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Legally, when must they let you off the plane/return to gate?

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Legally, when must they let you off the plane/return to gate?

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Old Jun 13, 2001, 10:59 am
  #1  
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Legally, when must they let you off the plane/return to gate?

Came up at dinner last night. Just curious, under what circumstances must a plane, say waiting in line to take off, return to the gate?

Came up because we were talking about that crazy snowstorm with NW when everyone was stuck on the plane for 9 hours or whatever.
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Old Jun 13, 2001, 11:40 am
  #2  
 
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Legally? There's not much in the "Customer First" plan, here is a selected quote under the heading of airport Access:
<font face="Verdana, Arial, Helvetica" size="2">......If customer movement from the aircraft to the airport terminal cannot be accomplished safely due to weather conditions(i.e., snow, high wind, heavy rain, etc) then such action shall be deferred until it can be safely accomplished......</font>
Looks like they can do whatever they want as long as it doesn't compromise "passenger safety" Customer First???? Yeah...right.
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Old Jun 13, 2001, 1:52 pm
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I suppose that at some point the crew could become "illegal" (exceeding the amount of duty time prescribed in the regs). Last week I was on a UA flight between DEN and LAX that got sent to the penalty box before takeoff for almost an hour. One of the F/As commented that she hoped that they wouldn't become illegal because of the wait. I asked her how that worked, and she said the timeclock starts once the brakes are released. So time in the penalty box did count.
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Old Jun 13, 2001, 2:14 pm
  #4  
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We finally returned to the gate in Denver once after a very long day and evening to let one passenger off who passed out and to refuel, though they did not let anyone else off. Snowing, deicing, big backup.
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Old Jun 13, 2001, 2:23 pm
  #5  
JS
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Legally, the plane must return to the gate and release the passengers once the threshold of false imprisonment (civil law) has passed. However, false imprisonment cannot be defined easily like crew duty time or cruising altitude. A judge in a civil trial decides whether false imprisonment occurs, but then you would need to get off the plane first before the trial can begin...
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Old Jun 13, 2001, 3:12 pm
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JS --

Wouldn't this be unlawful restraint instead of false imprisonment?
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Old Jun 13, 2001, 3:39 pm
  #7  
 
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Not that I would recommend this course of action, , but if one were to act in such a manner as to violate FAA Aviation Regulations that state that "no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmembers duties aboard an aircraft being operated," one might have a fairly reasonable expectation of a quick return to the gate (although with a further detour thereafter as well).
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Old Jun 13, 2001, 4:43 pm
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Resistance is futile, you must obey
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Old Jun 13, 2001, 6:18 pm
  #9  
 
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Along a more legal (but no more ethical line) one could always feign illness and would probably be let off the plane rather quickly . . .
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Old Jun 14, 2001, 6:09 pm
  #10  
 
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Northwest held people for 8-9 hours once. Feces and urine overflowed from the toilets, and they ran out of water and food. People were asked to urinate in cups. Newborn babies and diabetics went without eating. Someone called the CEO of NW at his home to no avail.

I would have opened the exit and jumped out -- willing to take my chances in court.
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Old Jun 14, 2001, 8:32 pm
  #11  
 
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I was stuck on the runway at O'Hare in a UA plane once...for 4 or 5 hours. After that I always brought my own food & water on board.
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Old Jun 14, 2001, 10:18 pm
  #12  
 
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I was stuck (along with the rest of the passengers) one time in Puerto Plata waiting for an American Eagle flight to San Juan. Shortly before departure, the a/c experienced mechanical problems and we had to wait for mechanics and a spare part to be airlifted in from Miami.

We had already cleared passport control and were stuck in the un airconditioned departure lounge for over 6 hours without adquate food or water. Shortly before departure, several of the passengers rebelled and refused to board the flight, since we were all certain to miss our onward connections in San Juan. The AA agent in charge summoned the Dominican soldiers responsible for security at the airport, who proceeded to round everyone up-- some had tried fleeing across the tarmac. Everyone was forced on the plane and we departed.

The airplane's supply of water and soft drinks was quickly exhausted and parents resorted to giving their children beer to drink. One of the passengers passed out from exhaustion/dehydration and a medical emergency was declared, which at least expedited our arrival into SJU.

It was incredibly frustrating-- we weren't allowed to make phone calls or pass messages while we were stranded and my colleagues who were awaiting my arrival in the U.S. became extremely concerned when I didn't show up for an important business meeting.
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