Originally Posted by
plainmaker
My understanding garnered from a few years ago (actually longer than I wish to admit to) was that the 'Authority' of the Captain was only established when the doors were closed.
While the aircraft was at the airbridge, or connected in another way to ground support, then the jurisdiction was still vested in the local plod (or airport authority).
Somewhere in my archaic filing system, I have the precedent authority - originally derived from the Hague Convention.
Now a boarding pass would constitute an 'instruction' but that is issued well before a captain or crew member takes 'command'.
So it begs the question - when does an 'instruction' given by the CC or TC become a 'lawful command'. Same sits with Maritime Law from whence our Aviation Law was derived.
ISTR something similar from my reading of the Air Law textbooks a while back... Insofar as the CASR's, there is this...NFI if it is still current with the MOS' and Part 135's and 121's and, and, and Part godknowswhat these days though.
CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.215
Authority and responsibilities of pilot in command
(1) This regulation applies in relation to the operation of an aircraft during the following period:
(a) from the earlier of:
(i) the time the aircraft's doors are closed before take-off; and
(ii) the time the flight begins;
(b) to the later of:
(i) the time the aircraft's doors are opened after landing; and
(ii) the time the flight ends.
(2) The pilot in command of the aircraft:
(a) has final authority over:
(i) the aircraft; and
(ii) the maintenance of discipline by all persons on the aircraft; and
(b) must ensure:
(i) the safety of persons on the aircraft; and
(ii) the safety of cargo on the aircraft; and
(iii) the safe operation of the aircraft during the flight.
There's a few definitions listed, but the main one, "Flight" only refers to
"flight" means flight in:
(a) an aeroplane; or
(b) a helicopter, other than a tethered helicopter; or
(c) an airship; or
(d) a glider, other than a hang glider, powered hang glider, paraglider or powered paraglider; or
(e) a gyroplane; or
(f) a powered-lift aircraft.