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Advisory Circular

Subject:
Issuing Office: Activity Area: File No.: RDIMS No.:

Guide for Implementing Regulations Regarding Unruly Passengers and Incidents of Interference with a Crew Member
Standards Rulemaking A 5500-23-18U 2530919 V12 TABLE OF CONTENTS AC No.: Issue No.: Effective Date: 700-010 01 2009-03-18

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INTRODUCTION.............................................................................................................................. 2 Purpose............................................................................................................................................ 2 Applicability ...................................................................................................................................... 2 Description of Changes.................................................................................................................... 2 REFERENCES AND REQUIREMENTS ......................................................................................... 2 Reference Documents ..................................................................................................................... 2 Cancelled Documents ...................................................................................................................... 3 Definitions and Abbreviations .......................................................................................................... 3 BACKGROUND............................................................................................................................... 3 NEW REGULATIONS ..................................................................................................................... 4 Refusal to Transport......................................................................................................................... 5 Procedures....................................................................................................................................... 6 Training ............................................................................................................................................ 7 Reporting Incidents of Interference with a Crew Member................................................................ 8 CONCLUSION ................................................................................................................................. 8 CONTACT OFFICE ......................................................................................................................... 9

APPENDIX A INCIDENT REPORTPASSENGER EXHIBITING UNRULY BEHAVIOUR ..................... 10

Guide for Implementing Regulations Regarding Unruly Passengers and Incidents of Interference with a Crew Member 1.0 INTRODUCTION This Advisory Circular (AC) is provided for information and guidance purposes. It may describe an example of an acceptable means, but not the only means of demonstrating compliance with regulations and standards. This AC on its own does not change, create, amend or permit deviations from regulatory requirements, nor does it establish minimum standards. 1.1 Purpose This AC is intended to provide air operators with additional information to help them in the development of their procedures regarding unruly passengers and incidents of interference with a crew member. 1.2 (1) Applicability The section that refers to the refusal to transport a passenger (see point 4.1 Refusal to Transport in this document), published in Part VI, General Operating and Flight Rules, of the Canadian Aviation Regulations (CARs), encompasses all operators, including private operators and foreign operators operating in Canada. All other sections of the regulations and related standards apply to air operators governed by Part VII, Commercial Air Services, and more specifically, subpart 5, Airline Operations. Description of Changes Not applicable. 2.0 2.1 REFERENCES AND REQUIREMENTS Reference Documents It is intended that the following reference material be used in conjunction with this document: (a) (b) (c) (d) Aeronautics Act sections 4.76, 4.81, 4.82, 7.31 and 7.41; Public Safety Act, 2002, Canada; Canadian Aviation Regulations (CARs) sections 602.04, 602.05, 602.06; Report from the Working Group on Prohibition Against Interference with Crew Members, June 20, 2000:
www.tc.gc.ca/CivilAviation/commerce/CabinSafety/WorkingGroup/report/menu.htm;

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Canadian Transportation Agency (CTA) Tariffs: http://www.otc-cta.gc.ca; Federal Aviation Administration (FAA) Code of Federal Regulations, Part 91, 91.11, Prohibition on interference with crew members; Federal Aviation Administration (FAA) Code of Federal Regulations, Part 121, 121.580, Prohibition on interference with crew members; Federal Aviation Administration (FAA) Code of Federal Regulations, Part 135, 135.120, Prohibition on interference with crew members; ICAO Circular 288Guidance Material on the Legal Aspects of Unruly/Disruptive Passengers; Transport Canada Publication, TP 13378, Interference on board an aircraft will not be tolerated;

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Transport Canada Publication, TP13734E, Unruly Airline PassengersThe Police Response; Transport Canada Publication, TP13381, Did you know that unacceptable behaviour is NOT tolerated! Transport Canada Publication, TP13382, Interference with crew members is NOT tolerated! Disruptive passengersAn increasing hazard, Royal Aeronautical Society, Cyprus Branch, Nicosia, Cyprus, October 22, 1999; and Smart Serve Ontario, Responsible Alcohol Beverage Service Training: www.smartserve.ca

Cancelled Documents With the publication of this AC, the following document is cancelled: (a) Commercial and Business Aviation Advisory Circular (CBAAC) 0166Managing Disruptive and Unruly Passenger Behaviour.

