Leasing Jurisdiction
A Futura aircraft leased to Norwegian
approach towards unruly passengers circle6 operating any portable electronic have incorporated, in whole or in part,
throughout the ICAO signatory states: device when such act is prohibited the model legislation recommended
by Resolution A33-4. Most countries
circle6 assault, intimidation, threat or other The study group further suggested the have been reluctant to incorporate
similar acts against a crewmember jurisdictional aspects be addressed by the model legislation, as this might
providing amendment or model call into question the coherence of
circle6 refusal to follow a lawful instruction legislation to establish or extend their respective legal system.
given by the aircraft commander, or on jurisdiction over offences referred to Many critics believe it is very unfortunate
behalf of the aircraft commander by a above, and that not only the State of that the majority of the Contracting States
crewmember registration of the aircraft, but also the
State of the operator and the State of
circle6 assault, intimidation or threat against landing shall have jurisdiction.
another passenger The study group recognised the need “
...most countries
for an international instrument in the
circle6 intentionally causing damage to, or long term, but also realised the need have been reluctant
destruction of, property for short-term solutions. The group
provided “model legislation” through to incorporate the
circle6 engaging in an indecent act ICAO resolution A33-4, as a possible
short-term solution. model legislation, as
circle6 intoxication from alcoholic beverages The working group sent out several
or impairment from consuming illegal letters to ICAO contracting States, this might call into
drugs enquiring into the respective States’
view on Resolution A33-4 and the question the
circle6 smoking when it is prohibited under issues involved.
the law applicable to that aircraft The vast majority of the responding coherence of their
contracting States consider it
circle6 tampering with a smoke detector or necessary to take action relating to respective legal
other similar devices installed on Resolution A33-4; however, so far,
board that aircraft only about 10% of the respondents system...”
36 December 2007 Aviationsecurityinternational
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