On-board force / Special administrative law

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Page modified: Friday, June 23, 2006 20:31:45

On-board force designates the rule

the captain of a sea-going vessel or
the responsible person pilot of an aircraft

over its crew and/or its flying personnel and its passengers. In the German right it tasks and powers become of police execution officials assign.

In Germany registered vehicles are considered as German national territory, as soon as these are in enterprise (closed

Aircraft

To German aircraft apply v.a. the regulations "§ for 12 air safety law (LuftSiG):

(1) The responsible person has to ensure as Beliehener for the maintenance of security and order on board the aircraft in the flight. It is authorized in accordance with condition of paragraph 2 and the otherwise valid laws to meet the necessary measures.

(2) The responsible person may meet the necessary measures, in order to repel one in detail case existing danger for persons on board the aircraft or for the aircraft. It has to protect the principle of the proportionateness ("§ 4). In particular the 1 may determine. the identity of a person, 2. Articles guarantee, 3. a person or things scan, 4. a person bind, if facts justify the acceptance that the person the or third will damage to attack or things.

(3) For the penetration of the measures the may use means of coercion. The application of physical force is permissible only if other means of coercion are possible not, promise no success or are inappropriate. The use of firearms is a police execution official, in particular those the federal police after "§ 4a of the federal police regulation reserved.

(4) All on board persons present have to respond in accordance with paragraph 2 to the arrangements of the or its assigned one.

(5) The responsible person has to replace the damage, which results to the Federal Republic of Germany from illegal and deliberate or roughly negligent injury of its obligations on practice of the tasks and powers in accordance with the paragraphs 1 to 3. If the flight is accomplished by an aviation enterprise, this has to replace the damage, which results to the Federal Republic of Germany from an illegal and culpable injury of the obligations of the responsible person of or its assigned one on practice of the tasks and powers in accordance with the paragraphs 1 to 3.

Who commits one in paragraph 1 designated action and by force or by threat by force resistance carries out, becomes with imprisonment up to two years or with fine punishes ("§ 20 exp. 2 LuftSiG).

The beginning of on-board force depends on the closed condition of the doors, i.e. the aircraft is considered as in flight present, if the doors are closed (Tokioter agreement of 1964, chapter III, article 5, paragraph 2).

On-board force on aircraft is called also air-police jurisdiction.

Additionally to these sovereignty powers civil instruction powers e.g. exist, like the practice of possession military rights in accordance with "§"§ 859 FF. BGB and the house right exerted by it (see in addition to Hausfriedensbruch - "§ 123 StGB), the right to the self-help in accordance with "§ 229 BGB and to the self-defence in accordance with "§ 227 BGB) as well as the perception of state of emergency rights in accordance with "§"§ 228, 904. Also contractual legal bases grant the power for appropriate to the Thus all aviation enterprises in their general transport regulations stated obligations for passengers, who impose upon regarding an unimpaired Flugverlauf corresponding behavior obligations to the passengers.

Aircraft and are subject in principle to the regulations of the state in its area it are (see in particular article 1 I.C.A.O. agreement). The has to actually consider and obey therefore the right of this state, what however would be extremely unpractical. In accordance with article 6 of the agreement over punishable and certain different on board actions from 14 September 1963 (BGBl, committed aircraft. 1969 II P. 121 - Tokioter agreement) becomes the the practice of on-board force of the over strange national territory expressly certified, as the right is granted to him, all opposite a person

appropriate measures for meeting including coercive measures, which are necessary,

in order to ensure the security of the aircraft or the persons or things on board;
in order to keep the order and discipline upright on board

Navigation

For ships, which drive under German flag, "§ sailor law on-board force (excerpts) regulates 106:

If humans or the ship a direct danger threaten, then the captain can implement the arrangements given for the prevention of the danger if necessary with the necessary means of coercion; the temporary arrest is permissible. If the application of several means is applicable, then is tunlichst the means to select, which impairs the concerning to few (exp. 3). The application of physical force or the temporary arrest is permissible only if other means appear from the beginning insufficient or as insufficient proved (exp. 4).