The Denver Post

FAA slaps passenger on Aspen-bound flight with fine

- By Jon Murray Jon Murray: 303-954-1405

A woman who struck a flight attendant on an American Airlines flight to Aspen from the Dallasfort Worth airport this year could be forced to pay a $23,000 fine, the Federal Aviation Administra­tion said Wednesday in announcing new penalties sought against 10 unruly passengers.

Several other passengers on flights to or from Colorado have faced potential fines this year as air traffic has returned from pandemic lows. The FAA has investigat­ed a surge in reports of passengers refusing to wear masks, causing disturbanc­es and, in rare cases, assaulting crew members. Through Tuesday, airlines this year have reported more than 5,100 incidents.

The passenger on the March flight to Aspen, who wasn’t identified, refused to wear a face mask — which is still required aboard airplanes and in airports — and “verbally abused flight attendants after she realized her assigned seat would not recline,” according to an FAA news release.

The woman rebuffed several offers by fellow passengers to switch seats before finally accepting a trade, the release states, but “then struck a flight attendant on the right forearm, and attempted to do so again.”

In a more recent midflight incident, an American Airlines flight from New York City to Santa Ana, Calif., was diverted to Denver Internatio­nal Airport late last month after a man assaulted a flight attendant, including allegedly punching her in the face.

The attendant was treated at a Denver hospital, and federal prosecutor­s charged the passenger, Brian Hsu, with assault and interferen­ce with a flight crew. The airline also has banned Hsu from its flights.

The FAA’S latest fines for abusive passengers, totaling $201,287, are on top of more than $1 million in proposed penalties announced previously.

In August, the FAA initiated fines that included four stemming from Colorado flights:

• $15,000 each for two men who were returning from Las Vegas to DIA on a Frontier Airlines flight in late 2020. They drank alcohol they brought aboard, including while flight attendants advised them that doing so was against federal regulation­s. Flight rules allow consumptio­n of alcohol only if it’s served by the airline.

• $9,000 for a man who refused to wear a face mask and interfered with crew members on a United Airlines flight from DIA to Flagstaff, Ariz., in January.

• $9,000 for a man on an Alaska Airlines flight from DIA to Seattle in February who wouldn’t wear a face mask and interfered with flight attendants. He was accused of “hiding a flight attendant’s jacket under his seat; punching the aircraft window; and punching a tray table.”

In those cases, including the Aspen flight, law enforcemen­t officers met the passengers at the gate, the FAA reported. It’s unclear if any resulted in criminal charges, and the FAA does not identify passengers against which it has sought penalties.

Incidents reported by airlines in recent months have been down compared with the first half of 2021, but the numbers remain substantia­lly above typical levels, the FAA stated. The agency has taken a “zero tolerance” approach this year, seeking civil penalties instead of issuing warnings or an agreement from the passenger to get counseling.

The FAA told The Denver Post the maximum civil penalty it can seek is $37,000 per violation, although one incident can include more than one violation.

Passengers targeted with fines can respond in several ways, including by challengin­g the violation, requesting a lower penalty, providing documentat­ion showing they’re unable to pay the fine or requesting a hearing before an administra­tive law judge to review the case, according to the FAA. The agency refers unpaid fines to the U.S. Department of Treasury for collection.

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