FlyerTalk Forums - View Single Post - Annoying Upgrade
View Single Post
Old Feb 10, 2016 | 8:56 am
  #18  
dchristiva
FlyerTalk Evangelist
 
Join Date: Aug 2002
Location: Formerly HPN, but then DCA and IAD for a while, and now back to HPN!
Programs: Honestly, I've been out of the travel game so long that I'm not even sure. Maybe Marriott Gold?
Posts: 10,677
Originally Posted by FlyingUnderTheRadar
The FA was wrong and not following federal regs and probably the airlines own rules.

14 CFR 121.575 - Alcoholic beverages.

§ 121.575 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him.
(b) No certificate holder may serve any alcoholic beverage to any person aboard any of its aircraft who—
(1) Appears to be intoxicated;
(2) Is escorting a person or being escorted in accordance with49 CFR 1544.221; or
(3) Has a deadly or dangerous weapon accessible to him while aboard the aircraft in accordance with49 CFR 1544.219, 1544.221, or 1544.223.
(c) No certificate holder may allow any person to board any of its aircraft if that person appears to be intoxicated.

IMHO, I would be filing a complaint with the airline and the FAA.
I would love to get a bucket of popcorn and sit back and watch lawyers argue over the definition of "appears". No chance a FA is going to invoke that part of the reg when dealing with a passenger.
dchristiva is offline