Originally Posted by
PineappleFrenzy
The aircraft had not reached its disembarkation point (the gate) when the evacuation commenced. Since the doors were opened for a purpose other than disembarkation, the aircraft is still considered in flight for the purposes of the Aeronautics Act.
However, the act does not actually define disembarkation (I think defining this has been a problem with aviation treaties/conventions as well) as far as I can see. Therefore it is the location/point or method of disembarkation is irrelevant and the common definition of "to leave a [ship, aircraft or train]" applies, and the doors have clearly been opened for this purpose, therefore the aircraft is
not in flight.
If that isn't clear, consider that by your definition, i.e. "the aircraft had not reached its disembarkation point (the gate)" the pax would still be under the clause when back in the terminal building or back home (or now) - since we don't know at what point in time the aircraft reached the gate, if it ever did. That is clearly absurd, therefore your definition of disembarkation must be incorrect.