PPRuNe Forums - View Single Post - Ryanair flight: 'Racial abuse passenger' referred to police
Old 22nd Oct 2018, 11:06
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Kerosine
 
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Ejecting pax without legal authority
Can you be more specific?

The Tokyo convention states that, from door closure:

1. The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in Article 1, paragraph 1, impose upon such person reasonable measures including restraint which are necessary:

(a) to protect the safety of the aircraft, or of persons or property therein; or

(b) to maintain good order and discipline on board; or

(c) to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this

Chapter. 2. The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.
So if the doors are open, you are not legally allowed to impose 'restraints' directly on the passenger, nor ask anyone else to do it. The correct course of action is to notify the state's authorities to perform this function. The Article simply gives you additional powers to restrain a passenger when the state authorities may be unable to do so themselves.

It does not suggest you are unable to 'refuse carriage' however. The actual 'ejection' is done by the state authorities while the doors are open. I can't see a grey area, though I would appreciate someone more educated in aviation law to expand/contradict my interpretation!
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