Crazy airline story - is this legal?

Short version - cousin is on a flight. Announcement made plane has mechanical issue and must turn back. Passengers told to assume crash position - bumpy landing - everyone ok.

Announcement made that no one is allowed to use their phones - no pictures or video permitted - no calls or texts sent. Is that legal?

Cousin sent short text to his father that flight was delayed, since he was picking him up. Another passenger must have reported him - because he was paged to come forward - airline staff threatened to take his phone if he did not show them the text he sent - which he did - and they dropped the inquiry since it was short and did not go into any detail on plane issue.

Do we as passengers have any rights? Is this legal?

Without knowing the specifics, yes. 49 U.S.Code 46504. Whether the flight crew is overstepping is a different question. Many/most airlines will have a phrase in their guidelines to the effect of “The use of cameras and mobile devices is permitted onboard to capture personal events but can never interfere with the safety of a flight and should always respect others’ privacy.”

Yes. You have the right to comply with the instructions of the flight crew. Alternatively, you have the right not to fly. Honestly, in this day and age, what is to be gained by not adhering to the instructions of the crew?

Wow, ok, it sounded nuts to me. That’s why I asked.

When you purchase the ticket, you are also agreeing to their terms and conditions.

It can be both nuts and legal. It is a federal offense not to comply with crewmember instructions. If they want to make a case out of it, they can. The law assumes good faith on the part of the crew – i.e. that the instructions are for passenger comfort and safety. That assumption seems a little sketchy here.

That rule applies to interfering with a flight crew:

“An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both.”

Sening a text or taking a photo is interfering with a flight crew? If the plane may be about to crash and you want to text a loved one - that is not permitted?

Again, the passenger can always challenge. But the place to do so in a court of law, not on board the plane.

Ok. I hate situations where a person with a little bit of power gets carried away, and that is how I see this, but ok, I hear you.

I’m with you, @rockvillemom. I believe these types of agreements are called adhesion contracts.

What was the timing of the announcement about no calls/texts and the questioning of the cousin in context to the turn around and assuming a crash position?

If the crew instructs you not to do something and you do it, you are interfering with the crew. It was not that long ago the phones where not allowed to be on during take offs and landings AT ALL and many people got into trouble for it (Alec Baldwin was playing a very important game of Words with Friends).

It is also possible that there was a security issue with the flight,regardless of the official reason given for the return. That would explain the demand that no outside contact be made until cleared.

Ok, good points.

@doschicos - I believe the announcements about no calls/texts or photos was after they were told the plane had a mechanical issue and was returning to Atlanta. Then came announcement to assume crash landing position. Hard landing - my cousin thinks it was an issue with landing gear.

Once in terminal, everyone checked over, no injuries. Cousin was paged to come up front - he thought he was being given a new boarding pass for new flight - but instead he was informed that another passenger reported he was texting and they demanded to see his phone. He had sent a short text to elderly father advising him he would be late. They dropped it after seeing the very short text.

When was he texting? It is typical that there is no use of cell phone transmission or reception (airplane mode or airplane wifi may be allowed) during flight, and that they be turned off during take-off and landing.

In the case of a flight emergency, I could see in the moment that they don’t want folks focused on texting/calling/snapping a photo as opposed to assuming the proper crash position. Additionally, if they did crash or make some kind of sharp maneuver, a cell phone could fly out of someone’s hand and become a projectile. Who knows if that was the reason or something else like trying to control any pr around the incident.

The questioning in the terminal seems heavy handed.

I can see why announcement about no phones etc. was made - the aircraft was still in flight. Even though it has been argued to death that phones do not interfere with avionics etc., the last thing airline needed was to defend itself from someone claiming that during that crash landing someone’s phone caused something that led to some injuries…

I don’t see why this person couldn’t wait until the flight crew gave the “all clear” sign to the passengers before he sent out his text in any case. Everyone else had the same issue of having to alert whomever was meeting the flight that they’d be late and generally the crew does let everyone know when it is OK to use their phones. Yes, I don’t like people in authority to abuse their power but I also don’t like it when someone decides the announcement does NOT include them for whatever reason and choose not to comply with clear instructions.

He seemed to think it was more of a pr thing, but who knows. Upsetting experience all the way around.

I would not have given them my phone! I haven’t read the statute, but I assume you don’t give up your right keep your phone private.

In the moment, you don’t really get to decide WHY the crew is making an announcement. You are SUPPOSED to comply, for the safety of yourself and your fellow passengers. If you choose not to comply and you or others are injured as a result, it is YOUR fault. None of us have perfect knowledge about why announcements are made–after the event is over, if folks want to, they can question it and bring it up with appropriate authorities. In the moment, I see no advantage to anyone in choosing to disobey clear instructions.

Many of us have been jostled and some have been injured by idiots who decide to stand and remove their luggage during landing when everyone is supposed to remain seated. It is true that until recently, no one was allowed to use electronics during takeoff OR landing anyway.