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Definitions and Abbreviations The following definitions and abbreviations are used in this document: (a) Interference with a crew memberAny action or statement set out in the levels listed in section 705.175 of the CARs by a person on board or about to board an aircraft that distracts or prevents a crew member from the performance of their assigned safety responsibilities. Operational personnelAn air operators employees whose duties require that they interact directly with a person on board or about to board an aircraft, and includes crew members, gate and check-in staff and their direct supervisors. This definition does not include baggage handlers or catering personnel, unless the operator decides to include them in their training. AC: Advisory Circular ATAC: Air Transport Association of Canada CARAC: Canadian Aviation Regulation Advisory Council CARC: Civil Aviation Regulatory Committee CARs: Canadian Aviation Regulations CASO: Commercial Air Service Operations CASS: Commercial Air Service Standards CTA: Canadian Transportation Agency TCCA: Transport Canada Civil Aviation

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BACKGROUND In the mid-1990s, several incidents involving unruly passengers, also called air rage, made headlines and raised public interest in the matter. Following these incidents, the Air Transport Association of Canada (ATAC) expressed concern during a meeting of the Canadian Aviation Regulation Advisory Council (CARAC) Commercial Air Service Operations (CASO) Technical Committee. 3 of 11 AC 700-010 Issue 01

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ATAC was worried about the lack of regulatory support for airlines when confronted with passengers exhibiting unruly behaviour. (3) Air operators currently publish in their tariffs, the conditions under which passengers may be refused transport. These tariffs are under the jurisdiction of the Canadian Transportation Agency (CTA). Among other things, the CTA is responsible for determining if the refusal to transport a passenger complies with the conditions included in the operators tariffs. Regulatory support available through CTAs regulations deals primarily with the appeal process available to passengers and the conditions allowing operators to deny boarding when deemed necessary. Even with the CTAs regulations, it was felt that there was still a void in regulatory support for air operators employees having to deal with passengers exhibiting unruly or harmful behaviour, and causing incidents of interference with crew members. It was determined by CARAC members that the issue of unruly passenger behaviour needed to be studied. With that determination, the Working Group on Prohibition Against Interference with Crew Members was created. Members of this Working Group represented a variety of expertise. Their mandate was to define instances of abusive and unruly passenger behaviour, determine the need for a zero tolerance policy for unruly passengers, and recommend an effective strategy to reduce the number of incidents of interference with crew members. Once their mandate completed, the Working Group filed a final report that contained 11 recommendations. The Civil Aviation Regulatory Committee (CARC) accepted the recommendations and implementation began. These recommendations can be categorized as raising the travelling publics awareness and, amending Canadian regulations. The awareness campaign was carried out using various mediums, such as posters in airports and explanatory brochures and pamphlets included with passengers tickets. The Public Safety Act, 2002, introduced in the House of Commons after the events of September 11, 2001, brought about amendments to the Aeronautics Act. With the advent of this new law, any behaviour that may endanger the safety or security of a flight or a person on board, by interfering with crew members or persons who are following the instructions of a crew member, is now recognized as an offence. This makes it easier to undertake legal action against passengers who exhibit unruly behaviour. The remaining recommendations were implemented with the publication of the new regulations on Interference with crew members. With the publication of the regulations in the CARs, the regulations of the two entities providing legislative support to operators, namely the CTA and Transport Canada Civil Aviation (TCCA), complement each other in order to provide the travelling public with a safe and efficient air transportation system. For more information on the CTA, please visit their Web site at: www.cta-otc.gc.ca/. NEW REGULATIONS Although each of the following sections provides information according to the different regulations, they are all interdependent for commercial air operators, and should be considered as a whole when establishing procedures relating to them. Section 4.1 of this AC, is the only section that applies to all operators, private and commercial. However, it should be noted that even if the other sections are specific to air 4 of 11 AC 700-010 Issue 01

