Are the Pilots responsible for the contents of a passenger's suitcase ?

[cyrilroy21]

ANTO DOMINGO: A court in the Dominican Republic has ordered three French pilots detained in a cocaine smuggling case despite claims they knew nothing of the drugs in their plane.

Judge Edwin Rijo ruled there was enough evidence to hold them for at least a year while the case is investigated. They were ordered held yesterday along with nearly 30 Dominican law enforcement officials suspected of involvement.

A lawyer for two pilots said the men were only hired to fly the Paris-bound plane and didn't know about the 26 suitcases of cocaine found on board in a March 20 raid at the Punta Cana airport.

The pilots were identified as Pascal Jean Fauret, Bruno Armand Ados and Alain Castagny. Also ordered detained was the only passenger on board, French citizen Nicolas Pisapia.

Three French pilots held in Dominican drug case - The Times of India

[captjns]

Corporate flight? PIC responsible.

Charter Flight? PIC responsible.

Scheduled or Non Scheduled Flight? Most Countries PIC not responsible as the air carrier and airport haves measures in place to prevent this activity. Suffice it to say that Airlines ala BA, AA, UAL, LH research those countries in question, and avoid them to minimize risk to crew and assets.

There are some banana republics out there that prey upon charter operators as a form of a so-callwd legalized hostage and ransom scheme. Mexico was notorious in the 70's for so-called aircraft confiscations, in the name of Federale Justice.

Insurance companies have countries to where operations are not covered risks unless prior approval is granted.

[DaveReidUK]

A bit more information on the provenance of the aircraft concerned (an FA50) and its crew here:

Punta Cana drug plane belongs to French businessman - DominicanToday.com

[Dysonsphere]

There was a similar case out of Blackpool airport (UK) a few years ago small charter reccuring every month or similiar period. Turned out was drug smuggling and pilot was arrested along with passengers. He spent quite a few unpleasent months on bail before being aquitted after trial with actual smugglers Who were found very guilty) but it could have gone either way on the day.

[Gulfstreamaviator]

What right do I have as pilot re pax bags

Sit a) I am captain on A380, fully loaded.
Do I search each pax bags, do I ask them at trhe top of the steps to sign a release document. Does the departure airport securiitry, if it exists have any responsability for prohibited items. Was I asked if I packed all passengers bags.

Sit b) I am captain on G650, with one pax.
Do I search hin, frisking, then open all his bags.???? my new job starts Monday flipping buggers in McZ.

Sit c) my co crew members have 10kgs of white powder in thier flight bag. I can only assume I am responsable for that too.

WTF, and where is the logic, law in this matter.

glf

ps just come back from South America with cans of company produce. (samples)..... Should I have opened each tin.

[Depone]

The Law is an Arse (ass). Normally. In this case, wouldn't you be suspicious? And if so, then you are complicit, surely?

[Hotel Tango]

Depending how one reads the link provided by DaveReidUK, it would suggest that the pilot was knowingly involved.

[Agaricus bisporus]

Corporate jet, one pax, 26 suitcases, routing Central America to Paris.

And the pilots thought they could get away with claiming they either had no reasonable suspicion about the extraordinary load or perhaps claimed they didn't even know it was there... get real! No law enforcement agency's going to swallow that one are they?

[darkroomsource]

enough evidence to hold them for at least a year

So at least the judge thinks there's more to it than the pilots claim.

Of course, 1 passenger and 26 suitcases just might have made a person think.

[deptrai]

There's plenty of good reasons why some people may travel with more luggage than others, and rationally - but maybe not de iure - I can't see how this is anyone else's business, except law enforcement officer's. I'm not Imelda Marcos, but first time I moved to Asia I was lucky enough that check-in staff accepted my 130kg of luggage (I had already filled a 50 ft container with household goods, and compared to that, I thought there was just a tiny little bit left, big mistake, I even needed to buy extra suitcases). At the destination airport, I got a couple of carts to shuttle my luggage to a minivan taxi, then...nothing happens. After a couple of minutes I asked the driver what he's waiting for. "The other passengers, sir". -"I'm alone, let's go ".

