Detaining pax on board - Legalities?
The following has been issued to all FR Captains.
Is this legal?
What right does a Captain or the state have to prevent a passenger leaving an aircraft which is on the ramp??
MEMO
TO: All Captains
FROM: Chief Pilot
DATE: 22nd December 2005
SUBJECT: Diversion P A
Ladies and Gentlemen,
This PA shall be made by the Captain when a [FR] aircraft has diverted to an alternate and it is intended to continue with the passengers to the original destination. Some passengers could reasonably expect to disembark at this alternate e.g. LTN/STN, FCO/CIA etc.
It is prohibited for any passengers to disembark at these alternates in these circumstances by law for security reasons.
“Ladies and Gentlemen, this is your Captain speaking. We have diverted to xyz airport because of __________________. The circumstances causing this diversion have now changed and we will be departing xyz in ___ minutes and routing to our original destination. It is prohibited by law for security reasons to allow any passengers to disembark at this airport, despite its proximity to your original destination. This situation is completely outside my control. Please be patient and we will have you safely at your original destination approximately ___ hrs. The cabin crew and I thank you for your patience”
Is this legal?