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one25six
4th Jan 2006, 00:11
Legally speaking what powers does the PIC have if a passenger refuses to board, or re-board after a diversion, or more relevantly refuse to continue after an enroute stop or diversion?

Obviously there is serious economic and time impact if the passenger has checked bags -especially if the bags are canned- but can the PIC actually refuse a passenger who wants to get off?

Keg
4th Jan 2006, 00:21
Your question isn't anything to do with this is it?

Six German airline passengers who say they were held against their will on an aircraft stuck on a runway for hours during a snowstorm, have filed "false imprisonment" charges, police say.

The passengers filed have charges against the pilot of a British Airways flight from Berlin to London that sat on the runway for seven hours before it could take off due to snow and ice.

The tabloid Bild has reported a man called a police emergency hotline on his mobile phone about three-and-a-half hours after he boarded the plane, saying he felt like he was being "held hostage".

Police boarded the plane and the man, named Ingo Q, ran forward and screamed, "I want to get out of here".

Only three people who only had hand luggage were allowed to leave the plane.

Tabloid Bild says the man, his wife and another couple were allowed off the plane about an hour later, two hours before the plane finally took off.

You'd have to question whether taking someone into the air against their will is the best thing to have inside a pressurised aluminium (or composite ;) ) tube for the next bunch of hours! :p

one25six
4th Jan 2006, 00:52
No, I had not seen that, and I don't want to post the actual scenario here (happened in Australia) , as it might incite other passengers to do the same.

But I agree - deciding on whether pax are 'taking advantage' of the situation as opposed to being truly 'troubled' otherwise is a tough call for a PIC if the latter turns out to be the case in flight.

(On the story you posted above, at face value 7 hours seems excessive - I assume the Apron was full, but as a passenger I would be bloody ropable)

TopTup
4th Jan 2006, 01:29
"If" my memory serves me correctly the "false imprisonment" and "deprevation of liberty" is a tricky one gone into at length form those lengthy Aviation Law lectures....

Anyway, the terms and conds of carriage of a person state (and again correct me if I'm wrong) that a pax has the right to disembark an aircraft BUT must assume that $$ costs may be incurred to landing fees, fuel, destination delay fines..... A pax unwilling to re-embark an aircraft is generally given that opportunity but also the fact that his / her bags will be offloaded at XXXX time and that they will then be unable to re board and have to purchase another ticket.

I'm sure there may be some legal eagles out there who can give a definitive answer.

VVS Laxman
4th Jan 2006, 02:43
I was once WSSS for YMML via an early morning stop in YSSY; we got diverted from about 220 West of YSSY to YMML due tail wind and holding. I was not allowed to get off in ML. :mad: :mad: Excuse was about customs clearance and finding my bags; Said couldn't care less about bags, I'm where I need to be.

They took me to SY, I missed my original connection to ML, imagine that; then I got lumped with a 5 hr delay until I could get a seat on a ML Flight. Got back to ML about 9 Hrs after the first touch down... Grumpy, oh yes, grumpy I was. At least my Q club was still valid; so I did get a shower; even if I had to apply smelly attire after that.

Suggested at one stage that if I belted one of them they would have me kicked off, so why couldn't they just let me off? Cabin Crew were not amused with my banter.

Capt Hollywood
4th Jan 2006, 10:31
My fiance was on a flight in the US. After the aircraft had closed its doors a ground support vehicle ran into a cargo door. They kept the aircraft doors closed while they found an engineer to inspect the impact area and then kept them closed while he ordered and installed the part. All in all she was sitting in the jet for 7 hours! Surprisingly not too many of the pax complained, bet they wouldn't have been so understanding if it happened in Aus............ and I'm definitely speaking from experience!

CH :cool:

Hippolite
4th Jan 2006, 11:05
I was on a QF flight LAX to SYD which diverted to Brisbane due fog at SYD. My final destination was MEL. I was in First. They put the aerobridge up to the aircraft and said that people could use mobile phones. I realised that the chances of the same crew flying Brisbane to Sydney after a "quick refuel Ladies and Gentlemen" was probably zero.

So, having been away from home for 4 weeks, when there was no FA around, I just disembarked, went through immigration and got a cab to the domestic terminal. I actually checked in and was waiting in the lounge for a domestic flight to MEL befiore I got "caught".

They said I was "naughty" but smart and I got my flight to MEL within the hour, bags arrived in a van 24 hours later.

Tarboy
4th Jan 2006, 11:08
I'm not sure you're allowed to hold someone against their will.

effortless
4th Jan 2006, 11:18
In answer to the original question, you cannot force someone to board a plane against their will. Unless of course they are off to Gitmo but then it isn't you who is doing the forcing is it.:}

YMEN
5th Jan 2006, 05:53
(On the story you posted above, at face value 7 hours seems excessive - I assume the Apron was full, but as a passenger I would be bloody ropable)

Man just sit back and take advantage of the free beers!

zulu_kilo
5th Jan 2006, 09:13
This happened a week or so ago also with the 733 from Aus to WLG which diverted to AKL due fog in WLG. One or two pax were bound for AKL but were not permitted to disembark, for some reason pax were not allowed into terminal and sat on tarmac for several hours. A/C then flew to WLG, where the pax were rebooked on a later flight back to AKL.

Must be awful sitting there at your destination and not being able to get out! :eek:

TIMMEEEE
5th Jan 2006, 19:27
ZK.

If it were me and I wanted to get off in Auckland I would inexplicably become ill !

Some people lack imagination.......