Am I Allowed To Bring and Consume Mini-Bottles of Alcohol on a Flight?
#32
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You guys can sit next to me anytime. I won't look so bad. (-:
#34
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#35
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An airline has no authority to "confiscate" anything nor do they have the ability to fine you. The only thing they can do is forward the information to the appropriate authorities. The only fine defined in the law is against the airline for allowing you to consume the alcohol. The only fine you could be liable for is for not complying with aircrew instructions but if you stopped when asked that would not apply.
#36
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#38
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#39
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As a US citizen, I'm not about to test how CX plans to enforce Hong Kong aviation law against me when I'm flying from NRT to HKG or LAX to HKG or HKG to NRT. I'll leave it to others to sort out the conflicts of laws questions by personal experience.
#40
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Perhaps by phoning ahead to HKG and asking the law enforcement officers meet the flight upon arrival and then alleging facts that cause the person to be taken into custody?
As a US citizen, I'm not about to test how CX plans to enforce Hong Kong aviation law against me when I'm flying from NRT to HKG or LAX to HKG or HKG to NRT. I'll leave it to others to sort out the conflicts of laws questions by personal experience.
Call ahead for what? I have brought my own liquor on flights from NRT to HKG on Asian carriers no problem do you think China cares about USA laws?
Originally Posted by FWAAA
As a US citizen, I'm not about to test how CX plans to enforce Hong Kong aviation law against me when I'm flying from NRT to HKG or LAX to HKG or HKG to NRT. I'll leave it to others to sort out the conflicts of laws questions by personal experience.
#41
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Many here have also brought their own liquor onto US flights despite it being against the law here ... that doesn't mean it's legal. Aviation law is a pretty tricky subject, but you can rest assured that if a crew wanted to come down on you for violating the law, they would probably have little difficulty making your life difficult ... fortunately, there is little incentive for anyone to do so in any of these cases unless you cause such a disturbance that you have bigger issues anyway.
#42
Join Date: Feb 2008
Posts: 734
Here in California, medicinal marijuana is all the rage now.
It's only a matter of time before people are lighting up again on flights because of medical ailments of course, starting with the pilots and air traffic controllers? woo-hoo. bam. JAL 123 re-play minus other causes.
I seem to remember that certain liquors have certain medicinal properties so why not?
Well, I did hand it over. So it was all false authority and false threats, and the flight crew got themselves a bottle to enjoy?
It's only a matter of time before people are lighting up again on flights because of medical ailments of course, starting with the pilots and air traffic controllers? woo-hoo. bam. JAL 123 re-play minus other causes.
I seem to remember that certain liquors have certain medicinal properties so why not?
An airline has no authority to "confiscate" anything nor do they have the ability to fine you. The only thing they can do is forward the information to the appropriate authorities. The only fine defined in the law is against the airline for allowing you to consume the alcohol. The only fine you could be liable for is for not complying with aircrew instructions but if you stopped when asked that would not apply.
Last edited by iluv2fly; Jan 23, 2013 at 10:33 pm Reason: merge
#43
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I'm a regulatory lawyer and wish to clear a few things up (obligatory: this isn't legal advice!).
Serving yourself alcohol on a U.S. commercial flight is a regulatory offense, but it is not a crime. 14 C.F.R. 121.575(a) states that "[n]o person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him." Violating this regulation is punishable by a civil penalty (i.e., a fine) of up to $1,100. 49 U.S.C. 46301.
According to FAA Order No. 2150.3 at 271, individuals who "drink[] [an] alcoholic beverage not served by [the] carrier" are to be fined the "maximum" penalty (i.e., $1,100).
I do not know how often passengers are actually fined by the FAA for violating 14 C.F.R. 121.575(a). But it has happened before. In 2010, a Continental Airlines passenger named Clare Elaine Spearing was fined $1,100 for violating 121.575(a). (Figures it was a PMCO FA who turned the passenger in !)
Here is an excerpt from the FAA Administrative Law Judge's opinion:
In the Matter of Clare Elaine Spearing, FAA Docket No. CP10EA0003, DMS No. FAA-2010-0313, 2010 WL 3181341 (Aug. 3, 2010).
So if you bring booze on a plane and serve yourself, realize there's a nonzero possibility you could be fined up to $1,100 by the FAA. If you cannot bear the prospect of paying such a fine, you should probably pay the $7 to UA for their crap cocktails. Whether violating 121.575(a) is rational or not, well, that's your call!
Serving yourself alcohol on a U.S. commercial flight is a regulatory offense, but it is not a crime. 14 C.F.R. 121.575(a) states that "[n]o person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him." Violating this regulation is punishable by a civil penalty (i.e., a fine) of up to $1,100. 49 U.S.C. 46301.
According to FAA Order No. 2150.3 at 271, individuals who "drink[] [an] alcoholic beverage not served by [the] carrier" are to be fined the "maximum" penalty (i.e., $1,100).
I do not know how often passengers are actually fined by the FAA for violating 14 C.F.R. 121.575(a). But it has happened before. In 2010, a Continental Airlines passenger named Clare Elaine Spearing was fined $1,100 for violating 121.575(a). (Figures it was a PMCO FA who turned the passenger in !)
Here is an excerpt from the FAA Administrative Law Judge's opinion:
Respondent [Spearing] had purchased a bottle of champagne that she then carried with her aboard the aircraft. Once on board the aircraft, Respondent [Spearing] is alleged to have poured herself a glass of the champagne she had carried on board. A flight attendant subsequently instructed Respondent to refrain from drinking the champagne. Ignoring the flight attendant's request, the complaint says, Respondent proceeded to drink the champagne she had poured.
So if you bring booze on a plane and serve yourself, realize there's a nonzero possibility you could be fined up to $1,100 by the FAA. If you cannot bear the prospect of paying such a fine, you should probably pay the $7 to UA for their crap cocktails. Whether violating 121.575(a) is rational or not, well, that's your call!
Last edited by jbsay; Jan 23, 2013 at 10:58 pm