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New Tarmac Law

Asked Dec 22, 2009, 05:55 AM — 6 Answers
Hello:

The feds just passed a law that says an airline can't keep passengers on the tarmac longer than three hours if the flight is delayed....

Prior to this, apparently the crew could keep their passengers "captive" for as long as they wanted... If it was ME, and a crew did that, I would have opened one of the emergency doors to leave WHEN I wanted to.

Would they have put me in the slam if I did that? What crime would I have been guilty of? Would keeping me against my will constitute unlawful imprisonment, or even kidnapping?

excon

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6 Answers
Perito's Avatar
Perito Posts: 3,141, Reputation: 781
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#2

Dec 22, 2009, 05:59 AM
Quote:
The feds just passed a law that says an airline can't keep passengers on the tarmac longer than three hours if the flight is delayed....

Prior to this, apparently the crew could keep their passengers "captive" for as long as they wanted... If it was ME, and a crew did that, I would have opened one of the emergency doors to leave WHEN I wanted to.

Would they have put me in the slam if I did that? What crime would I have been guilty of? Would keeping me against my will constitute unlawful imprisonment, or even kidnapping?

And you would have been arrested and spent the night in jail. It's a violation of FCC regulations. On an airplane, the captain is GOD. You would not be able to claim "unlawful imprisonment" because you voluntarily purchased your ticket, and in doing so you agreed to be bound by FCC regulations. Kidnapping? Don't be silly.
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spitvenom's Avatar
spitvenom Posts: 1,269, Reputation: 1888
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#3

Dec 22, 2009, 06:11 AM
I've been stuck on the tarmac for 5 hours before. I have also spent a night in jail. Seriously, No BS, if I had to pick one I would pick the night in jail again.
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excon's Avatar
excon Posts: 20,998, Reputation: 15460
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#4

Dec 22, 2009, 06:13 AM


Quote:
Originally Posted by Perito View Post
On an airplane, the captain is GOD. You would not be able to claim "unlawful imprisonment" because you voluntarily purchased your ticket,
Hello P:

Thanks for your answer. I don't disagree that that's what would happen to me...

However, Let me ask you this. Seeing as how the captain is GOD, is there ANY length of time that he could have held his passengers, BEYOND which would have been considered unlawful?

I suspect there is.

If so, how many hours/days/weeks would it be? If there IS a LIMIT, it would be an arbitrary limit, and could be moved any direction the arbiter wanted to move it. Wouldn't that be true?

excon
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twinkiedooter's Avatar
twinkiedooter Posts: 12,172, Reputation: 6046
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#5

Dec 22, 2009, 03:53 PM
I don't fly any longer as air travel is more like being confined in a tin can. Flying used to be fun - no more with lines and security searches, etc. And delays and more delays. Either take the bus, train or drive yourself. This way you know you'll get there and approximately when. This does not work, however, if you want to travel overseas though. But there are boats you know.

As far as opening the Emergency Exit and jumping out, you can't do that Exie. Against regulations for passengers to operate the equipment unless there is an emergency. So bring a book magazine, etc along as well as a brown bag lunch to eat just in case you ARE stuck in a tin can at the end of a runway.
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twinkiedooter's Avatar
twinkiedooter Posts: 12,172, Reputation: 6046
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#6

Dec 22, 2009, 07:11 PM
excon agrees: But, I want to jump out...

Only if you wear a parachute are you permitted to jump out....... But if it's only 20 feet in the air don't bother - bother wearing the parachute that is. Wear a bungee cord....
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Perito's Avatar
Perito Posts: 3,141, Reputation: 781
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#7

Dec 22, 2009, 08:15 PM
Quote:
Originally Posted by excon View Post
Hello P:

Thanks for your answer. I don't disagree that that's what would happen to me...

However, Let me ask you this. Seeing as how the captain is GOD, is there ANY length of time that he could have held his passengers, BEYOND which would have been considered unlawful?

I suspect there is.

If so, how many hours/days/weeks would it be? If there IS a LIMIT, it would be an arbitrary limit, and could be moved any direction the arbiter wanted to move it. Wouldn't that be true?

excon
They're proposing a three hour limit right now.

People have been held people on planes for over 15 hours. I don't know what the record is. After the fact, the airlines usually apologize all over the place. They give you free tickets, etc. I guess they hope you don't sue them because even if it isn't unlawful, almost any jury in the country would nail them to the ground and make them pay -- big time. It is inhumane (maybe I should say inhuman). I don't think I've ever heard of anyone being criminally responsible for doing it. That's not to say it couldn't be done.
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