DOT FINES TAP AIR PORTUGAL $100,000 FOR TARMAC DELAY
August 21, 2017
On July 6, 2017 DOT and TAP Air Portugal agreed to a consent order involving a significant tarmac delay violation. Specifically, DOT found that TAP failed to adhere to the assurances in its contingency plan for lengthy tarmac delays regarding deplaning of passengers, provision of adequate food, and access to operable lavatories during a lengthy delay at Boston’s Logan International Airport (BOS). DOT fined TAP $100,000 and ordered the carrier to cease and desist from future similar violations.
The 4-hour and 26-minute tarmac delay occurred on July 25, 2016, after TAP Flight 213 was diverted to BOS due to thunderstorms in the New York City-area. Flight 213, which was originally bound for Newark Liberty International Airport (EWR) was one of 19 flights diverted to Boston that evening, but it and one other were the only flights to experience an extended tarmac delay. DOT determined that TAP chose not to cancel the flight, which would have allowed them to use a gate at BOS, “despite its awareness of both the congestion at BOS and significant passenger discomfort onboard the aircraft due to the failure of the aircraft’s auxiliary power unit (APU), which resulted in a lack of air conditioning for nearly two hours during the delay. During that period, law enforcement boarded the aircraft at TAP’s request due to multiple agitated passengers.” TAP blamed the delay on “perfect storm” events outside its control, which resulted in the shutdown of all three major New York City-area airports and resulted in TAP 213 being one of the last to divert to Boston, which resulted in strained facilities at Logan.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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