A Critical Analysis of Air Passengers’ Protection in the Nigeria Civil Aviation Authority Regulations (NCARs) 2023

Abstract

Carriage of goods and passengers by air is the fastest means of transportation. It is also arguably the safest
means of transportation. The primary objective of the regulators of air transportation is to ensure safety
and security of flights. The provisions of certain rules and regulations that guide the airlines, airport
operators and even the passengers are geared towards achieving this objective. Another primary
consideration for air operators is the comfort of air passengers. Regulators are determined to earn, build
and sustain public confidence in the aviation sector by ensuring certainty and predictability in the contract
of carriage by air. The NCARs 2023 is one of those regulations aimed at promoting the aviation sector.
Part 19 of the NCARs deals specifically with the protection of air passengers/consumers and it is the
fulcrum of this paper. The 2023 edition is an improvement on the 2015 NCARs. It introduced some
innovations. This paper found that the NCARs 2023 made adequate provisions for the protection of air
passengers with reduced mobility or disability. It also attempted to address the issue of delay of flights at
the tarmac. However, it failed to provide a seamless procedure for the determination of air passenger’s
complaints by the Nigerian Civil Aviation Authority by insisting on physical attendance for complainants
or their representatives. The paper accordingly recommends among others virtual hearing of air
passengers’ complaint.