US airline agency refers 80 unruly passengers for potential prosecution

Justice Department prosecuting record number of passengers for interfering with flight crews

The US Justice Department has pledged to take a tough line and some airlines and labour unions have called for a 'no-fly' list. Bloomberg
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A total of 80 unruly passengers have been referred to the FBI for potential criminal prosecution, the Federal Aviation Administration (FAA) said, as on-board disruptions rose sharply in 2021, many over Covid-19 mask requirements.

The US Justice Department has pledged to take a tough line and some airlines and labour unions have called for a “no-fly” list that would ban passengers with a record of disruptions.

The increase in cases is tied to pandemic restrictions that have prompted friction on planes.

“We do not tolerate behavior that puts the safety and security of airport and airline personnel, and the traveling public at risk,” said Secretary Alejandro N. Mayorkas.

“We will continue to use our authorities to hold accountable those passengers that intentionally violate our safety and security rules and regulations, including by issuing fines, referring individuals for criminal prosecution, revoking access to trusted traveler programs, and denying boarding when appropriate.”

The FAA, which said last year it had referred 37 passengers to the FBI for review, said about 4,600 of the 6,400 unruly passenger reports it has received since the start of 2021 through February 15 involve passengers not wearing a mask as required.

The Justice Department said it was prosecuting a record number of passengers for interfering with flight crews.

In the 2019 budget year 20 people were charged, followed by 16 in 2020 and a record 21 in 2021. The department said nine have been charged in the first four months of the current budget year.

FAA Administrator Steve Dickson on Wednesday announced that he will be stepping down from the role next month to spend more time with his family.

Asked if Transport Secretary Pete Buttigieg or the White House had pressured him to step down, Mr Dickson said no, “in fact, they asked me to stay".

Delta Air Lines chief executive Ed Bastian this month asked US Attorney General Merrick Garland to place passengers convicted of on-board disruptions on a national “no-fly” list that would bar them from future travel on any commercial airline.

Mr Bastian said the action would “help prevent future incidents and serve as a strong symbol of the consequences of not complying with crew member instructions on commercial aircraft".

FAA Administrator Steve Dickson says he has 'made the very difficult decision to step down, effective March 31. AP

Delta has placed nearly 1,900 people on its “no-fly” list for refusing to comply with masking requirements and submitted more than 900 banned names to the Transportation Security Administration to pursue civil penalties, Mr Bastian said.

Sara Nelson, president of the Association of Flight Attendants-CWA, which represents about 50,000 flight attendants at 17 airlines, said her union urges “the creation of a centralised list of passengers who may not fly for a period of time after being fined or convicted of a serious incident".

The Justice Department said it is giving priority to investigations and prosecutions of people who commit crimes that threaten the safety of passengers, flight crews and flight attendants.

Airlines have been holding discussions for months with federal agencies on the possibility of a nationwide “no-fly” list but there is no indication of any imminent action.

A group of eight Republican senators on Monday wrote to Mr Garland, criticising Delta's “no-fly” proposal. They said it would “result in a severe restriction on the ability of citizens to fully exercise their constitutional right to engage in interstate transport".

Reuters contributed reporting

Updated: February 17, 2022, 10:39 PM