Originally Posted by
orbitmic
I don't mean to be awkward, but if a passenger sees that and complains formally against BA, they would be absolutely right. The CAA rules are extremely straightforward. Children are not allowed to sit in an emergency exit. Not cannot sit in an emergency exit for take off and landing, just cannot be sat in an emergency row full stop. I wholly disagree with the suggestion that this is only needed for take off and landing anyway - whilst those are the two most "sensitive" moments in a flight, emergency landings during cruise do happen and the last thing you want if that happens if for parents to need to reposition their kids in a different seat because that most unlikely emergency has occurred after all....
With all due respect,
CIHY has confirmed what the BA position is on several occasions on this board, so either BA is in violation of CAA rules - I think that is unlikely - or they know the rules and the CAA have no issue with what BA do on this. I personally would advise anyone to be very cautious posting on a public forum the accusation that BA are clear breach. In fact the actual guidance document from the CAA (rather than the simplified guidance on a web page) does mention taxi, take off and landing and distinguishes those phases of flight from the others. This is in relation to occupation, but if there was some risk during the other phases of flight it would cover all phases. There doesn't seem to be any requirement for emergency exit rows to be occupied by eligible people, or indeed occupied at all, outside taxi, take-off and landing phases of flight.
https://publicapps.caa.co.uk/docs/33/CAP%20789.pdf see page 347
9 Occupancy of Passenger Seats next to Self-Help Emergency Exits
9.1 The aircraft certification process for emergency evacuation assumes that seats next to self-help emergency exits are occupied by passengers (or in some instances by cabin crew). From an operational perspective, the occupancy of such seats has the potential benefit of a passenger being able to operate the emergency exit at an early stage if an emergency evacuation is required. If these seats are unoccupied, the operation of the exit and subsequent evacuation could be delayed. This situation would require passengers to move from their seats to the exit and then familiarise themselves with its operation (the instructions for which are often located on a passenger seat-back) prior to opening the exit.
9.2 Operators should ensure that the passenger seats immediately adjacent to self-help emergency exits are occupied during the taxi, take-off and landing phases of flight. Such procedures should take into account any seating restrictions for certain categories of passengers in line with Operations Manual procedures.
9.3 Operators should also consider providing an abbreviated briefing to passengers seated at self-help emergency exits in order to determine their suitability to occupy those seats, seek their initial agreement to assist in an emergency and to advise them to read and understand the operating instructions contained on the seat-back placards, exit hatch and safety card.
For the sake of clarity, BA's position is during taxi, take off, and landing only eligible people may sit in an exit row. At any other time during the flight anyone may sit there. I know of no situation ever where an emergency evacuation was needed immediately after an aircraft was at cruise where there was no time or opportunity to move people back.