Stuck on an Airplane -- Legal question

That all seems fine. But surely there is some point at which you *can *demand to be let off the plane, right? Perhaps nine hours isn’t that mark. What about 15?

I hate when non-lawyers try to answer questions like this. Inevitably far more ignorance gets spread than fought. The following is provided as an illustrative example of the sort of half-assed misinformation someone who, like me, is without legal training is likely to spout: :wink:

ISTM that this is similar to the questions that get asked all the time about resisting an unlawful arrest or police search. The answer in those situations is that you NEVER win by arguing with a person holding a gun and a badge. Regardless of what the cop tells you to do, you simply state your non-consent and then go along with it. The time and place to fight is after the fact in a courtroom.

I doubt you ever have the right to demand to be let off the plane. For obvious safety reasons, it makes sense for the pilot and crew of an aircraft to have virtually absolute control over the plane. In all matters relating to the operation and safety of the plane and its passengers, the crew’s word is law for those on board. If, after the fact, you can prove that the airline, pilot, or crew acted recklessly, maliciously, negligently, or in contravention of regulations and customary practices and you suffered as a result, you can successfully sue the appropriate parties for damages. But if you try to take things into your own hands, you’re SOL.

Right. Sit still, register a protest (“Miss, I think this isn’t fair and I’d like to state for the record I wish to depart the plane.”), then STFU. Then sue their asses off. Let’s see what happens. We should soon, in fact- there has to be suits filed in some of these recent cases.

Alan Smithee is right- you can only lose by arguing/fighting with the cops during the incident. Register a protest, STFU, then get a good lawyer or contact the ACLU.

Indeed, from what I recall of my private pilot ground school class I took several years back, the Pilot In Command (on an airliner, the Captain), is responsible for anything that happens on his plane, and thus necessarily has nigh-absolute authority for what happens on the plane. Anything bad that happens on the plane, the pilot gets to try and explain to the NTSB and the FAA why it shouldn’t come down on his head. Given the choice between a passenger potentially suffering from being stuck in the plane and the much higher chance of the passenger suffering from going out on the tarmac (see above, re: Injured or arrested, or injured AND arrested), it’s an easy enough choice for the pilot to make on the spot.

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If you are taxing each passenger needs to have their ass secured in a seat. Besides that:

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The pilot is the ultimate authority on the airplane, and if he doesn’t want to open the door or taxi back to the gate that’s his choice.

In addition the requirements for certification of the airport says:

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At this point you are going to start talking about local laws, but suffice to say that you do not have permission to walk on the tarmac. This may be simply a violation of trespassing laws, or there might be a specific statue against trespassing on an airport.

No, I chose to be in Detroit 5 hours ago. I didn’t choose to be stuck in an airplane without the airline’s reasonable effort to take me back to the terminal after several hours of waiting.
If I get in a cab and the cabby doesn’t let me leave…it’s not kidnapping? If I put my kid on a bus and the driver decides to take them on a 2 day trip to Washington DC instead of school…That’s not kidnapping?

I recognize the safety issue; so call the police dept, get the fire trucks out there and city buses to take you off and take you back to the station to give a statement.

In December 1991 I and a cow-orker were coming back from Malaysia on a Malysian Airlines 747, London Heathrow was closed to us, so we landed at Manchester.

We counted 17 other 747s and one Concorde parked up - at that time Manchester was a fraction of its current size.

We spent about 7 hours sitting in a tin can on the tarmac, during which time food and drink ran out and the punters were getting restless. Things were not helped by the pilot threatening to throw out anyone who smoked onto the tarmac. Not smart :slight_smile:

We were fine, we were on the top deck, with the crew cowering behind us, two reasonably large guys can hold the stairs to the top deck of a 747 pretty easily, especially if they’ve changed back into their business suits and have shining black sturdy business shoes.

Miraculously our zeal was enhanced by the periodic discovery of a small bottle of champagne or a coffee, when it looked as if we were flagging.

Finally a local security guy came on board, took over the tannoy and talked the rabble into being cooperative. To be honest, he was pretty darn good.

When things go wrong on an aircraft, there is no law, well there is just one - the Law of the Jungle - which is why cabin attendants tend to clock competent looking passengers.

Well, that sort of depends on whether you clearly indicated your acceptance of astandardised, government-approved and universally recognised contract to the effect of “I agree that I and all my goods and chattels will be your bitch in every way for the entire duration of the journey. I furthermore agree that the details of the destination, route, duration and method of journey will be entirely at your discretion, and that if I disobey you in any way whatsoeverI will go to a federal pound-em-in-the-ass correctional facility for a good long time” - which is what happens when you present your boarding card and get on the plane.
It sucks leprous donkey balls, but that’s the way it is. Even the much-mooted passenger charter or whatever will probably only change that by requiring them to use vaseline for the ass-pounding. The fact that even in the US no enterprising ambulance-chaser has succeeded in setting up a class-action on this tells you pretty much everything you need to know.

In the US, probably not. Bag-matching is not taken terribly seriously here.

I base that opinion on both my own recent experiences flying on different planes than my checked baggage, and this incident earlier this month at Los Angeles International Airport. A US Airways flight to Philadelphia took off carrying within its hold the checked baggage of a passenger who was at that time in a small room being questioned by security regarding suspicious items found, ah, inside a body cavity. The flight was diverted to Las Vegas once this “Whoops!” was discovered, where the plane was evacuated, searched, and declared safe before the flight proceeded on to Philadelphia.

Okay; I guess I will accept this then.

I still might call the cops anyway; then I’ll let the cops and airlines decide who as authority over my person.