Tuesday, October 25, 2022

SECURITY ON PLANES - BILL SUBMITTED TO PARLIAMENT

 Filenews 25 October 2022 - by Vassos Vassiliou



Security placed on the planes will restore order when any passenger deviates during the flight. Security will be entitled to restore order either on their own or with the help of the crew or even passengers. Security escorts will be recruited following the amendment of the current protocol, which was adopted in 1963 and revised in 2014.

The relevant protocol was approved by the Republic of Cyprus in 1973 and was included in the framework of the "Convention on Offences and Other Acts Committed on Aircraft". Under the new regulation, "Contracting States may use an in-flight security officer, as well as extend their jurisdiction, in addition to the State of registration of the aircraft, but also to the State of landing, as well as to the pilot State, by criminalising acts that cause harm to or endanger the safety of the aircraft or persons or property on board; as long as such aircraft is either in flight, on the surface of the high seas, or in any other area, outside the territory of any State'.

Based on the new regulations, which the Republic of Cyprus promotes in a bill submitted before Parliament, "the captain of the aircraft may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of flight security escorts or passengers, to restrict any person".

At the same time, it is provided that any crew member or passenger may also take reasonable and precautionary measures without authorization, when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft or passengers or property on board. In addition, it is provided that "an in-flight security escort, who has been employed under a Bilateral or Multilateral Agreement or arrangement between the relevant Contracting Parties, may take reasonable precautionary measures without authorization, when he has reasonable grounds to believe that such action is immediately necessary in order to protect the safety of the aircraft or its passengers from unlawful interference and, if the agreement or arrangement so permits, from the commission of serious offences.

The pilot-in-command of the aircraft may also surrender to the competent authorities of any Contracting Party in the territory in which the aircraft lands, any person whom he has reasonable suspicion of having committed on board the aircraft, an act which he considers to be a serious offence.

They will not be held responsible

Also noteworthy is the provision under which, "for actions taken in accordance with the convention in question, neither the captain of the aircraft, nor any other member of the crew, nor any passenger, any flight security escort, the owner or pilot of the aircraft, nor the person on whose behalf the flight was performed, shall be held responsible in any proceedings, because of the treatment of the person against whom action was taken'.

It is noted that Contracting States have expressed their concern at the seriousness and frequency of unruly conduct on board aircraft which may endanger the safety of the aircraft or of persons or property on board the aircraft or endanger the orderly order or discipline on board the aircraft.