Earlier quoted context omitted.
I am not convinced that 91.3 and 91.11 CFR 14 are suspended once the airplane is stationary on the ground, could you elaborate? ICAO defines an accident to be "An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked" and fulfilling various further criteria. So, accordi…
Neither FAR applies when you're fully in compliance with safety instructions and regulations, but not complying with non-safety requests ostensibly based strictly on the contract of carriage. FAR 91.3(a) does not give the pilot the power to command you to drop trou and kiss your own ass, or else he'll throw you off the plane. That's not the intent behind that regulation, at all. It's a safety regulation, to give the…
Granted, of course. But it does give the captain the authority, I'd claim - you follow the orders, and then later (outside the airplane) might discuss, question, and take legal recourse.
What if you refuse to switch off your electronic device during take-off, pointing out (correctly, most likely) that it's not actually safety relevant? Or you refuse to move your luggage, sitting in a window seat, arguing that it won't hamper anyone's evacuation? Or what if someone is standing up during taxi arguing that most likely there won't be any sudden acceleration, if so only they themselves are likely to be injured, and they'll hold on to something anyways?
Or, to take a case I've thought about a lot, Saudia Flight 163. The plane took off, caught fire, landed, and taxied. Apparently there was some delay before evacuation, and all people on board perished in the fire. Maybe they would've been better off if some pax had initiated the evacuation before the order was given. Does that now justify that we make our own judgement as passengers as to when to evacuate? And talking of evacuation, you are not supposed to bring your cabin luggage with you as it might obstruct others. But hey, I'll be really fast taking it out, and it's really important to me (maybe I'm a doctor, and my stethoscope is in there), and it's really small, so I'll just take my luggage anyway, I'm so special and it's not safety relevant in my judgement. Do you really want to open the door to everyone making their own judgements in these matters?
See, my instinct in all these cases is - no, you follow the instructions of the crew. Part of it is historical, of course - aviation used to be a dangerous business. In the army and on a ship and in an airplane, you follow orders by the commander - because the stakes are so high (death, and not only for yourself, but also for others), and the asymmetry in information is so high.
Now, yes, there are exceptions (in another comment board someone, in true Godwin's law, did bring up the holocaust and slavery when I argued for following the law), see the Radbruch formula, developed by German law professors after WW II stating that you have to follow the law, unless "it is unbearably injust".
So my point in this whole discussion (as a pilot myself with a smidgen of familiarity with the airline business) is: you follow the instructions of the captain (and by extension, crew), except in extreme cases, or suffer the consequences.
Now, you could make the argument that these broad historical circumstances have shifted. Aviation has been a victim of its own success, in a sense - it is so incredibly safe today (thanks to adherence to well thought-out procedures), that people perceive it more like a bus trip than a dangerous journey. And who wants to listen to a bus driver? What expertise does he have? We all know how to drive.
That argument can be made, and maybe it is right. But I'd argue that if we let everyone make their own judgements as to what is safe or legal on board, we jeopardise the very safety that's been achieved. So far, the jurisdiction of captain and crew on a plane or vessel are pretty absolute (remember that they can or could perform marriages, for example), I'd say, and deliberately so.
Is this a case where that authority has been abused? Maybe (though if the deadheading crew didn't reach their destination, planeloads of pax would have been denied a flight). But is it a reason to throw the whole edifice out of the window? I don't think so, yet.
https://en.wikipedia.org/wiki/Saudia_Flight_163
https://en.wikipedia.org/wiki/Radbruch_formula
PS: I note in passing that my posts on this issue are my most down voted ever, burning some Karma here, but hey, saying what I think :-)