Originally Posted by
WillTravel4Food
I'm still trying to find where the FARs state pax must comply with FA instruction to shut off all electronic devices. Many sections, including those pertaining to smoking and seat belts, have a specific clause stating a requirement to comply with crewmember instruction. But those clauses apply to only the requirements of that specific section. I have yet to find a general clause to comply with crewmembers and there is not a section in 121.306 that requires compliance with crewmebers when instructed to comply with 121.306. So this makes me wonder if the FARs provide crewmembers with the "teeth" to enforce this section. So this could put the compliance burden on the airline and not the offending pax. So the best the pilot could do would be to refuse to perform the flight or remove the pax. (See
Josh Duhamel)
Anyone out there with more FAR experience who could provide more insight?
FAs must ensure the aircraft is ready for taxi-out, take-off, landing, and that all pax are following the FARs which were mentioned earlier. When a pax fails to turn off a device, or restow carry-on baggage when informed to do so, then they are interfering with a FAs duties. When a pax fails to comply with the instructions, a pax can been issued a fine for failing to comply with crewmember instructions.
as
FXEpilot77 points out,
Interference With Flight Crew Members or Flight Attendants—49 U.S.C. 46504
One who assaults, threatens, or intimidates a flight crew member or attendant while aboard an aircraft in the special aircraft jurisdiction of the United States, and thereby interferes with the performance of that crew member's duties or lessens the ability of that crew member to perform his/her duties is punishable under this subsection.
I remember a more Senior FA told me how in doing pre-flight checks during taxi, a couple were seated at a bulkhead. They had a bag at their feet, and the FAs continuously requested them to put the bag into the OHB. The pax continued to refuse.
Fortunately, there was an FAA inspector onboard who was seated in C, witnessing the ordeal. When the pax failed to comply with the crewmember instructions by the 4th request, the FAA inspector intervened and gave the couple a ticket for "Failing to comply with Crewmember instructions, and Interfering with a Crewmembers duties.
I often wish there were more FAA inspectors onboard that would give tickets to those who fail to comply, or blow off the FAs, but then we wouldn't have enough seats for regular paying pax who do comply
