Originally Posted by
Troo believer
Band a Lot's AvatarBand a Lot , 16th Apr 2017 10:35
So we get a lot of abuse and a Boeing check list, but no legal document of the gap prior to moving under own power as in Australia.
Yes I know a thing or 2 about fire, but as I said away from emergencies can you identify to a Judge that a decision prior to "moving under own power" that you made as a pilot in command that you had/have that legal responsibility?
I am simply asking the question - a judge will demand an answer.
Lets get back to the removed passenger type of example and lets say he actually died from injuries and you have to defend yourself as having the responsibility/authority - can you?
So Band a Lot,
Changing your tune to suit your flawed argument.
You ever heard of Strict Liability?
If there is a fire or other event detrimental to the safety of passengers and crew prior to doors closing and the Captain doesn't comply with the relevant checklist and diligently carry out all duties including an evacuation if required, and a passenger dies in the ensuing fire, whom do you think will be liable?
If you think as Aircraft Commander you can pass the buck or transfer responsibility because you don't think you're really in command at this point, good luck.
I don't see how you think I am changing my tune TB.
The ground staff have the control of the pax until the door is closed as per framer's post! you even posted that.
Now in case of a fire that is actually an emergency you have control of the aircraft - read its checklist and do what ever the hell it TELLS you to do.
Now if this ground staff person has already off loaded his paxs by the time you get to evacuate section - that I think is perfectly legal and his duty.
Don't worry the ground staff person will not push your fire bottle button, simply because its not his job.
AGAIN if you stop using an emergency situation and simply a problem (such as the need to off load pax or upload more fuel that requires some weight to be removed from aircraft) you might just get the jest of it.
In an emergency you will have a responsibility in "flight" or at gate and as you correctly state is to read and carry out the check list procedure and my guess would be the same check list as a freighter uses with no pax.