Aggressive passengers on flights come under Anac’s crosshairs; see measures under study

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The increase in cases of violence committed by plane passengers in recent months has led Anac (National Civil Aviation Agency) to create a working group to analyze ways to contain the problem.

“After the pandemic, spirits are more exalted. As reported in the newspapers, we had cases of passengers breaking airline counters, disrespecting flight attendants and problems of indiscipline on flights”, comments Tiago Pereira, director of Anac.

Pereira says he does not have precise data, but he has noticed an increase in complaints from airlines, especially from passengers who refuse to comply with health measures, such as wearing a mask on board. There are also cases of revolt against flight rules and confrontations at ticket counters over problems such as canceled or delayed flights and excess baggage.

Anac has included the issue in its regulatory agenda, a space where industry issues are discussed with companies in the sector and society. The expectation is that the decision on the adoption of new rules to reduce the problem will come out by mid-2023.

“We have a study group with airline companies and airports to raise alternatives on how to regulate to solve this problem of undisciplined passengers”, says Pereira. It is also planned to listen to consumer protection entities.

“This involves evaluating what is done in other countries. What companies can do inside the flight, outside or after. If the passenger has committed some kind of indiscipline, can he be penalized? How?”, he continues. very complex problem. On the one hand, I’m trying to generate a sense of security in the other passengers. On the other hand, there are constitutional precepts of the right to come and go.”

One of the possibilities under study is the creation of restriction lists: passengers who cause problems could be prevented from buying tickets in the future, for some time or permanently.

However, many airline routes are operated by just one airline. Thus, if a passenger is prevented from flying by that company, he can claim that he had his right to come and go restricted.

“Obviously a blacklist [lista de restrição] will be discussed. In addition, it is necessary to have a regulation that makes the framework of the situations, to have typifications if it is a crime and how to treat this crime. Today there isn’t, and then it’s loose”, says Dany Oliveira, general director of IATA (International Air Transport Association) in Brazil.

One of the fears of companies is that the adoption of restrictions against aggressive customers will lead to lawsuits against the companies themselves. The large number of lawsuits opened by passengers is pointed out by businessmen as one of the causes of the high cost of airfare, especially international ones.

On a flight to Madrid at the end of November, this reporter witnessed a Brazilian man confront a flight attendant because he wanted to use the bathroom while the plane was taxiing before takeoff. Upon hearing the order to sit down, he began to tease. “Has this rule changed? It’s like Fifa”, joked the traveler. “I’m not FIFA, sir. I’m a flight attendant. Respect me,” replied the employee. “We can’t take off if you don’t cooperate.”

In August, a passenger broke the plane’s seats after having an outbreak on a Gol flight between São Paulo and Recife. Videos show him kicking the trays and backs of three armchairs. There was a suspicion that he was drunk.

The passenger left the plane escorted by the Federal Police. He was booked red-handed for qualified damage, for exposing an aircraft to danger and for preventing or hindering air navigation, whose penalties vary from 2 to 5 years of imprisonment. He was released after a custody hearing and would respond freely.

In November 2021, a couple broke a Gol window at Guarulhos airport after having a canceled flight.

That same month, also in Guarulhos, a couple fought with KLM flight attendants who wanted to deny the boarding of a rabbit in the cabin. Passengers had a court order that gave the animal the right to travel with its owners, despite this going against company rules.

On the consumer side, complaints also increase. According to data from Senacon (National Consumer Secretariat), until November, 112,803 complaints about air transport were registered this year, an increase of 27% compared to the volume of 2021. The most common complaints were difficulty in obtaining reimbursement, canceled flights and misleading advertising.

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