Re: Detaining pax on board - Legalities?
GGV.
Thanks for your thoughts. Regarding the licence issue, surely that is primarily a flying matter; this is a ground matter. The licence does not confer rank. That is awarded by the company. The thread was started because of a memo issued to RYR captains. The captain, agent/ambassador for his company, has been issued with a direct order by that company on how to deal with this specific scenario. It could also have been issued to the handling agent, or local manager, who then could have read out the same blurb to the pax. Thus, I'm not sure the individual could be held wholely responsible. I realise, after 1945, that "I was only obeying orders" has ceased to be a watertight defence, but in this case I would of thought it would hold. If the captain or agnet was operating, knowingly, outside the law, then yes they would be liable. In this particular case, it would seem no-one knows quite what the law is.
Might this be a case of RYR being a law unto itself. It would be interesting for them to quote which law they are referring to. The feathers would certainly fly if there was a member of the legal fraternity on board and took issue with it. I think I would hand him my mobile and the number of the D'Ops.