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Old 3rd Jan 2006, 10:13
  #106 (permalink)  
RAT 5
 
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Re: Detaining pax on board - Legalities?

bjcc:

Glad we got back on track with this. Too important to have allowed it become hi-jacked by a Garuda bashing, etc.

You said the original spark for this thread was "economic reasons". I'm not sure how that arises. The PA says specifically it is for legal & security reasons. This whole debate has been about whether this statement is true, or not. Is the Captain stepping beyond thier authority? (Perhaps the real reason is economic and the rest is a smoke screen?)

Concerning the reply about route licences & freedom rights; what about the case where a/c diverts and there is no plan to continue, eventually, by the same a/c to the original destination? Thus the pax disembark at the diversion airfiled under orders of the carrier.
In my only case of such an event, the interesting scene which must have ensued in the baggage hall, when a few pax did not want to take the coach service to their original destination AAA, as the diversion BBB was closer ot their accommodation. The airline refused to release their baggage, and insisted on taking it to AAA. No forwarding service was offered as the baggage had not been lost. Infuriating in the extreme; seriously bad PR, but probably legal as per the original contract between airline & pax.

I asked that a national agency (union) asks these questions on behalf of the whole profession. From GGV's replies it might be that the CAA's do not want to get involved. If not, then they should be able to tell you who is the definitive authority. Untimately the government, I would have thought. Surely a question to the Dept of Transport should be successful; or is that naive?

GGV: I sympathise with your contact with the CAA. I can understand that, if you were dismissed for obeying the law, then that is an unlawful dismissal case in the civil courts. However, I would have expected the CAA to become involved if it was known that an airline had coerced an employee to break the law. Sadly, it would seem another case of the CAA's being more interested in incorrect paperwork and record keeping that actual opertional matters effecting real people every day during real operations; or is that cynical?
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