So cool, they must have been drunk!

[Capn Bloggs]

If the journos aren't enough of a worry, now we have expert pax...

From AVWEB:

Calm, Collected Pilots Accused Of Being Drunk
Well, so much for the image of the unflappable, cool-under-fire, steely-nerved pilot. Chances are, others will just think you're drunk. That's what happened to the crew of a British Airways flight from Lyon, France, to Manchester, England, on Jan. 16. The pilots got a warning light when they lowered the gear on the RJ100, so the plane went around. It made another pass to allow tower controllers to check that the gear was down. The plane subsequently landed safely and the light was discovered to be faulty. But one of the passengers thought the pilots' demeanor didn't match the gravity of the situation and suggested they must have been drinking. Authorities took that threat seriously. Manchester Airport police ordered the pilots to take breath tests, both of which were negative. "It's very disappointing that a passenger would assume just because a pilot was carrying out a normal safety procedure that he had been drinking when he had not been drinking at all," said BA spokeswoman Sue Redmond. The airline and the pilots' union have both complained to the police.

[scramjet77]

AHH Bloggsey, so that how YOU do it and why you always look so cool day in and day out.

[F/O Bloggs]

Never drink within 30 metres of an aircraft, no smoking within 8 hours. I think thats how it goes.

;)

[Ron & Edna Johns]

Defamation: the publication of a statement that tends to lower a person in ther estimation of right-thinking members of society generally; or that tends to make them shun or avoid that person;

and

Slander: defamation of a transient form - a statement spoken or conveyed in a form that is not lasting - eg, a gesture of speech.

This passenger has commited a tort. I know what I would be doing if I was on the crew.

[sinala1]

But one of the passengers thought the pilots' demeanor didn't match the gravity of the situation and suggested they must have been drinking
So all it takes is some moron passenger who has not even seen or interacted with the pilots, to assume that the crew had been drinking, for a breath test to be conducted?? :mad::mad:

Hmm "yes your honour, thats correct, I strongly believe the police officer who pulled me over for doing 250km/h in a 60km/h zone had been drinking, and was in no way capable of establishing my speed, so therefore he should be RBT'd and I should be let off scott free"

:mad:

Of course I am not in any way endorsing unsafe practices or drinking out of hours, but this is just ludicrous - the passenger would have complained a *lot* more had the aircraft landed without going-around and it turned out the gear really wasnt down... :mad:

[redsnail]

It's been in R&N for a few days now..
Breath test? (http://www.pprune.org/forums/showthread.php?s=&threadid=160845)

[Ultralights]

the gravity of the situation? what situation? a blown bulb?

[Icarus2001]

Defamation: the publication of a statement that tends to lower a person in ther estimation of right-thinking members of society generally; or that tends to make them shun or avoid that person; Where was the publication? Slander: defamation of a transient form - a statement spoken or conveyed in a form that is not lasting - eg, a gesture of speech. A one on one (or two) conversation is not slander. A report to the police if you think a crime is or has been commited cannot be construed as slander. Otherwise imagine the dilemma when a murder suspect is found to be not guilty, they would have a remedy under law by your logic and could sue!

[Ron & Edna Johns]

Well, it was published here:

http://www.manchesteronline.co.uk/news/s/144/144309_btest_fury_over_hero_pilots.html

One can certainly put an argument that such publication has the potential to, or does, lower the opinion of pilots in the eyes of the public, especially given recent cases of pilots found guilty of being under the influence whilst on duty. However, upon further reflection, I would concur with a counter-argument that the publication actually raises the opinion of pilots (i.e., it highlights the great job they did with the u/c problem)

As for a statment: this woman apparently made a statement to police that the pilots must be drunk. It is transient in nature, so it is at most slanderous. One must test whether such a statement lowers a person in the estimation of right-thinking people. I could argue that it does. There is no stipulation on a minimum number of people who must hear such a statement for it to be slanderous.

Libel is defamation of a permanent form (ie, newspaper or, in fact, TV brodcasts). So, Defamation comprises of Libel or Slander or both.

We have possible slander by the woman and possible libel by the news outlet. Defamation has arguably occurred and a legal case could at the very least be presented.

That is my opinion only. I may well be wrong. But the profession of pilot has had enough crap thrown at it recently and this sort of stuff does not help one bit. What would I be doing? I would be seeking legal advice.

[TopperHarley]

What is the legal frame work for breath testing pilots in Australia ??

Can CASA or the local fuzz demand I blow in the bag - Or can I tell them to go and get fuct ??? Is it legal for my employer to breath test me ?

What has happened to those recommendations after the hammo prang ??

[Captain Sand Dune]

Not sure about that, but in the military random drug and alcohol tests are the go for aircrew (and others for that matter).
Admitedly, one doesn't hear about it all that often.