Pack patience if flying for the holidays
Amid the frenzy of the holidays, I am reminded of the unique dynamic of air travel. The aviation network is the one place where a wide cross section of Americans are confined in a tight space for extended periods of time, in an often stressful environment. Unable to ignore or avoid each other, civility is key.
Since our population has grown increasingly polarized, a corresponding disregard for established social norms has developed, placing a strain on the operations necessary for the security and safety of commercial air travel.
While most air travelers conduct themselves appropriately, episodes of unruly passengers are higher than before the COVID-19 pandemic, ranging from the annoying occurrences of running from the back of the aircraft to deplane before others, arguing over the middle arm rests and power outlets, to the extremes of inappropriately touching or assaulting other passengers and flight crew.
Episodes of unruly behavior in airports and on flights are not new, but the escalation of aggression highlights a disturbing trend.
This blatant incivility is not only reprehensible, but often illegal.
Unruly passengers caused nearly 2,000 incidents this year
In January 2021, the Federal Aviation Administration implemented a zerotolerance policy, mandating civil enforcement actions against any passenger who assaults, threatens or interferes with airline crew members, including penalties up to $37,000 per violation. From late 2021 to this summer, the FAA referred 270 cases to the FBI for criminal case review and potential prosecution by the Department of Justice, including about 40 referrals so far this year.
Since January, the FAA has reported nearly 2,000 incidents with unruly passengers.
At the same time, TSA reports more than 22,000 checkpoint incidents, resulting in more than 700 employee assaults.
From June 18 to Dec. 9, TSA experienced 187 serious airport checkpoint incidents resulting in 37 TSA officer assaults.
TSA can propose civil penalties up to $14,950 per violation for interference with security screening, and offenders may also face arrest by local authorities.
Unruly passengers also can face federal criminal penalties
It also is a federal crime to assault a Transportation Security Officer.
In May, Ma’Kiah Cherae Coleman, 19, was indicted by a federal grand jury on three counts of assault on officers and three counts of interference with the security screening process at Sky Harbor International Airport in Phoenix.
Each conviction for assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison and a fine of up to $250,000.
The TSA and FAA partner with airlines to reduce the number of unruly passengers. Under the partnership, FAA provides TSA with information about passengers facing fines for flight crew interference. TSA may remove offenders from eligibility for TSA PreCheck, an expedited screening privilege reserved for low-risk travelers.
In addition, TSA and FAA work together to coordinate investigations and to seek potential civil penalty action on significant in-flight events.
Despite enhanced cooperation with FAA, DOJ, FBI, local law enforcement and the airlines to mitigate the surge in disturbances, TSA observed a nearly 50% increase in incidents of disruptive passengers at checkpoints this year compared with the same time frame in 2019, according to internal data.
Considering these accelerating acts of aggression, the substantial increase in the number of firearms intercepted at the TSA checkpoints is of great concern. As an example, Kenny Wells, 42, of Atlanta, Georgia, was sentenced to 10 years in federal prison for firing a shot at a TSA checkpoint.
During the first half of 2023, TSA stopped 3,251 firearms at airport checkpoints, which is on pace to exceed the record of 6,542 firearms intercepted last year. Most of those guns were loaded.
TSA refers each firearm case to local law enforcement and can impose a civil penalty up to $14,950, eliminate TSA PreCheck eligibility and require enhanced screening for future travel.
Whenever you are traveling, it is probably a good idea to pack some patience.
As Americans, we should take note of these trends. They may provide insight and provoke reflection on the need for a return to civility.
Lee Kair, an aviation security expert at The Chertoff Group, led the Transportation Security Administration's security operations and served as federal security director at Orlando International and Tampa International Airports. He also served as the Department of Homeland Security's attaché to Germany.