PPRuNe Forums - View Single Post - United GRU-ORD Divert to MIA to Offload Purser
Old 29th Jul 2009, 06:18
  #491 (permalink)  
411A
 
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Which is why I still question UAL's decision to allow him to continue on to ORD.
I doesn't matter what you might personally question, MU3001A...as you do not have the authority, in a legal sense, to do so.
All you can do is express an opinion, which can be discarded by others, without reservation.

Now, as to the actual authority of the Captain (generally speaking).
Once airbourne, it is unlimited, IE: the Captain is in charge, period, unless he becomes medically incapacitated. In many cases this is also true on the ground.
Case in point.
Some years ago, whilst waiting for start-up clearance at DEL, we are informed that there will be a VIP movement, and the airfield is now closed for two hours to normal operations.
As the passengers had not yet boarded, they remained in the departure lounge.
So far, so good.
However, as we were to depart for a long haul flight, it became quite apparent that our normally allowed duty period would be exceeded, so I told the cabin crew of my decision to use SCD to complete the flight, and one objected, so she was promptly off-loaded.
As we had one extra anyway, it made no difference.
Apparently slightly miffed at being off-loaded, she complained to the relevant regulatory authority, which just happened to be the UKCAA.
She was told, by a senior CAA inspector (whom I happened to personally know) that....the Captain has the final say as to whether the duty time shall be extended, and there was absolutely nothing she could actually do about it.
She gambled...and lost, as expected.
She was also promptly terminated.

Now, as to the 'suitability' of the Captain in the UAL case to continue to the destination (ORD), I firmly expect that this will come up in any hearing and...the Captain has a very good case, as clearly UAL allowed him to continue, yet UAL reasonably can not now say...he is unsuitable.
This will head for the courts I suspect, and I also expect the Captain will prevail...IE: collect the big bucks...if it comes to that.
However, I expect it will be settled out of court, to the Captains benefit.
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