The directorate general of civil aviation (DGCA) on Monday, issued a second show cause notice to Air India for not reporting two incidents on Air 142 flight from Delhi to Paris on December 6, where one passenger urinated on a woman’s blanket when she was in the washroom and another drunk passenger smoked near the lavatory disobeying the crew and civil aviation rules (CAR).
“Air India didn’t report the incident until DGCA sought the incident report from them on 05.01.2023. After perusal of the reply submitted by M/s Air India through email dated 06.01.2023, prima facie it emerges that provisions related to handling of unruly passengers as per DGCA CAR Section -3, Series-M, Part-VI have not been complied with. It has been noted that the response of the airline has been lackadaisical and delayed,” the DGCA said in a statement on Monday.
“DGCA has issued Show Cause notice to the Accountable Manager of M/s Air India as to why enforcement action should not be taken against them for dereliction of their regulatory obligations. However, to follow the principles of natural justice, they have been given two weeks time to submit their reply to DGCA and based on that further action will be taken,” the regulator stated.
The DGCA through its CAR Section -3, Series-M, Part-VI on “Handling of Unruly Passenger” and Cabin Safety Circular 02 of 2010 on “Unruly Passengers/Passenger Rage/Passenger Misconduct incidents reporting procedure”, has mandated reporting such incidents to them.
All airlines are responsible to inform the DGCA, within 12 hours of landing of the aircraft, in case of any incident of unruly Passengers/ passenger rage/ passenger misconduct reported in their flight.
The DGCA clarified that the concerned airline should refer the incident to the internal committee constituting Retired District and Session Judge as Chairman, a representative from a different scheduled airline as Member, and representative from a passengers’ association or consumer association or retired officer of Consumer Dispute Redressal Forum as Member.
According to the unruly passenger CAR, the internal committee should decide the duration of ban for flying of the unruly passenger within 30 days which can extend from zero day to lifetime ban.
“During the pendency of the decision by the internal committee, the concerned airline may ban such unruly passengers from flying for a period not exceeding 30 days. After the decision of the Internal Committee, the airline shall maintain a database of all such unruly passengers and inform the same to DGCA who is the custodian for maintaining the “No-Fly List”. It may be noted that the period for which an unruly passenger can be put on “No-Fly List” is the sole decision of the internal committee of the concerned airline,” the DGCA stated.
