Narrative:

I was rerted and swapped aircraft with the other first officer who told me that another captain will be arriving soon to do the flight. Passenger were already loaded with all 3 flight attendants on board. About 30 mins had passed when I asked the operations agent where the captain was; so I could tell the passenger how long we may be delayed. The operations agent said the captain had landed 3 hours ago; so I called scheduling and found out that scheduling didn't know where the captain was so they were going to find someone else to do the trip. We were now delayed about 1 1/2 hours at this point. The operations agent then said we need to tow the aircraft to another gate because we were at a gate which belonged to another carrier gate. I told operations that I don't believe we can tow an aircraft with passenger on board without a captain. The operations agent called and nobody knew. I started looking in the fom at this time and told operations to ask maintenance. About 5 mins later maintenance was there and he got in the captain's seat and without even saying anything to me; got on the radio and flight interphone and began to have us towed. I asked if he had done this before with passenger onboard and he replied 'all the time.' I politely said I think we need a captain; as I was still looking in the fom. We were then at the new gate. The captain showed about thirty mins later and we flew to destination. I should have called a chief pilot to ask if we could be towed or just told maintenance we are not being towed anywhere until I find it in the fom. Call the chief pilot any time you are not sure of a procedure. Have operations and maintenance be aware of the policy for this situation.

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Original NASA ASRS Text

Title: B757-700 FO QUESTIONS THE LEGALITY OF MAINT PERSONNEL TOWING AN ACFT WITH PAX ABOARD TO ANOTHER GATE WITHOUT THE CAPT ON BOARD.

Narrative: I WAS RERTED AND SWAPPED ACFT WITH THE OTHER FO WHO TOLD ME THAT ANOTHER CAPT WILL BE ARRIVING SOON TO DO THE FLT. PAX WERE ALREADY LOADED WITH ALL 3 FLT ATTENDANTS ON BOARD. ABOUT 30 MINS HAD PASSED WHEN I ASKED THE OPS AGENT WHERE THE CAPT WAS; SO I COULD TELL THE PAX HOW LONG WE MAY BE DELAYED. THE OPS AGENT SAID THE CAPT HAD LANDED 3 HRS AGO; SO I CALLED SCHEDULING AND FOUND OUT THAT SCHEDULING DIDN'T KNOW WHERE THE CAPT WAS SO THEY WERE GOING TO FIND SOMEONE ELSE TO DO THE TRIP. WE WERE NOW DELAYED ABOUT 1 1/2 HRS AT THIS POINT. THE OPS AGENT THEN SAID WE NEED TO TOW THE ACFT TO ANOTHER GATE BECAUSE WE WERE AT A GATE WHICH BELONGED TO ANOTHER CARRIER GATE. I TOLD OPS THAT I DON'T BELIEVE WE CAN TOW AN ACFT WITH PAX ON BOARD WITHOUT A CAPT. THE OPS AGENT CALLED AND NOBODY KNEW. I STARTED LOOKING IN THE FOM AT THIS TIME AND TOLD OPS TO ASK MAINT. ABOUT 5 MINS LATER MAINT WAS THERE AND HE GOT IN THE CAPT'S SEAT AND WITHOUT EVEN SAYING ANYTHING TO ME; GOT ON THE RADIO AND FLT INTERPHONE AND BEGAN TO HAVE US TOWED. I ASKED IF HE HAD DONE THIS BEFORE WITH PAX ONBOARD AND HE REPLIED 'ALL THE TIME.' I POLITELY SAID I THINK WE NEED A CAPT; AS I WAS STILL LOOKING IN THE FOM. WE WERE THEN AT THE NEW GATE. THE CAPT SHOWED ABOUT THIRTY MINS LATER AND WE FLEW TO DEST. I SHOULD HAVE CALLED A CHIEF PLT TO ASK IF WE COULD BE TOWED OR JUST TOLD MAINT WE ARE NOT BEING TOWED ANYWHERE UNTIL I FIND IT IN THE FOM. CALL THE CHIEF PLT ANY TIME YOU ARE NOT SURE OF A PROC. HAVE OPS AND MAINT BE AWARE OF THE POLICY FOR THIS SITUATION.

Data retrieved from NASA's ASRS site as of January 2009 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.