Unruly passengers could end up paying flight note for hijacking

ATLANTA – In November 2016, James August was over the Pacific Ocean during a Hawaiian Airlines flight to New York, when he got angry shouting on his girlfriend, threatening to cut her throat and hit a flight attendant.

His violent behavior was so alarming that the captain returned the plane to Honolulu where the authorities arrested him. For August, who had been drinking, according to the court's records, his problems were just beginning.

Hawaiian Airlines has calculated costs related to the rotation of the aircraft, the modification of the reservation of the passengers, the payment of the maintenance and the replacement of a crew. Last year, a federal court ordered August to pay $ 97,817.29 in compensation for the airline's costs in one of the largest refunds imposed on a passenger for hijacking.

"Hitting people in the wallet is a way of showing people that this is a serious problem; you will not spend 30 days in jail, "said aviation lawyer Jol Silversmith, who wrote a report on criminal charges against unruly passengers.

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Nobody knows how many undisciplined passengers cause hijackings every year or how many are sentenced to pay restitution.

But in some of the most severe cases, unruly passengers can face significant financial restitution penalties. Fines have a dual purpose. They help airlines recover the cost when a flight is shortened and deter others from thinking twice before behaving badly during a flight.

Unruly passengers are a problem that airlines have been facing for decades. But at a time when the focus is more on safety and security, tighter seats and crowded planes, the airline industry is feeling a sense of urgency to identify potential problems and prevent incidents. Restitution penalties are efforts by federal prosecutors to address the problem.

Unruly passengers could end up paying the flight note for hijacking (https://t.co/oI3vzqQiJR)

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"A lot of people on planes do not expect sanctions," said Taylor Garland, spokesman for the flight attendants association. "Having these fines in place really sends a signal to the rest of the flying public or passengers who believe the rules do not apply at 30,000 feet – that what you do in the air has consequences on the ground.

Silversmith stated that restitution can also avoid the need for a separate civil procedure for damages. But it could take years, if not decades, to pay back nearly $ 100,000 in restitution with wages garnished at the usual 10% rate. And in many cases, an airline can never recover the full amount.

In July, Bolutife passenger Olusegun Olorunda was ordered to pay Delta Air Lines $ 9,118 for embezzlement to Tulsa after verbally assaulting a flight attendant during his flight from Portland, Oregon to Atlanta.

Some hijackings of domestic flights cost less, especially if the airline can simply refuel and take off again rather than having to rebook passengers on another flight and get a new crew. But when a flight is significantly delayed, it can increase costs and disrupt other flights that the aircraft must perform later in the day – and disrupt schedules of hundreds of travelers.

Delta, based in Atlanta, said it shares information about its losses, which the government uses to determine the appropriate measures. The Federal Aviation Administration also has the power to impose civil penalties of up to $ 25,000.

In a criminal case, restitution can be used to negotiate a sentence, according to Silver. "The prosecutor can say," We may be willing to release the penalty if you are willing to pay restitution, "he said.

The restitution does not always go to the airline. Sometimes a traveler is ordered to pay compensation to another passenger abused during a flight.

This is what happened to Joseph Daniel Hudek IV, Delta's first-class passenger, sentenced to two years in prison and sentenced in May to pay $ 67,841 in compensation to the victims of his incident in flight.

The Delta plane took off from Seattle to China when Hudek came out waved from the toilet and attempted to open the plane's exit door, according to a US District Attorney's Office in Washington's West District.

When two flight attendants tried to stop him, "he threw one on the ground and hit another," according to the US Attorney's Office. "When a passenger tried to help the flight attendants, Hudek hit him over the head with a bottle of wine."

It took several passengers to hold him back and the plane returned to Seattle. Passenger Lon Arnold suffered a concussion following the wine bottle strike and his vision was permanently damaged by the incident, said the US Attorney's Office.

Hudek admitted to "ingesting marijuana products" before the flight, according to the US Attorney's Office. Many of the more serious incidents involve passengers who have drunk too much or abused other substances that have fueled aggressive or violent behavior that has spiraled out of control.

"Many people take prescription drugs to feel more comfortable and do not realize [different] effect that alcohol or drugs can have when you are in the air, "said Garland.

If a problem with a problematic passenger is not resolved quickly, it could escalate into a conflict involving more people and become "a much bigger incident," said Garland, which is why the captain may decide to divert himself.

The issue of misbehavior in the air has become increasingly important in recent years, with the International Air Transport Association urging countries to adopt a global legal framework and enforcement policy for unruly passengers. .

Mr. Garland said one of the risks is that unruly passengers can also distract flight crews from safety risks.

"Whenever there is chaos in the cabin, it threatens the safety of the flight," Garland said. "It could also serve as a distraction for something much more dangerous."

This article was written by Kelly Yamanouchi, The Atlanta Journal-Constitution.

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