Posted Jul 25, 2014, 10:02 PM
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YIMBY
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Join Date: Aug 2008
Posts: 2,938
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Quote:
Originally Posted by Cage
Admittedly that section was difficult to write and more difficult to read.
Here s another attempt.
In the USA the FA can make any accusation they want, however in Canada they must have a bonafide reason for their accusation. The problem stems from the section of the aeronautics act that requires passengers to follow crew member instructions. In the USA this is interpreted much more broadly than in Canada, based on legal precedent.
For example the FA tells pax to shut down all electronics immediately. Pax starts the shut down process but not fast enough for the FA. FA threatens to have pax arrested for failure to follow crew member instructions. In the USA the FA is immune from having to justify their actions in the court of law. However in Canada, the pax can ask for judicial review of the FA actions. As soon as the FA actions become a matter/question of law, they must remain in the jurisdiction for an extended period of time.
It is detaining the FA that is consequence for making a false accusation. Additionally, it is the Captain that has final authority while inflight. So if the FA is detained, so is the Captain.
ETA: it is the uniqueness of local law is the reason for many catch and release scenarios played out in Gander NL. Plane diverts for unruly drunken pax, Passenger get ejected from the airplane. FA gets ejected as well because they over served said pax unless the pax was drinking from their own alcohol. USA based FAs usually miss the requirement that they follow NL Pro-serve guidelines in order for the drunken charge to stick.
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Interesting, didn't realize that.
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Disclaimer: All opinions expressed are my own not those of any affiliated organizations.
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