In-flight security post 9/11 • Traditionally, the final authority on board an aircraft is the Pilot in Command (PIC) • This tradition was adopted from maritime law where the captain of the ship had absolute authority over the vessel and its passengers and crew • PIC has the authority to detain individuals that pose a risk to the safety of flight • Federal Air Marshals have arrest authority on-board an aircraft PIC Authority - FAR 121.533 • (d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crew and is responsible for the safety of the passengers, crewmembers, cargo, and airplane. • (e) Each pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid certificates authorizing him to perform the duties of those crewmembers. Federal Air Marshal Service (FAMS) • Instituted in 1961 by John F. Kennedy in an amendment of the Federal Aviation Act of 1958 • Purpose is to prevent terrorist hijackings • Originally called the Sky Marshal Program, was relatively small with 18 deputized FAA inspectors in 1962 • The International Security and Development Act of 1985 expanded the Federal Air Marshal program to international flights and was instituted by Regan as a response the hijacking of TWA 847 • Underwent major expansion through the Bush administration as a result of 9/11 • 33 full time air marshals prior • 600 air marshals hired, trained, and activated within a month of 9/11 • Thousands of air marshals operating with a budget of $1 billion by 2003 Federal Air Marshal authority and responsibilities • Protecting US commercial aviation and interests in foreign countries • Arrest authority • Criminal investigations • Seeking and executing search warrants and arrest warrants • Testifying in court • Performing interrogations or interviews • Represent US government abroad • Work with foreign law enforcement References • FAA. (2021). FAR 121.533 – Responsibility for operational control: domestic operations. https://www.ecfr.gov/current/title-14/chapterI/subchapter-G/part-121/subpart-T/section-121.533 • Federal Law Enforcement. (2021) What is a US air marshal? https://www.federallawenforcement.org/air-marshal/what-is-an-airmarshal/ • Prokopovic, K. (2019). What kind of legal authority does captain have during the flight? https://aviationvoice.com/what-kind-of-legalauthorities-does-captain-have-during-the-flight-201908141625/
