travellers checks Spring 2003 contents Air rage 1 The C ivil - PDF document

Lawyers to the travel and leisure industry travellers’ checks Spring 2003 contents Air rage 1 The C ivil 3 Aviation Authority Mediation – an alternative 6 means of res olving claims C ompetition is s ues 7 S chool tours 8 a ques tion of s afety Who to contact 8 HAPPY NEW YEAR! Air rage – an increasing phenomenon Welcome to the first edition of Travellers’ Checks for Conviction for Endangering faced a maximum two year jail term under 2003. The New Year brings Safety of Aircraft measures introduced by the Air Navigation a new look to Travellers’ In S eptember last year an airline passenger Order 1995. J udge Timothy Mort said “ This Checks which we hope you who insisted on playing a computer game sentence must be imposed to deter other will enjoy. It also marks on his mobile phone was jailed for four people,” and called for the seizure of all months. Mr Chopdat was returning from his mobile phones from passengers boarding the official launch of our honeymoon in E gypt when he was seen flights to ensure air safety . expanded Travel and Leisure with his mobile switched on. It is believed he Industry Group which now was playing a game. He had been warned The jury was told that mobile phones includes a number of other twice by cabin staff and once by a passenger transmit radio signals that can interfere with to switch off the phone, triggering an an aircraft's navigational system, potentially industry specialists across argument during the Air 2000 flight on with fatal consequences. S entencing the firm, providing you with which there were 206 other holidaymakers Chopdat, the judge said there had been 20 a full range of legal services. and six cabin crew. It was alleged that recorded incidents involving mobile phones We will be issuing a “who's Chopdat became aggressive and threatened aboard flights. One caused the autopilot to to slap another passenger before the crew malfunction and another affected radio who” guide in the next radioed ahead to Manchester to secure Mr transmissions. few months. For details of Chopdat's arrest upon his arrival. Chopdat our seminar please see the Reporting Incidents was found guilty by a jury of endangering back page. the safety of an aircraft, and could have Most reported cases are of a more www.ngj.co.uk

travellers’ checks Custodial Sentences ...Air rage continued That sentence is indicative of the confrontational nature. S ince 1999, at the increasingly dim view that the courts are request of the Department for T ransport, UK taking of individuals who believe they are a airlines have been reporting incidents of law unto themselves. T ake the sentences disruptive behaviour on board their aircraft handed down to Messrs Chopdat and to the CAA on a common reporting basis. In Whitehouse for their mobile phone the year to 31 March 2002 a total of 1055 indiscretions, and add to them other incidents were reported. These ranged from examples such as Mr J ames Ryan, who minor infringements to serious misbehaviour. unsuccessfully appealed in 2001 against a P utting the figure in context, during the 12 15 month prison term for smoking in the month period covered by the data, UK lavatory of an aircraft, or Mr J ulian Ayodeji, airlines operated about 1.1 million passenger who received 8 months for being drunk on flights and carried about 104 million an aeroplane. In addition, the attack on Ms passengers. In that period only 52 ‘serious’ Weir resulted in the government amending incidents were recorded but there is an the Air Navigation Order to ban passengers increase in incidents. from interfering with crew at work, in what can be seen as part of a bigger picture of a Financial Cost system fighting back. Incidents of air rage can have a serious Operators’ Liability detrimental effect on the smooth running of flights, and such occurrences represent a This is good news for the travel industry, severe financial penalty where forced landing as it should mean that even if tour Incidents of air rage can have or divert becomes an inevitable operators decide not to sue consequence. According to the reports troublemakers the culprits should not get a serious detrimental effect submitted by airlines, anywhere between 6 away with their misdeeds. It is to be and 13 aircraft a year have to divert when hoped, moreover, that the recent string of on the smooth running of in the air, while another 3 to 10 are forced convictions will deter future incidents. A to discontinue taxi or take-off procedures problem for operators arises if other flights. And represesent a and return to their stand. S chedules are passengers are injured. For example, if a then disrupted and flights delayed. passenger becomes involves in a fight and severe financial penalty Depending on the severity of the delays, hits another passenger, or gets drunk and airlines or operators may then be faced with trips over a trolley, this may result in an where forced landing or compensating irate passengers whose injury and the operator could be sued for holidays may have been ruined as a result of damages. Regulation 15 of the Package divert becomes an inevitable troublemakers. Then comes the Catch-22 T ravel Regulations renders an operator choice of whether to sue the individual or to liable for the acts and omissions of its consequence accept the loss and so avoid the time and suppliers i.e. the carrier. It could be expense of a civil court case. argued that the carrier’s conduct led to the incident if, for example, the carrier Incidents of violence are all too common, passengers have been threatened, punched, had allowed a passenger to consume such as the case of the banker who choked and worse – in November 1998 an copious amounts of alcohol. assaulted an attendant before defecating on air stewardess, F iona Weir, was left scarred a first-class food cart, or the group of for life when a drunken tourist attacked her All the indications are that operators will be drunken tourists on an Airtours flight who with a broken vodka bottle on board a flight aided in their battle against air rage by the were apparently so unruly over the Atlantic to Malaga. In 2001 the attacker was jailed authorities, especially the courts, who have that the crew enlisted the help of a wrestling for four years and ordered to pay £6,000 clearly rejected the idea that the customer is team to restrain them. Cabin crew and compensation to Ms Weir. always right. 2