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Originally Posted by bocastephen
(Post 20515062)
Now being booted off a flight is at the discretion of the crew - so while you can be removed from a flight, you cannot be charged with interfering if all you did was refuse to comply with an unenforceable crew member instruction.
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Originally Posted by Always Flyin
(Post 20513850)
Schaeffer v. Cavallero (S.D.N.Y. 1999) 54 F.Supp.2d 350, 352 [citing 14 C.F.R. § 91.11.]
The first is like a restaurant employee asking you to leave the restaurant, the second is like the restaurant employee asking you to not leave your bag in the aisle. Of course, if you don't listen to the rep's request on the latter portion, they may invoke the earlier portion. Regardless, anyone has the right to ask you to leave their property, and you're obligated to comply. An airline rep can ask you to leave the plane for ANY REASON WHATSOEVER and you're obligated to do so. You may have some recourse after the fact, but if they say get off the plane, then you have to get off the plane. If they ask you to raise the window shade (and you're not in an exit row where there are legit safety reasons for the shade to be open on takeoff and landing) and you refuse, you're not going to run into trouble with the law. Unless they then decide to ask you to leave the plane and you don't. My general policy when encountering craziness on the part of employees (not limited to airlines) is to suggest the reasonable course of action to the employee, and if not accepted, raise it as a customer service issue after the fact (assuming it's not an error of safety or some such that really should be addressed on the spot.) In the case of the window shade, I'd suggest that there's no reason the state of the window shade in a non-exit row matters, and should that not be sufficient, email in on arrival to suggest retraining.
Originally Posted by bocastephen
(Post 20515062)
For example, a crew member cannot legally instruct you to stand on your head, remove your clothing, spend the flight in the restroom, chew your food before swallowing, not read Time Magazine, etc.
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Originally Posted by Sykes
(Post 20515168)
Absolutely true, but how do you discern between a policy that is made up by the FA on the spot and a policy that actually airline procedure? While I agree that this was probably just a control-freak FA in the OP's scenario, it is entirely plausible that this UX carrier could have a policy that requires shades to be up when the aircraft is on the ground.
In these examples, I would argue and take the position upon arrival that if an incident is filed and the police are waiting for me, I am pretty sure they won't take too kindly (to the FA) to the fact they were called about an inflight disruption that turned out to be a passenger taking photos of their dinner. Now if the FA ordered you to fasten your seatbelt, would you ignore that instruction? No. Return to your seat - ignore? No. |
Originally Posted by bocastephen
(Post 20515312)
In these examples, I would argue and take the position upon arrival that if an incident is filed and the police are waiting for me, I am pretty sure they won't take too kindly (to the FA) to the fact they were called about an inflight disruption that turned out to be a passenger taking photos of their dinner.
Generally I just don't think it's worth a battle with the FA. Let the corporation know and train. If I have enough experiences where the corporation fails to do that, I'll switch corporations. (And thus far, I'd say my service on UA has been pretty good overall - I really don't run into these types of issues at all.) |
Originally Posted by ORDnHKG
(Post 20510798)
Actually no, you can call this BS or whatever, when a fight crew no matter on duty or off duty deadheading or commute, as long as they are in uniform, and you ignore the instructions and become argumentative, very likely you will be kicked off the plane.
It is not like this is something new, or did you forget a few weeks ago there was a long thread about a FTer being kicked off just because he took several photos inside the plane then start to talk back to the FA ? By no means someone taking photos inside the plane don't even apply to safety or regulations, yet the person was offloaded. [QUOTE=DavidRS4;20510681]I was flying on an E-170 in the 2nd row of first class. I closed my window shade when I first came on board and was reading while waiting for everyone else to board. A few people board and the FA tells me "The window shade needs to be fully up". I responded "Yes, I am aware it needs to be up for takeoff and will raise it as soon as the door is closed" (At this point we were about 10 min out from closing the door.) I was then told that it has to be up anytime the plane is on the ground. I immediately complied with the request and then asked if that was a new policy as my impression from all of my previous flights was that it had to be up once the door was closed. The FA then said no it always has to be up on the ground. Is this something new? QUOTE] What I find interesting is, people would rather come on FT and write this, knowing well and good that the FA blew BS up his but. Why didn't you write the airline and ask them if this way BS, get the FA's name and let the airlines deal with it. Behavior like this will never change unless people speak up and let the airline know what is being said to paying PAX's. |
Originally Posted by Ducati
(Post 20510938)
Your statement is unclear. Taking photos inside a plane is indeed a violation on many airlines if it involves procedures or personnel.
http://www.flyertalk.com/forum/check...ing-photo.html |
Originally Posted by ORDnHKG
(Post 20510798)
Actually no, you can call this BS or whatever, when a fight crew no matter on duty or off duty deadheading or commute, as long as they are in uniform, and you ignore the instructions and become argumentative, very likely you will be kicked off the plane...
So you most certainly can ask about the rule or safety issue involved.
Originally Posted by Always Flyin
(Post 20513850)
[O]nce instructed by an authorized airline representative to leave the plane, the plaintiff had a duty to obey.
Years ago, I got into a bad tiff with an SQ FA while still on the ground in Europe. She escalated to the purser then the FO who then demanded that I leave the plane. Me being inexperienced and feeling in the right demanded that instruction in written and handed him pen and paper. He refused to write it down (as he smelled my intentions) and still insisted on me leaving. I told him to get the police as I wanted neutral witnesses. The captain finally let me stay. |
Originally Posted by raehl311
(Post 20515200)
Regardless, anyone has the right to ask you to leave their property, and you're obligated to comply. An airline rep can ask you to leave the plane for ANY REASON WHATSOEVER and you're obligated to do so. You may have some recourse after the fact, but if they say get off the plane, then you have to get off the plane.
If they ask you to raise the window shade (and you're not in an exit row where there are legit safety reasons for the shade to be open on takeoff and landing) and you refuse, you're not going to run into trouble with the law. ....................... Well, they can legally instruct you to do anything... there is just unlikely to be any legal consequence for failing to follow such instructions. All blacks to the back of the plane would be illegal. |
Originally Posted by Sykes
(Post 20515168)
Absolutely true, but how do you discern between a policy that is made up by the FA on the spot and a policy that actually airline procedure? While I agree that this was probably just a control-freak FA in the OP's scenario, it is entirely plausible that this UX carrier could have a policy that requires shades to be up when the aircraft is on the ground.
Power-tripping FAs aside, I think a policy of shades up during the critical phases of taxi, takeoff, and landing is integral to good situational awareness. I wouldn't mind seeing it consistent across UA, or even industrywide as an FAR. Just don't make us raise the shades till the cabin door closes. @:-) |
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