Passenger refused to turn off his compact disc player when requested to do so by the crew.

Attributes
ACN	246778
Time
Date	199307
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : dca
State Reference	DC
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi pilot : flight engineer
Experience	flight time last 90 days : 240 flight time total : 18000 flight time type : 5000
ASRS Report	246778
Person 2
Affiliation	company : air carrier
Function	flight attendant : on duty
Qualification	other other : other
Events
Anomaly	non adherence : far
Independent Detector	other other : unspecified
Resolutory Action	other
Consequence	Other
Supplementary
Air Traffic Incident	other

Narrative:

Passenger on my commercial scheduled flight refused to turn off compact disc player when requested by the flight attendant. He claimed it was just our company's policy to ban them, not an FAA or far requirement. He said he was an instrument flight instructor and knew the regulations. He said he knew the compact disc player was shielded because he was a professional engineer and a computer expert. I showed him far 91.21 which listed safe electronic devices and other devices that our airline could prove to be safe. Since our company didn't prove his compact disc player safe, it was banned on our airline. I believe the far is quite ambiguous and was therefore hard for him to understand. I explained that was a 'chameleon' far. If another company had proven it safe, it could be used, but if it wasn't proven safe, it couldn't be used. Either way, there is backing by an far, not just an individual company policy. He correctly and 'very importantly' pointed out that laptop computers now have powerful compact disc players for information storage, but are allowed in-flight. This hasn't been addressed anywhere by the FAA or airline mgmnts that I have seen. I suggest that individual compact disc player and computer manufacturers fund research of their product's safety.

Original NASA ASRS Text

Title: PAX REFUSED TO TURN OFF HIS COMPACT DISC PLAYER WHEN REQUESTED TO DO SO BY THE CREW.

Narrative: PAX ON MY COMMERCIAL SCHEDULED FLT REFUSED TO TURN OFF COMPACT DISC PLAYER WHEN REQUESTED BY THE FLT ATTENDANT. HE CLAIMED IT WAS JUST OUR COMPANY'S POLICY TO BAN THEM, NOT AN FAA OR FAR REQUIREMENT. HE SAID HE WAS AN INST FLT INSTRUCTOR AND KNEW THE REGS. HE SAID HE KNEW THE COMPACT DISC PLAYER WAS SHIELDED BECAUSE HE WAS A PROFESSIONAL ENGINEER AND A COMPUTER EXPERT. I SHOWED HIM FAR 91.21 WHICH LISTED SAFE ELECTRONIC DEVICES AND OTHER DEVICES THAT OUR AIRLINE COULD PROVE TO BE SAFE. SINCE OUR COMPANY DIDN'T PROVE HIS COMPACT DISC PLAYER SAFE, IT WAS BANNED ON OUR AIRLINE. I BELIEVE THE FAR IS QUITE AMBIGUOUS AND WAS THEREFORE HARD FOR HIM TO UNDERSTAND. I EXPLAINED THAT WAS A 'CHAMELEON' FAR. IF ANOTHER COMPANY HAD PROVEN IT SAFE, IT COULD BE USED, BUT IF IT WASN'T PROVEN SAFE, IT COULDN'T BE USED. EITHER WAY, THERE IS BACKING BY AN FAR, NOT JUST AN INDIVIDUAL COMPANY POLICY. HE CORRECTLY AND 'VERY IMPORTANTLY' POINTED OUT THAT LAPTOP COMPUTERS NOW HAVE POWERFUL COMPACT DISC PLAYERS FOR INFO STORAGE, BUT ARE ALLOWED INFLT. THIS HASN'T BEEN ADDRESSED ANYWHERE BY THE FAA OR AIRLINE MGMNTS THAT I HAVE SEEN. I SUGGEST THAT INDIVIDUAL COMPACT DISC PLAYER AND COMPUTER MANUFACTURERS FUND RESEARCH OF THEIR PRODUCT'S SAFETY.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.