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Old 3rd Jan 2006, 13:08
  #114 (permalink)  
NigelOnDraft
 
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Re: Detaining pax on board - Legalities?

bjcc / F'dI

Thanks for the replies...
Code:
...trying to disembark in the middle of the UL607 are we? 
In this case though, the aircraft is on the ground at an airport.
So in a similar position as a bus at a stop
I don't know anything about bus stops... but I do about airports If I divert and am off stnad, or if I have left stand and am now caught up in de-icing etc. or just the usual delays air transport seems to get itself into, I might as well be in UL607:
  • At LHR I might wait 45mins for a stand to become available when I am scheduled to arrive. So if I suddenly announce I want one because Mr Jones wants to get off that might take 1 hour.
  • If I have waited an hour or so in the de-ice queue and go back to stand to offload Mr Jones, I now go to the back of that queue.
  • If I have waited the hour and de-iced, I now have a "holdover" time to get airborne in - maybe 15mins. If I go back and offload Mr Jones, that is lost, and I have to de-ice again.
  • By the time I have done this, for Mr Smith as well, the crew are out of hours, and the other 99 pax go nowhere.
In short, does Mr Jones' "right to get off" after I have left stand i.e. the flight / journey he has contracted with us to do has started supersede the expectations of all the other pax and the company?

Code:
If said pax says, I am going and goes, then
what right do you have to detain him?
Do I have to open a door, inflate a slide, and leave him on taxiway A??

Code:
On the other hand, airports are geared up to take a
passenger from an aircraft to a terminal and then on to Landsid
Some would disagree.... something more to do with shopping

My point is that the law does not seem to differentiate between being airborne and on the ground. If I am on stand, jetty attached, I do understand I cannot withhold the passenger. And elsewhere I have already stated that. The fact that the jetty is "restricted access" and the passenger will be apprehended by the outsourced security staff in the jetty won't be my problem. And certainly in my company, asking the ground staff to reattend will take 30+mins at a minimum. However, once the aircraft has left stand, it might as well be airborne for the time and hassle and cost it will take to offload the pax. But more importantly, the law you quote does not differentiate between being airborne and on the ground, so if what you say is true, a passenger has an equal right to demand we land...

Code:
 I suggest some research before the predictable
high profile case comes along and some one ends up shafted.
Do you not think this is what this discussion is aimed at...
NigelOnDraft is offline