--- url: 'https://www.fmjlaw.com/faa-enforcement-actions-hit-a-high/' title: 'Navigating the Unfriendly Skies: FAA Enforcement Actions Hit a High' author: name: Georgie Stocks url: 'https://www.fmjlaw.com/author/gstocks/' date: '2022-03-24T19:07:12+00:00' modified: '2023-09-05T16:49:47+00:00' type: post categories: - Article - Thought Leadership image: 'https://www.fmjlaw.com/wp-content/uploads/2022/03/AdobeStock_421238885_Editorial_Use_Only-crop.jpeg' published: true --- # Navigating the Unfriendly Skies: FAA Enforcement Actions Hit a High With all the disruption and uncertainty facing the commercial aviation business over the last two years, including COVID restrictions, fluctuations in demand, and staff shortages, the last thing the industry needed was additional obstacles to returning to normal (and profitable) operations. However, an alarming trend emerged in 2020 and 2021 and has continued into 2022 where unruly passengers are becoming increasingly more disruptive and, in some cases, violent toward cabin crews and airline staff. The FAA has long taken action against passengers who pose a threat to the safety of flight operations – to the tune of about 1,300 enforcement actions over the past 10 years – but the surge in the frequency and severity of reports of disorderly passengers since COVID-19 hit prompted regulators to issue an order in January 2021 imposing a stricter legal enforcement policy against these passengers.  According to the FAA, it received 5,981 reports of unruly passenger behavior in 2021, including 4,290 mask-related incidents, as well as numerous reports of outright violence or conduct which posed serious threats. This trend has continued into 2022, with nearly 900 reports of unruly conduct through March 14, 2022. The increase of FAA enforcement actions has also continued with more than 115 actions formally initiated. The FAA has been swift to aggressively pursue substantial civil penalties against these offenders, including the following passengers who are alleged by the FAA to have violated federal law: - $15,000 against a passenger who took a glass of champagne, headset, and food from a first-class passenger. A flight attendant witnessed the exchange and carried the items back to the first-class section. The main-cabin passenger then yelled obscenities at the flight attendant, followed him to the first-class section, then assaulted the flight attendant by hitting him with her body and almost pushing him into the lavatory. - $15,000 against a passenger who repeatedly drank his own alcohol after flight attendants told him it was prohibited, talked loudly on his phone during the flight despite warnings not to, and repeatedly yelled at flight attendants. - $15,000 against a passenger who shoved a flight attendant when she walked down the aisle to document which passengers were not wearing face masks. - $10,500 against a passenger who refused to wear a face mask following multiple announcements about the requirement to wear face masks. Flight attendants repeatedly instructed the passenger to wear his face mask properly, but he refused and yelled at the flight attendants using profanity. Flight attendants notified the captain, who called for a station agent and ground security coordinator to board the aircraft. When they arrived and asked the passenger to get off the plane, he became combative and irate, and loudly refused to get off. The captain then called for law enforcement. After law enforcement arrived, the passenger continued to be combative and irate, and initially refused to get off the aircraft. When he gathered his belongings to leave the plane, he started screaming at a flight attendant. The passenger’s actions delayed the flight’s departure by 28 minutes. The FAA and TSA have also started to advertise warnings to passengers who want to risk breaking federal law, including one tweet that says: “**You could have spent $35,000 on a brand-new truck, but instead you are paying a fine because you decided to punch a flight attendant.”** The TSA has also begun offering voluntary self-defense classes to flight crews as a means of protecting against the uptick in violent incidents. Many airline CEOs have also called on the FAA and Congress to enact federal No-Fly lists for these types of unruly passengers as a means of combating this dangerous trend. While No-Fly lists are not yet a reality, it is clear the regulatory landscape is changing for Part 121 and Part 135 operators across the country. FMJ’s [Transportation](https://www.fmjlaw.com/practice-area/transportation-logistics/) and [Litigation](https://www.fmjlaw.com/practice-area/litigation/) groups have more than 100 years of collective experience helping their clients with FAA proceedings, investigations, and regulatory compliance. While most of FMJ’s clients do not need to face down out of control passengers, we have handled a wide variety of FAA investigations and enforcement actions against our clients in both the commercial and business aviation contexts, including allegations of, among others: - Airport security screening and access violations - Airline maintenance violations - Emergency pilot license revocations - Accident, incident, and crash investigations involving the NTSB - Intoxicated passenger issues - Inflight safety violations - Illegal charter operations An example of an FAA enforcement action that we recently involved our team representing a Part 121 carrier against allegations of both maintenance and operations violations, including having improper personnel perform ground maintenance prior to a ferry flight and alleged safety equipment violations, resulting in a greatly reduced civil penalty without any future limitations on airline operations. We also are able to help our clients structure their business and document their operations in order to avoid regulatory and liability issues down the road. Finding the right attorney to help you navigate the complex legal landscape of commercial aviation operations can be the key to keeping your growing business on track with confidence. FMJ knows aviation and we always put our client’s interests first. If you ever have questions about the legal aspects of the aviation business, our [Transportation](https://www.fmjlaw.com/practice-area/transportation-logistics/) and [Litigation](https://www.fmjlaw.com/practice-area/litigation/) groups are here to help. I***f you have any questions about FAA enforcement actions, please contact [Kevin Johnson](https://www.fmjlaw.com/professional/kevin-j-johnson/) at [kevin.johnson@fmjlaw.com](mailto:kevin.johnson@fmjlaw.com).*** [](https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Ffaa-enforcement-actions-hit-a-high%2F&linkname=Navigating%20the%20Unfriendly%20Skies%3A%20FAA%20Enforcement%20Actions%20Hit%20a%20High)[](https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Ffaa-enforcement-actions-hit-a-high%2F&linkname=Navigating%20the%20Unfriendly%20Skies%3A%20FAA%20Enforcement%20Actions%20Hit%20a%20High)[](https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Ffaa-enforcement-actions-hit-a-high%2F&linkname=Navigating%20the%20Unfriendly%20Skies%3A%20FAA%20Enforcement%20Actions%20Hit%20a%20High)[](https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Ffaa-enforcement-actions-hit-a-high%2F&linkname=Navigating%20the%20Unfriendly%20Skies%3A%20FAA%20Enforcement%20Actions%20Hit%20a%20High)