Narrative:

I had to pull the trip's paperwork from gate X. Passenger were loading when I went to the aircraft. The agent was ahead of me with 2 forms. Obviously, I had not been informed prior to boarding that, according to the forms, we were transporting a maximum risk prisoner with 2 armed escorts. In discussing the matter with agent, she first tried to tell me she had given the forms to the captain. Since I was the captain, I told her that was impossible. She then said she had given them to the flight engineer, which I also told her we did not have on a B737. Having established some credibility, I asked why part 1, section 13, paragraph 1.18 F (far 108.11) (captain notified by agent before boarding armed passenger) was not complied with. Initially, she said she knew this and had complied, until I pointed out that clearly the captain (not any other crew member) had to be notified and notified before boarding. I also asked why part 1 section 13, paragraph 1.20 7 (prisoners should be boarded first and removed last) was not complied with. I was told the guards and prisoner had arrived late. The delay was claimed to be due to traffic. According to the agent, she was called from the front ticket counter and told to get these 3 people on the flight. Besides not complying with the cited FARS, the handling of this caused a passenger disturbance. 1 passenger was moved to accommodate the guards and prisoner. This passenger began to complain loudly that he wanted to situation with his wife and 2 children (seated across the aisle from him). All 4 were accommodated in first class for the 32 min flight, since the loss of his seat was caused by the late arrival of the guards and prisoner. While I had strong reservations about how all this was handled, by the time I became aware of it, I decided it would be best handled by continuing, rather than removing the prisoner. In the interest of safety, all agents and police agencies must be in compliance with these FARS. I was unable to confirm any particulars with the guards concerning their understanding of restrs on the prisoner's movement and restraint -- nor the guards' responsibilities with their firearms. Given that they did not comply with the boarding requirements, I wonder that they fully understood their other obligations, and also, whether I should have removed the guards and prisoners for non compliance.

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Original NASA ASRS Text

Title: PLT RPT, B737, MIA-TPA. CUSTOMER SVC TRIED TO BOARD PRISONER WITH GUARDS WITHOUT CAPT'S PERMISSION, FAR 108 PT 11. CAPT REPRIMANDED AGENT. PAX RESEATED.

Narrative: I HAD TO PULL THE TRIP'S PAPERWORK FROM GATE X. PAX WERE LOADING WHEN I WENT TO THE ACFT. THE AGENT WAS AHEAD OF ME WITH 2 FORMS. OBVIOUSLY, I HAD NOT BEEN INFORMED PRIOR TO BOARDING THAT, ACCORDING TO THE FORMS, WE WERE TRANSPORTING A MAX RISK PRISONER WITH 2 ARMED ESCORTS. IN DISCUSSING THE MATTER WITH AGENT, SHE FIRST TRIED TO TELL ME SHE HAD GIVEN THE FORMS TO THE CAPT. SINCE I WAS THE CAPT, I TOLD HER THAT WAS IMPOSSIBLE. SHE THEN SAID SHE HAD GIVEN THEM TO THE FE, WHICH I ALSO TOLD HER WE DID NOT HAVE ON A B737. HAVING ESTABLISHED SOME CREDIBILITY, I ASKED WHY PART 1, SECTION 13, PARAGRAPH 1.18 F (FAR 108.11) (CAPT NOTIFIED BY AGENT BEFORE BOARDING ARMED PAX) WAS NOT COMPLIED WITH. INITIALLY, SHE SAID SHE KNEW THIS AND HAD COMPLIED, UNTIL I POINTED OUT THAT CLRLY THE CAPT (NOT ANY OTHER CREW MEMBER) HAD TO BE NOTIFIED AND NOTIFIED BEFORE BOARDING. I ALSO ASKED WHY PART 1 SECTION 13, PARAGRAPH 1.20 7 (PRISONERS SHOULD BE BOARDED FIRST AND REMOVED LAST) WAS NOT COMPLIED WITH. I WAS TOLD THE GUARDS AND PRISONER HAD ARRIVED LATE. THE DELAY WAS CLAIMED TO BE DUE TO TFC. ACCORDING TO THE AGENT, SHE WAS CALLED FROM THE FRONT TICKET COUNTER AND TOLD TO GET THESE 3 PEOPLE ON THE FLT. BESIDES NOT COMPLYING WITH THE CITED FARS, THE HANDLING OF THIS CAUSED A PAX DISTURBANCE. 1 PAX WAS MOVED TO ACCOMMODATE THE GUARDS AND PRISONER. THIS PAX BEGAN TO COMPLAIN LOUDLY THAT HE WANTED TO SIT WITH HIS WIFE AND 2 CHILDREN (SEATED ACROSS THE AISLE FROM HIM). ALL 4 WERE ACCOMMODATED IN FIRST CLASS FOR THE 32 MIN FLT, SINCE THE LOSS OF HIS SEAT WAS CAUSED BY THE LATE ARR OF THE GUARDS AND PRISONER. WHILE I HAD STRONG RESERVATIONS ABOUT HOW ALL THIS WAS HANDLED, BY THE TIME I BECAME AWARE OF IT, I DECIDED IT WOULD BE BEST HANDLED BY CONTINUING, RATHER THAN REMOVING THE PRISONER. IN THE INTEREST OF SAFETY, ALL AGENTS AND POLICE AGENCIES MUST BE IN COMPLIANCE WITH THESE FARS. I WAS UNABLE TO CONFIRM ANY PARTICULARS WITH THE GUARDS CONCERNING THEIR UNDERSTANDING OF RESTRS ON THE PRISONER'S MOVEMENT AND RESTRAINT -- NOR THE GUARDS' RESPONSIBILITIES WITH THEIR FIREARMS. GIVEN THAT THEY DID NOT COMPLY WITH THE BOARDING REQUIREMENTS, I WONDER THAT THEY FULLY UNDERSTOOD THEIR OTHER OBLIGATIONS, AND ALSO, WHETHER I SHOULD HAVE REMOVED THE GUARDS AND PRISONERS FOR NON COMPLIANCE.

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.