FlyerTalk Forums - View Single Post - Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Old Apr 11, 2017, 7:13 am
  #2492  
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Originally Posted by jwh212
Part 121 OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS
Subpart T--Flight Operations

Sec. 121.580

[Prohibition on interference with crewmembers.]

[No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated under this part.]

Amdt. 121-270, Eff. 1/7/99


emphasis added above. Refusing to follow crewmember instruction is considered interference with the crew member's duties. As the US is a common law jurisdiction, the exact wording there does not need to be written the law as it might be within a civil law jurisdiction. this has been clarified over the decades via hundreds of legal cases.

here are some stats on the number of unruly passenger fines which are levied each year:

https://www.faa.gov/data_research/pa...ly_passengers/

some references to case law here:

https://www.justice.gov/usam/crimina...endants-49-usc

more plain english analysis:

http://blogs.findlaw.com/celebrity_j...-on-plane.html
I think these provisions need to be read in the right context. Here it doesn't appear to be a case of interfering with crew member duties - the crew was not mid flight, they weren't preparing the aircraft for any critical stage of the journey. They didn't have any duties to perform. The passenger was simply sitting there, not wanting to move. There was no intimidation.

Had the aircraft been in flight and the passenger refused to follow lawful instructions, or otherwise done some act which diverted, distracted or occupied crew members from performing functions that might be a different story.
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