PPRuNe Forums - View Single Post - USA Today: UA forcibly remove random pax from flight
Old 12th Apr 2017, 10:59
  #537 (permalink)  
mm_flynn
 
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Originally Posted by Basil
I can only speak for UK law but, as with the Master of a ship at sea, the Pilot in Command of an aircraft has absolute power UNDER THE LAW and it is a criminal offence to disobey a LAWFUL command.
I don't think that, in all of my flying career, I met a power-crazed individual. We are busy enough without getting into all that authority stuff for fun; we very occasionally and reluctantly do when there is little or no option.
While I have always believed what you have said is true, I can't seem to find where that is written. In the US I can see

121.317 (k) Each passenger shall comply with instructions given him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), and (l) of this section.
which is basically compliance with direct safety instructions.
§ 125.328, 91.11, 121.580, 135.120 Prohibition on crew interference.
No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated under this part
which seems to be used to prosecute people who are actively being a pest or hazard and refuse to stop.
§ 91.3 Responsibility and authority of the pilot in command.
which is all about the pilot being the final authority on the safe operation of the aircraft and provides the authority to deviate from any rule necessary to achieve the safe outcome of the flight.



However, I can't seem to find anything that says the pilot can order Any action. The rules seem very focused on actions relevant to the safe outcome of the flight and the well being of the passengers.

In the particular case at hand, the crew possibly believed the flight was in operation and their duty was to get one more passenger off the aircraft to make room for the crew being re-positioned, making 121.580 relevant. Or possibly, just that they were in a commercial dispute (i.e. not relying on any safety or aircrew duty interpretation) and wished the police to remove their customer from their property.
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