming, annoying other passengers and banging seat backs or tray tables.

Database & Reporting Rules

According to the proposal, airlines will also have to maintain a database of disruptive passengers containing and will have to intimate the DGCA regarding the imposition of a flying ban. However, DGCA clarified that these disruptive passengers will not be placed in the regulator's ‘No Fly List’, which has to be followed by every airline.

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Graded Punishment System

Beyond the immediate 30-day disruptive ban, the DGCA will maintain a graded system for more severe offenses, which will continue to require committee review for longer durations. This includes potential ban duration up to 3 months under Level 1 unruly behaviour, which includes physical gestures and verbal harrasment, to a minimum 2 years to a lifetime ban for Level 4 unruly behaviour for an attempt or breach of the cockpit.

Repeat Offenders Rule

The DGCA added that sale of tickets to persons on no-fly list will not allow them to fly and for every subsequent offence, the person will be banned for twice the period of previous ban.

Appeal Mechanism Detailed

The regulator has also proposed that the person classified as a disruptive passenger by an airline, will be able to appeal to the independent committee within 15 days from the date of imposition of ban. Similarly, the passenger on DGCA's No Fly List will be able to make an appeal within 60 days to the appellate committee constituted by the Ministry of Civil Aviation. The committee's decision will only be challenged in the High Court.

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