Potentially dangerous passengers
The "ASG Business Aviation" LLC policy regarding undisciplined and misbehaving passengers
Company policy regarding undisciplined passengers
Nowadays, when threats related to terrorism are increasing, the priority of the "ASG Business Aviation" LLC is to ensure the safety of our passengers, starting from the registration desk, and all the way up to the moment of baggage reclaim at the destination airport. We focus on ensuring the safety of passengers during the flight; therefore we have established the rules of behavior on the board.
Unfortunately, such a negative trend, related to the recent increase in the number of incidents caused by the illegal behavior of individual passengers during flights in the number of countries of the world has not bypassed the Republic of Azerbaijan.
The main policy of "ASG Business Aviation" LLC regarding unruly passengers is not to allow unwanted actions of persons who violate the law and relevant regulations.
In addition, in accordance with the provisions of the Tokyo Convention adopted in 1963, the captain of an aircraft, for the purpose of ensuring the safety of the flight and maintaining discipline on board, possesses the right to drop off any passenger who endangers the aircraft, people or their property, at any location, including the territory of any state where the aircraft lands.
"ASG Business Aviation" LLC, which operates within the framework of international and local legislation, has granted to the aircraft crew an extensive power in order to prevent the illegal actions and to restore the discipline on board.
In case of any aggressive action of passengers, crew members have the right to apply any method, including the use of physical compulsion, in order to take control of the incident and, when landed, to hand those who violated the law and relevant regulations over to the law enforcement agencies or aviation security officers. In addition, in order to restore discipline on board and ensure the safety of passengers, the captain of the aircraft is given the right to execute an emergency landing at any airport located in the nearby area. This incident shall be reported.
Those passengers, who violated the law and relevant regulations on the board of the aircraft, shall be included in the "List of unwanted passengers of the Airline" (it is usually called the "Black list" in the media) for a period of 1 to 10 years according to the level of public danger.
During this period, "ASG Business Aviation" LLC will refuse to deal with the unwanted passengers. The management of the "Customer" company will be notified in advance of that.
In addition to including information about those who violate the law and relevant regulations in the "Unwanted Passengers List", the company reserves the right to demand payment of all costs incurred as a result of illegal actions by such persons in a court of law.
The list of possible illegal actions, which would lead to the inclusion of the passenger to the "Airline's Unwanted Passenger List" includes:
• Refuse to comply with the legal requirements of aircraft crew members;
• Intentional interference with the duties of aircraft crew members;
• Disregarding flight safety (use of electronic devices during take-off or landing, use of mobile phone during flight, refusal to fasten seat belt);
• Verbally insulting crew members or other passengers;
• Verbal threats directed at the life and health of crew members or other passengers;
• Smoking on board;
• Unauthorized contribution of prohibited items and items discovered during security check;
• Any form of physical violence against crew members or other passengers;
• Damage to personal property of crew members, other passengers or the Airline;
• Attempt to open hatches and doors of aircraft without permission;
• Inadequate behavior causing confusion on board or in the terminal area;
• Other actions that endanger the safety of flights or those, which are the subject of the criminal legislation of the Republic of Azerbaijan.
Rights and powers of crew members against unruly passengers during flight
The rights and powers of the crew members of "ASG Business Aviation" LLC against unruly passengers during the flight are established in accordance with the requirements of the current legislation of the Republic of Azerbaijan and the "Crime committed on board the aircraft and some other acts" adopted in Tokyo in 1963.
"ASG Business Aviation" LLC ensures of "Passenger Safety Map" instructions designed for passengers are available on board. Before the flight, the flight attendant briefs the passengers on the safety rules in the aircraft.
In the following cases, the captain of the aircraft may decide that person has committed or intend to commit a crime, or an act of unlawful interference:
• Violation criminal law.
• When the act is not related to the crime, but poses a danger to the aircraft, people and property.
• When the rules and discipline established on board the aircraft are violated as a result of the action.
The captain of the aircraft shall be informed by the flight attendant about the presence of an unruly passenger on board the aircraft, and the captain of the aircraft or the flight attendant warns the passenger not to engage in actions that may affect the safety of the flight, as well as violations of established rules and laws. The passenger shall be notified of the impact of his illegal actions on the flight safety, the responsibility before the law, and as well shall be informed about the rights and powers of the captain of the aircraft. If the passenger heeds the warning of the crew members and acts in accordance with the established rules and laws, then the flight continues.
The captain of the aircraft takes all necessary measures in order to ensure the safety of the aircraft, passengers, crew members and property, prevent illegal actions and restore order with later turning the person involved in the disorderly behavior over to the law enforcement authorities or aviation security officers. To perform these duties, the crew members had the following rights and powers:
• The captain of the aircraft may require assistance from other crew members or authorize their attempts to prevent unruly actions.
• If the passenger exposes aggression and disobey, the captain or person authorized by him may take measures regarding the application of restraints against him. They may use a set of plastic straps on the board of the aircraft to tie the misbehaving passenger.
• The captain of the aircraft may request, but not demand, the assistance of passengers to prevent unruly acts.
• If a crew member or a passenger is reasonably certain that the other person's actions are dangerous to the aircraft, people or property, then the unauthorized actions are considered to be justified in order to prevent unruly actions.
• The captain of the aircraft may decide to execute an unplanned landing at one of the nearby airports.
• The person committing unruly acts shall be handed over to the law enforcement authorities at the landing airport, and after the passenger leaves the aircraft, the aircraft shall be re-inspected in accordance with Chapter 6.14.2.
At the end of the flight, the captain of the aircraft submits an official report to the director of the airline detailing the passengers who engaged in unruly behavior and the actions taken by the crew to prevent the unruly behavior.
According to the decision of the general director of the airline, passengers who committed unruly actions may be included in the airline's "Unwanted Passenger List" and in the future those persons may be banned from using the services of the airline. At the same time, depending on the actions of the passenger and the damage caused, the general director of the airline may appeal to the judicial authorities regarding undisciplined actions, which might result in administrative responsibility of passenger in accordance with the current legislation of the Republic of Azerbaijan.
According to the provisions of the Tokyo Convention, the airline, crew members and passengers assisting them are not responsible for the actions taken against passengers who commit illegal or unruly acts to prevent indiscipline during flight.
Responsibilities of staff regarding the actions of an unruly/aggressive passenger on the ground (accompanying person).
When a passenger (accompanying person) behaves rudely towards the staff, or his actions are contrary to the aviation rules, which may ultimately affect the safety of the flight, the personnel working at the "ASG Business Aviation" terminal (airline executives, IT staff, ground staff) service personnel, registration agents) give him a verbal warning. During the warning, the rights and authorities of the personnel, as well as the responsibility of the unruly passenger before the law are conveyed to the passenger.
If the passenger (accompanying person) ignores the warning, the employee of the aviation security service reports of unruly passenger. After filling out the report the aviation security officer hands the unruly person to the law enforcement authorities for further investigations.
Refuse to carry the relevant passenger in the following cases:
In case of violations of the rules that may harm the safety of flights by the passenger;
When it is necessary to take measures aimed at the prevention of crime within the framework of criminal law;
When the passenger's behavior on the aircraft causes inconvenience to other passengers, crew members and violates the necessary rules and discipline on the aircraft.