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operators operating in accordance with subpart 705 of the CARs, they contain information that all operators may find useful when drafting guidelines for the refusal to transport one or more passengers. (3) 4.1 (1) This information can also help air operators provide employees with the tools necessary to manage situations of unruly passengers and interference with a crew member. Refusal to Transport Section 602.46 of the CARs, Refusal to Transport, give air operators and private operators, the responsibility to refuse to board any person displaying behaviour that may present a risk to the safety of the aircraft, persons on board the aircraft, or their property. To ensure procedures are effective, operators will need to consider all aspects of managing an incident, including the prevention, recognition and reporting of disruptive behaviour which may occur at any time during check-in, in the departure area, while on the ramp as well as on board the aircraft (for passengers continuing on to other flights). Even though incidents where passengers exhibit unruly or disruptive behaviour often begin once on board or after take-off, early signs of a possible problem may arise before boarding and should, whenever possible, be identified at that time. For example, aggressive, loud, obnoxious behaviour during check-in or in the departure area, may lead to more significant problems on board. Generally, any behaviour that prevents personnel from completing their tasks is a good sign that a situation may deteriorate and affect the safety of a flight. In order to implement this article adequately, operators should consider all aspects of a situation to properly evaluate the different conditions under which a passenger may be denied boarding. These considerations should include, among other things, the passengers attitude, possible triggers and attempts to solve the problem. This particular regulation is not meant to be a way of banning a passenger for life, but rather a way to offer crew members a safe workplace, and passengers safe transport to their destination. When establishing conditions for the refusal of passengers, the operator should be clear as to when and under what conditions passengers will be allowed on board after an incident has occured. A pamphlet listing types of behaviour that are considered unacceptable on board an aircraft, available free of charge from Transport Canada has been used by several Canadian air operators for a number of years. These pamphlets may be ordered through Transport Canadas Web-based storefront at http://shop.tc.gc.ca/. This pamphlet is distributed to passengers with their travel documentation. It is clearly indicated under what circumstances transport may be denied, and the possible consequences that may follow, which may include fines, imprisonment or both. It may also be used as a reference document for preparing policies dealing with the right to refuse access on board an aircraft (see section 2.1(j), Reference Documents). For air operators who use electronic check-in, this pamphlet can be placed on the counter for easy distribution to passengers.

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Whenever a decision is made to refuse to transport a passenger, all other employees in contact with this passenger should respect that decision. Since the employee who denies boarding to a passenger is the one with all the facts and the most complete information, their decision is based on the whole situation. It is important that the operators policies be clear on this as a reversal of the decision could seriously affect the safety of the flight and the occupants of the aircraft. This is especially true when a crew member determines that a passenger should be deplaned and a ground personnel employee reverses the decision and lets them proceed on their scheduled itinerary. Passengers exhibiting unruly and disruptive behaviour are a much bigger threat in the air than on the ground. All employees who meet the criteria of operational personnel should have the same decision-making authority with respect to refusing to transport passengers. When confronted with a passenger exhibiting unacceptable behaviour, it is important that the employee be in a position to give that passenger the necessary information with respect to the consequences of his or her actions, and options regarding the possibility of travelling. Passengers who are informed and aware will understand the consequences of their actions better than passengers who are refused access to board an aircraft without any explanation. When passengers are not provided with sufficient information, their response may be more aggressive than expected and the situation may escalate if the employees reaction does not consider the passengers viewpoint. For example, the employees reaction to the passengers request may display an attitude of nonresponsibility or caring given the pressures of on-time departure, long line-ups, and frustrated passengers. These are examples of circumstances that may contribute to a situation getting out of hand instead of being resolved. It is therefore important that employees be trained to use problem-solving techniques. Procedures The purpose of these regulations is to reduce the number of incidents involving unruly passengers and to inform the public that situations of interference with crew members will not be tolerated on board an aircraft or at any other time during a passengers travel. In order to ensure the regulations are effective, efforts should be made to implement clear and specific procedures that represent the companys operation. Self-explanatory procedures on the various types of incidents and their possible consequences should be established in order to allow a continuity and consistency between employees working for the same company. Prevention is an important aspect of any program; clear procedures should be established regarding ways to avoid situations where passengers may become unruly. For example, alcohol service should be carried out reasonably and responsibly. Since alcohol has a greater effect on people at high altitudes, alcohol consumption should be restricted while travelling on aircraft. Employees should also be attentive to passengers consuming alcohol in waiting areas and report any concern to the appropriate personnel as soon as it is identified. Some Canadian provinces require that all persons responsible for the service of alcoholic beverages successfully complete a training program before being authorized to carry out alcohol service. Since the effects of alcohol are often reported as being one of the leading factors relating to incidents of interference with crew members, it would be beneficial for all air operators to provide a similar type of training and to raise employees awareness on the effects of alcohol. In that respect, it is suggested to consult section 602.04 of the CARs, which deals with restrictions regarding the service of alcohol to passengers.

