FAA ADOPTS STRICTER UNRULY PASSENGER POLICY
February 3, 2021
On January 13, 2021, the FAA amended FAA Order 2150.3C, the FAA’s internal Compliance and Enforcement Program Manual. The change provides for a special emphasis enforcement program applicable to passengers who assault, threaten, intimidate, or interfere with a crewmember in the performance of a crewmember’s duties in violation of 14 C.F.R. §§ 91.11, 121.580, 125.328, or 135.120, or who engage in conduct proscribed under 49 U.S.C. § 46318. These passengers will be addressed with legal enforcement action in the form of a civil penalty including fines of up to $35,000 and imprisonment.
The FAA has recently observed a proliferation of such conduct, including incidents stemming from a passenger’s refusal to wear a mask in response to the COVID-19 pandemic-related health measures in place on board aircraft . While a passenger’s failure to wear a mask aboard an aircraft is not itself a violation of federal law, conduct related to such a failure that results in violations of the codes listed above will be subject to civil penalty in accordance to this policy.
This policy is effective immediately through March 30, 2021.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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