Singapore legislation
Section 38
Section 38
Interference with crew and unruly passengers, etc.
(1)
A person who, while in an aircraft that is in flight —
does any act that interferes with a crew member of the aircraft in the course of the performance of the crew member’s duties connected with the safe operation of the aircraft;
behaves in a threatening, offensive, insulting or disorderly manner towards a crew member of the aircraft; or
does any act that threatens the safety of an aircraft or of persons onboard an aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(2)
A person who fails to comply with any commands given to the person directly by the pilot‑in‑command, or indirectly by the pilot‑in‑command through a crew member, for the purpose of securing the safe operation of the aircraft in flight and the safety and wellbeing of all passengers and crew on board and the safety of cargo carried on the aircraft, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)
A person who —
boards an aircraft in such a state of intoxication as to be incapable of looking after himself or herself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft; or
becomes intoxicated onboard an aircraft in flight to such an extent as to be incapable of looking after himself or herself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)
A person who —
operates a portable electronic device on board an aircraft in breach of any aviation safety subsidiary legislation; or
smokes in an aircraft when instructed not to smoke by any crew member or any passenger information sign or placard in the aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(5)
In any proceedings against a person for an offence under subsection (3), it is a defence for the person charged to prove —
that he or she, at the material time, was in a state of intoxication or became intoxicated not because of being under the influence of any alcohol, drugs or other intoxicating substances; or
that he or she, at the material time, was in a state of intoxication or became intoxicated as a result of taking prescription medication in accordance with a medical authorisation.
(6)
For the purposes of this section, an aircraft is in flight —
from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation;
if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and
if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing,and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country.[8B