Narrative:

On nov/xx/94 I was PIC of flight from tpa to pfn. After arriving into pfn a passenger notified me and my first officer that their ticketed 2 1/2 yr old daughter had to situation on her father's lap because another passenger had occupied her seat. Therefore I had unknowingly conducted a flight with 1 too many passenger aboard in violation of far 135.128. I attribute this violation to the following: 1) failure of the tpa gate agents to adequately monitor how many passenger were boarded on this flight. 2) failure of the child's parents to notify either of the gate agents who were aboard the aircraft prior to departure. 3) failure of the child's father to notify the first officer when he personally briefed this father on 'seat belt requirements for passenger with lap children.' there was no reason for the first officer to suspect that the child was not a lap child since: 1) the father carried the child aboard the aircraft. 2) the child's size made it appear to the first officer that she was under 2 yrs of age. 3) the parents did not bring aboard a child restraint seat which is customarily done for a ticketed child of this size. 4) though they had ample time neither parent expressed to him that there was a problem until after the flight terminated. It is very stressful to my first officer and me to incorporate the due care we do in performing our duties and still find ourselves a party to such a serious safety and far violation. Supplemental information from acn 287783: during the departure briefing I 1) verified the children were under 2 yrs of age. 2) that the children were lap children. 3) that the parents had the belts on around themselves, and were holding the children separate. The answer to all my questions were acknowledged yes by the adults with the children. After deplaning our aircraft at the destination I was approached by 1 of the passenger holding the lap children. She was upset that her son had to situation on her lap from tampa to panama city. Upon further conservation I was informed that the child on her lap was not a lap child as she had previously stated. The passenger count that the crew was given stated 19 passenger and 2 lap children. This was verified not only by myself but also by the gate supervisor and the 2 adults with the children. In conclusion I did everything within my power to verify the count and ensure that the aircraft was run in a safe and legal manner. Due to factors beyond my control I was unable to foresee the potential problem.

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Original NASA ASRS Text

Title: TOO MANY PAX ONBOARD ACFT.

Narrative: ON NOV/XX/94 I WAS PIC OF FLT FROM TPA TO PFN. AFTER ARRIVING INTO PFN A PAX NOTIFIED ME AND MY FO THAT THEIR TICKETED 2 1/2 YR OLD DAUGHTER HAD TO SIT ON HER FATHER'S LAP BECAUSE ANOTHER PAX HAD OCCUPIED HER SEAT. THEREFORE I HAD UNKNOWINGLY CONDUCTED A FLT WITH 1 TOO MANY PAX ABOARD IN VIOLATION OF FAR 135.128. I ATTRIBUTE THIS VIOLATION TO THE FOLLOWING: 1) FAILURE OF THE TPA GATE AGENTS TO ADEQUATELY MONITOR HOW MANY PAX WERE BOARDED ON THIS FLT. 2) FAILURE OF THE CHILD'S PARENTS TO NOTIFY EITHER OF THE GATE AGENTS WHO WERE ABOARD THE ACFT PRIOR TO DEP. 3) FAILURE OF THE CHILD'S FATHER TO NOTIFY THE FO WHEN HE PERSONALLY BRIEFED THIS FATHER ON 'SEAT BELT REQUIREMENTS FOR PAX WITH LAP CHILDREN.' THERE WAS NO REASON FOR THE FO TO SUSPECT THAT THE CHILD WAS NOT A LAP CHILD SINCE: 1) THE FATHER CARRIED THE CHILD ABOARD THE ACFT. 2) THE CHILD'S SIZE MADE IT APPEAR TO THE FO THAT SHE WAS UNDER 2 YRS OF AGE. 3) THE PARENTS DID NOT BRING ABOARD A CHILD RESTRAINT SEAT WHICH IS CUSTOMARILY DONE FOR A TICKETED CHILD OF THIS SIZE. 4) THOUGH THEY HAD AMPLE TIME NEITHER PARENT EXPRESSED TO HIM THAT THERE WAS A PROB UNTIL AFTER THE FLT TERMINATED. IT IS VERY STRESSFUL TO MY FO AND ME TO INCORPORATE THE DUE CARE WE DO IN PERFORMING OUR DUTIES AND STILL FIND OURSELVES A PARTY TO SUCH A SERIOUS SAFETY AND FAR VIOLATION. SUPPLEMENTAL INFO FROM ACN 287783: DURING THE DEP BRIEFING I 1) VERIFIED THE CHILDREN WERE UNDER 2 YRS OF AGE. 2) THAT THE CHILDREN WERE LAP CHILDREN. 3) THAT THE PARENTS HAD THE BELTS ON AROUND THEMSELVES, AND WERE HOLDING THE CHILDREN SEPARATE. THE ANSWER TO ALL MY QUESTIONS WERE ACKNOWLEDGED YES BY THE ADULTS WITH THE CHILDREN. AFTER DEPLANING OUR ACFT AT THE DEST I WAS APCHED BY 1 OF THE PAX HOLDING THE LAP CHILDREN. SHE WAS UPSET THAT HER SON HAD TO SIT ON HER LAP FROM TAMPA TO PANAMA CITY. UPON FURTHER CONSERVATION I WAS INFORMED THAT THE CHILD ON HER LAP WAS NOT A LAP CHILD AS SHE HAD PREVIOUSLY STATED. THE PAX COUNT THAT THE CREW WAS GIVEN STATED 19 PAX AND 2 LAP CHILDREN. THIS WAS VERIFIED NOT ONLY BY MYSELF BUT ALSO BY THE GATE SUPVR AND THE 2 ADULTS WITH THE CHILDREN. IN CONCLUSION I DID EVERYTHING WITHIN MY PWR TO VERIFY THE COUNT AND ENSURE THAT THE ACFT WAS RUN IN A SAFE AND LEGAL MANNER. DUE TO FACTORS BEYOND MY CTL I WAS UNABLE TO FORESEE THE POTENTIAL PROB.

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.