No one asked me any questions though. Maybe they should have?

This is a classic service provider issue. Can you hold a phone company responsible if terrorists used their phone network to plan a criminal act? Shouldn't they have listened in on the conversation and warned everyone? Can you hold the company which built a particular road responsible when thieves use it to rob a bank? What about the company that manufactured the escape car? Shouldn't they have a duty to know their customers?

[Gulfstreamaviator]

10 years working for the Russian Mafia

So i should have asked them to empty the carry ons, just to be sure...

Dream on.

Should I have alerted incoming customs in UK, YES and I did on two trips...... did they find anything intersting... NO comment.



glf

[lomapaseo]

"detained" ... for questioning or arrested and charged

I would expect the police to question all witnesses, especially the passengers in charge of the suitcases. If no passengers than the pilots need grilling. Charges are a matter left to the law of the land, just or unjust in one's mind.

[con-pilot]

Very wealthy people carrying a lot of baggage is not unusual nor very rare. I knew of one couple that had a second aircraft, just to carry the luggage and the maid of the owner's wife, on about every trip.

They used a Sabre 65 to carry themselves and their four dogs, with a Sabre 40 that left first* going to their destination and they followed in the 65. The home bound flight was just the opposite. They would leave first in the 65, followed later by the 40, full of the luggage, the maid, plus anything they might have bought.

They did this for years.

So a lot luggage with just one passenger on a business jet, not unusual.



* She wanted her clothes unpacked and sorted before she arrived.

[Depone]

Very wealthy people carrying a lot of baggage is not unusual nor very rare

True but, repeated from above, from South America to Europe? 26 suitcases; 1 pax?

[bubbers44]

I almost had a Lear Jet charter to Rio but my roomate took it because I had other commitments. One of his passengers back in the 70's left a satchel on the plane going through customs as they were passing through RIO and customs asked why wasn't this brought in. My roomate said I don't know. They fround cocaine in it and my roomate was in prison at Aguasanti for a month before my buddy with one of their lawyers got him out. We worked with the DEA a few times so they knew we were clean but it took a lot of lawyering to get my roomate out. I decided not to help the DEA out any more after that. They get paid for it, we don't.

[RFGN]

French pilots and passengers have been sentenced to 20 years jail.

[jack11111]

Luggage!

Gee, there are 27 suitcases on my aircraft and one passenger. What, me worry?
.

[Hotel Tango]

Whatever scenario you choose it will always be difficult to judge immediately if the pilot(s) are in on the act or not. I imagine the authorities would need time to investigate more thoroughly into their life style, activities and actions prior to the day they were detained.

[ATC Watcher]

From what has been written since 2 years on the French media the case is a bit more complicated , it was the 3rd similar run with same aircraft , same crew , same pax and same "fixer", who dressed as a pilot (with 3 stripes) to appear to be s crew member.
The whole judicial question turned around if it was a commercial flight ( operator responsibility) or a private flight( PIC responsibility.) Apparently the judge ruled it was a private one .

[OldLurker]

commercial flight ( operator responsibility) or a private flight( PIC responsibility.)

Which regs or laws govern this? In the UK the Air Navigation Order says the commander of an aircraft must be "satisfied that flight can be safely completed" (87). Therefore, as captain you must be satisfied that (for example) the baggage contains no dangerous material – so the captain of PA103, if it had been a UK-registered aircraft and he'd survived, would presumably have been technically culpable, just as the captain of a ship is culpable (in the navy, will be court-martialled) if his ship runs on a rock, even if he was asleep or on the can at the time and his first officer was on watch. But I don't see anything in the ANO that says you're responsible for illegal items – or illegal passengers, for that matter – so long as they're safe. Your country's mileage may vary.