Recently, the topic of "the man wants to upgrade for free and makes a fuss about the flight cancellation and 300 people change the book" rushed to the hot search on Weibo.
On January 5, the Capital Airport Public Security issued a police report on the incident, restoring the original story of the incident: at 23:41 on December 30, 2023, on an outbound flight from Daxing Airport, a group of three passengers had a dispute with the flight crew due to seat problems.
This is a typical "machine trouble" behavior, and after this "machine trouble", the above flights were finally canceled due to weather conditions, and other passengers on the plane could only change their flights or cancel their trips.
For this "machine trouble", the punishment given by the airport public security was: Dong and Zhao's behavior has violated the Public Security Administration Punishment Law, constituting an illegal act of disrupting the order on public transportation, and Dong was punished with administrative detention and Zhao with an administrative fine in accordance with the law.
Looking at the past "machine trouble" incidents, the punishment for the "machine trouble" is basically limited to detention or fines, but the amount of punishment is not high.
For example, many years ago, it was publicly reported that when passenger Ma Moumou took the Air Canada flight Beijing-Toronto, he insulted the crew members, disrupted the order on board, and forced the flight to return, and Ma was given administrative detention for 10 days and fined 500 yuan by the civil aviation public security organs.
In recent years, "machine trouble" incidents have occurred from time to time, and the public security organs have mostly punished those who violate the Public Security Administration Punishment Law. However, in fact, if a "machine trouble" causes property losses to a unit or individual, the person who "made a machine trouble" can still be investigated in accordance with the lawCivil Liability。However, if the act of "making noise" seriously threatens the safety of the aircraft and causes serious consequences, it may constitute the crime of sabotaging the means of transportation, the crime of endangering public safety by dangerous means, or the crime of intentional injury, etc., and shall be borneCriminal liability
The air travel circle checked the weather conditions in Chengdu, the destination city of the above-mentioned flights, and found that many flights at Chengdu Tianfu Airport had been canceled due to weather reasons such as fog and poor visibility that night.
At about 10:30 p.m. on the same day, the Sichuan Provincial Meteorological Observatory also issued a short-term nowcast for fog: from the evening of the 30th to the morning of the 31st, there was foggy weather in the 5 cities of Neijiang, Ziyang, Suining, Nanchong, Guang'an and the eastern part of the 4 cities of Mianyang, Deyang, Chengdu and Meishan and the south of the 3 cities of Guangyuan, Dazhou and Bazhong, and the visibility in some places was less than 50 meters.
A lawyer told the travel circleAlthough the bad weather on that day was the direct cause of the flight cancellation, passengers on the same flight can sue the "plane troublemaker" to claim compensation for the economic losses related to the flight delayAirlines can also sue the "troublemaker" and seek compensation for the airline's related economic losses。However, such lawsuits were rare before this, either because people were not aware of it, or they did not have much time to continue defending their rights.
Therefore, the control of "machine trouble" behavior still needs to be made in many aspects, including the formation of a joint force of **, airlines, aviation management departments, social organizations and the public, and the implementation of more severe punishment, increase the cost of violations, in order to form an effective deterrent to the "machine trouble".
It is worth noting that in foreign countries, some countries have very severe penalties for "aircraft disturbances", such as the United States aviation authorities can raise up to each non-compliant passenger3.$70,000of fines;Qantas can ban "noisy" people from flying for up to five years.
In China, the relevant departments have paid attention to and stepped up efforts to crack down on "machine trouble".
In July 2023, the Civil Aviation Administration of China (CAAC) held a mobilization and deployment meeting for the special action of "Rectifying Aircraft Disturbances in Accordance with the Law and Maintaining Aviation Safety Order", requiring resolutely curbing the frequent occurrence of "aircraft disturbances", increasing rectification and punishment, cracking down on "aircraft disturbances" strictly, quickly and severely in accordance with the law, and guiding passengers to take flights consciously and civilly. At the same time, the public security organs of airports in Shaanxi, Shandong and other places have also carried out emergency response training for "machine trouble" incidents. In addition, some airlines have set up a "blacklist" to ban those who are "noisy" from taking their flights.
Only by making the 'troublemakers' pay a heavier price can it be possible to set an example and safeguard the safety of civil aviation transport and the interests of other passengers. The lawyer said.