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View Full Version : Whose law when you've opened the doors??


F/O Goon
1st Apr 2001, 22:09
Question for all you legal types out there:

You have landed at an airport, possibly in another state, opened the doors, deplaned the pax and you are about to start your turn-around chores.

Under whose laws are you working - is it - 1. those of your company,
2. the country you have landed in,
3. the country the aircraft is registered in,
4. the country your company is registered in,

or is it dependent upon the arrival airport's standing orders???

I have a feeling from somewhere way back in my air law studying days that it is the law of the country you have landed in once you have opened the doors, and that this may be further restricted by the arrival airport's standing orders.

(And I believe that before you have opened the doors you are still under the jurisdiction of the departure country.)

The answer may lie in ICAO/Freedoms/Conventions/Sovereignty type documents but having had a look on the ICAO site I have not turned up anything useful!!

Can anyone help me to clarify this???

Thanks in advance,

Goon http://www.pprune.org/ubb/NonCGI/confused.gif

BusyB
2nd Apr 2001, 00:27
Its an interesting question. More precisely though can anyone legally walk on board an aircraft once any passenger is on board without the permission of the Captain? I ask with specific reference to Amsterdam where police boarded a flight 10mins before departure to random breathalyse the crew.

Speedbird48
2nd Apr 2001, 02:11
In the US the FAA Flight Standards has the juristiction with the doors closed, as well as the FBI. (Federal Offence etc.)
On the ground with the doors open the FAA Security, if they are on the field, &/or local law enforcement has the duty.
FAA Inspectors can board a Foreign Registered airplane but cannot normally cause any delay to the flight.

F/O Goon
3rd Apr 2001, 17:53
Anyone else have any ideas...... or know where to look???

HELP PLEASE!!!!

thanks,

Goon.

maxmobil
4th Apr 2001, 21:28
GOON,
You are right, the ICAO convention specifies in
art. 11: that any aircraft has to obey the rules of the air of the country it is currently operating;
art. 16: authorities of these countries have the right to check aircraft and respective documents without causing unnecessary delays, which imposes for me the right to enter the aircraft.This is also in accordance with the other two postings regarding FAA and Dutch authorities, I think.

Here an aircraft on an airport differs significantly from a ship offshore.But as to closed/open doors I think this only relates to the "police authority" (don't know the exact english term) of the commander.

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This Airbus is o.k., but why did it come with a RENAULT key ??

maxmobil
4th Apr 2001, 21:40
More about power of the commander according tokyo convention at:

http://www.undcp.org/terrorism_convention_aircraft.html