FRONTIER AIRLINES FINED $1.5 MILLION FOR VIOLATING TARMAC DELAY RULE
October 16, 2017
On September 15, 2017, the Department of Transportation (DOT or the Department) fined Frontier Airlines (Frontier) $1.5 million for violating 14 CFR 259.4 (the Department’s tarmac delay rule), 49 U.S.C. § 41712 (prohibition against unfair and deceptive practices), and 49 U.S.C. § 42301 (requirement to adhere to a carrier’s tarmac delay contingency plan).
The consent order states that Frontier failed to adhere to the assurances in its contingency plan for lengthy tarmac delays for twelve domestic flights at Denver International Airport (DEN) on December 16, 17, and 18, in 2016. The delays occurred during an extreme winter weather event. Specifically, the carrier violated the Department’s tarmac delay rule because it allowed an aircraft to remain on the tarmac for more than three hours for domestic flights before providing passengers an opportunity to deplane, and also lacked sufficient resources to implement its plan. The longest delay — 4 hours, 25 minutes — was Flight 418 from DEN to Atlanta Hartsfield-Jackson International Airport (ATL). At the other end of the spectrum, Flight 509 to DEN from New York’s LaGuardia International Airport (LGA) was two minutes over the limit.
Airline officials explained that 40 percent of the airline’s network goes through Denver. When flights to Denver were canceled, crew and aircraft were not in their assigned locations, creating a domino effect for later flights from other cities. Compounding the problem, Frontier workers were unable to get to the airport during the storm. Frontier officials also conceded that they should have pre-canceled more flights in anticipation of the weather event. This would have allowed passengers to rebook on other flights as they did in January prior to a subsequent storm.
The penalty was the third DOT fine that Frontier has faced in as many months. In July, the department ordered the airline to pay $400,000 for violating procedures for bumping passengers from oversold flights and for failing to properly accommodate passengers with disabilities. In August, Frontier was fined $40,000 for failing to provide customers with required information about compensation for being bumped and for lost or damaged luggage.
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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