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The procedures in place should allow employees confronted with a delicate situation to have the means and knowledge necessary to respond to it appropriately. Clear procedures on the different steps to follow, and their possible repercussions, greatly contribute to effectively defusing a situation and preventing it from getting out of hand and turning into a situation where a passenger is assessed as being unruly and interfering with a crew member. The procedures should emphasize the quick identification of disruptive behaviour. If identified prior to boarding, the passenger will be denied boarding which will reduce the risk of incidents occurring on board the aircraft. Unruly or disruptive behaviour is not always obvious; however, early signs are often present before the situation gets out of hand. Signs, such as drunkenness, a group of loud and boisterous passengers and an angry or verbally abusive passenger, are all good indications of possible problems. Procedures should be distributed throughout the organization in order for all employees to be aware of the management mechanisms in place. In addition, publishing the procedures in the companys operations and flight attendant manuals, as required in section 705.172 of the CARs, Preventing and Managing Incidents of Interference with a Crew Member, and subsections 725.135(ss) and 725.135(tt) of the CASS will allow employees to refer to them when necessary. Training In order to ensure that the procedures to reduce the number of incidents involving unruly passengers and interference with crew members and the methods and techniques used to appropriately manage those incidents are effective, it is important that all company employees affected by this regulation be involved and informed of their responsibilities. Section 705.173 of the CARs, (Training), and Subsection 725.124(55) of the CASS, (Training Program Regarding Interference with a Crew Member) require all employees who, in accordance with their responsibilities are included in the definition of operational personnel (see section 2.3, of this AC), be trained on their responsibilities and the companys procedures when confronted with passengers exhibiting unruly behaviour. This training shall be given during the employees initial training, as well as during their annual training. It is important that all groups of employees have an understanding of the other groups responsibilities. This will allow for a consistent application of the procedures, and for other employees to support the decisions made when an employee is confronted with a passenger displaying unruly or disruptive behaviour or an incident of interference with a crew member. By being familiar with the procedures and everyones responsibilities, employees will be able to understand the importance of supporting their colleagues decisions, and evaluate the possible repercussions that would result from reversing a decision to refuse access on board an aircraft to one or more passengers. In addition, training should allow ground employees to understand the importance of preventing a passenger exhibiting behaviour that could interfere with the safety of the flight from boarding the aircraft. For example, it is important to emphasize that managing an unruly passenger on the ground does not have the same consequences as when that passenger is on board the aircraft or during the flight. The resources available to crew members when in flight are very limited, therefore, they must manage the problem themselves, and the safety of the flight may be affected.

