FINES UPDATE
June 23, 2014
The following fine has recently been issued by DOT:
Air Europa Lineas Aereas, S.A.U. – $140,000
Air Europa Lineas Aereas was fined $140,000 for violating the Department’s tarmac delay rules, 14 C.F.R. Part 259 and 49 U.S.C. § 41712. The offending flight, which occurred on November 7, 2012, was scheduled to depart JFK at 10:05 p.m. for Madrid-Barajas Airport (MAD). The aircraft’s door was closed at 11:34 p.m. At 11:54 p.m., the captain announced the flight would be delayed due to weather conditions. Air Europa requested an estimated pushback time from Air Traffic Control several times yet no estimate was given. The aircraft continued to hold at the gate until 3:31 a.m. and, after deicing, the flight ultimately departed for MAD at 4:34 a.m. An investigation by the Department’s Enforcement Office found that during the time the aircraft was sitting at the gate Air Europa did not adhere to its tarmac delay contingency plan and did not inform the passengers on board that an opportunity to deplane existed.
This Eckert Seamans Aviation Blog post is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr ( esahr@eckertseamans.com 202-659-6622) or Drew Derco ( dderco@eckertseamans.com 202-659-6665).
Share This Post
FINES UPDATE
April 10, 2014
The following fines have recently been issued by DOT:
JetBlue Airways Corporation. – $25,000
Jet Blue was fined $25,000 for violating 14 C.F.R. Part 254. An investigation by DOT’s Enforcement Office revealed that in August 2013, JetBlue dispensed boarding passes from its airport kiosks that included a statement that the limit on domestic baggage liability was $2,500, which is outdated information. The correct limit on domestic baggage liability is $3,400. DOT found that the outdated baggage liability amount was being printed at 44 different kiosks.
Global Target International Inc., d/b/a GTS Globotours. – $80,000
GTS Globotours, a ticket agent, was fined $80,000 by DOT for violating DOT’s advertising rules. An investigation by the Department revealed that several Globotours advertisements failed to state the full fare and also noted that advertised prices were subject to post-sale price increases even after final payment. DOT determined that during 2012 and 2013 Globotours published daily advertisements on its own and other websites promoting packages that did not include the entire price to be paid by the consumer. The prices advertised also failed to include service and/or booking fees and that numerous restrictions applied.
Charter by the Seat LLC – $30,000
Charter by the Seat was fined $30,000 for failing to properly maintain an escrow account and improperly using charter participant funds, which violated both 14 C.F.R. Part 380 and 49 U.S.C. § 41712. Charter by the Sea is a public charter company that operates between Florida and the Bahamas. DOT’s Enforcement Office found in the course of an inspection that the company did not utilize its depository account for passenger funds as is required and did not present its depository bank with a flight-by-flight accounting in order to properly segregate charter participant funds. The company also failed to submit the required certifications of flight completions to the bank as required by section 380.34 in order to receive payment after the completion of each flight. Instead, participant funds were deposited directly into an account maintained by Pioneer Air Service, the direct air carrier. In response to the investigation, Charter by the Sea has designated an employee as the “quality assurance manager” who will be trained and review the handling of all monies related to the public charter operations.
This Eckert Seamans Aviation Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr ( esahr@eckertseamans.com 202-659-6622) or Drew Derco ( dderco@eckertseamans.com 202-659-6665).