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Even though all aspects of training are important, one of the purposes of these regulations is to prevent unruly passengers from boarding an aircraft. To achieve this, the training should be clear with respect to the prevention and defusing of situations involving unruly passengers. No matter what techniques are taught, the ultimate goal is to ensure that incidents of interference with crew members are reduced as much as possible, and that passengers and crew members are provided with a safe environment. Reporting Incidents of Interference with a Crew Member During the study conducted by the Working Group on Prohibition Against Interference with Crew Members, the participants were confronted with a lack of information that would allow them to study the issue in depth, and thus prevented them from having a true idea of the scope of the problem. An incident reporting form was made available in 2000 to provide air operators with a tool for voluntarily submitting reports after incidents on board. In addition, the forms were intended to allow for the gathering of information in order to compile, evaluate and produce statistics on the various incidents, for example, the type, the phase of the trip when they are more likely to occur, etc. This would have allowed for a better understanding of the subject in order to amend regulations when necessary. Few operators have submitted incident reports resulting in information still lacking. The information available still mostly comes from reports in the media or other countries. Section 705.174, of the CARs, makes it mandatory to submit unruly passenger incident reports when they are considered to be level 2, 3 or 4. A report may be voluntarily submitted for level 1 incidents. In order to help in understanding the various levels, some examples of each are included in section 705.175, of the CARs. Even though companies are now required to submit their statistics every six months, they must ensure to retain all reports received for a period of three years, and make them available to the Minister upon request. Section 725.174, of the CASS, explains the information that must be included in an incident report. Appendix A of this AC, entitled Incident ReportPassenger Exhibiting Unruly Behaviour, gives an example of the statistics that should be gathered. Air operators may use this example if they wish, or they may use this example as a basis to develop their own reporting system. This will help TCCA gather data consistently, thus allowing for a more complete and effective analysis. Once gathered, the statistics are to be sent to the Aviation Safety Intelligence Division in the Policy and Regulatory Services Branch at Transport Canada, 330 Sparks Street, Tower C, Place de Ville, Ottawa, Ontario, K1A 0N8. CONCLUSION Air operators should take the information contained in this AC into account when developing or amending their policies and procedures regarding passengers exhibiting unruly behaviour and incidents of interference with a crew member. With procedures that are clear and known by all, comprehensive training for all operational personnel and an effective reporting system, operators will be better equipped to respond to situations of unruly and disruptive behaviour and incidents of interference with crew members.

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CONTACT OFFICE For more information, please contact: Cabin Safety Standards AARTI at: Telephone: Telephone: Fax: E-mail: 1-800-305-2059 613-993-7284 613-957-4208 CAIRS_NCR@tc.gc.ca

Suggestions for amendment to this document are invited and should be submitted via the Transport Canada Civil Aviation Issues Reporting System (CAIRS) at the following Internet address: http://www.tc.gc.ca/CivilAviation/ManagementServices/QA/cairs.htm or by e-mail at: CAIRS_NCR@tc.gc.ca Original signed by Don Sherritt, March 20, 2009.

D.B. Sherritt Director Standards Civil Aviation

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APPENDIX A INCIDENT REPORTPASSENGER EXHIBITING UNRULY BEHAVIOUR

The details of the reports required for each incident of interference with a crew member or involving an unruly passenger are found in section 725.174 of the CASS. This list is not meant to be exhaustive, but rather the minimum information that should be gathered for each incident. The information required when sending statistics to TCCA are also listed in section 725.174 of the CASS. Below is an example of a chart allowing for the gathering of information, which may help with the evaluation of each incident in order to produce statistics. It is not meant to be the only way of gathering information, but rather a suggestion as to how the information being sought could be gathered. It should be noted that, to avoid repeating the same information, the chart only shows part of the complete process. For example, suspected causal factors should be indicated for each phase of flight, each level of interference indicated for each causal factor, and so on, for each of the subsequent items.

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Phase of Flight

Suspected Causal Factors

Level

of Interference

Enforcement Agency Called?

Type of Injuries

Crew Member or Passenger?

1 Taxi Take-off Flight Alcohol Cruise Descent Landing Other Seat Meal 3 4 No Delay 2 Yes

Serious Severe Minor None Crew Member

Passenger-1

Check-in Ground Security

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