DOT ISSUES REMINDER FOR U.S. AND FOREIGN CARRIERS ON TARMAC DELAY REPORTING REQUIREMENTS
August 9, 2022
On July 15, 2022, DOT sent an email to all U.S. and foreign carriers’ representatives to remind and instruct airlines on the reporting requirements under the Tarmac Delay Rule.
According to 14 C.F.R. 259.3, the amended Tarmac Delay Rule, published in May 2021, a tarmac delay is defined as a period during which an aircraft is on the tarmac with passengers onboard and those passengers have no opportunity to deplane. In its reminder, DOT specifically focused on international flights, noting that for international flights all U.S. and foreign carriers are required to submit to DOT’s Office of Aviation Consumer Protection (“OACP”) a written description of each of the flights it operates that experience a tarmac delay of more than four hours at any U.S. airport no later than 30 days after the tarmac delay occurs. DOT’s reminder also points out that, at a minimum, the required written description must include the carrier’s name, flight number, the origin and destination airports for the flight, the date on which the delay occurred and the airport at which the delay occurred, the duration of the delay, an explanation of the incident specifically detailing the cause of the delay, any actions that were taken to minimize hardships for passengers (e.g., the distribution of food and water, maintenance and servicing of lavatories, medical assistance provided, etc.), and a description of how the incident causing the delay was resolved. DOT also points out that non-compliance with the reporting requirements of 14 C.F.R. 259.4(g) can subject a carrier to a civil penalty of up to $37,377 per day, per violation, so it is very important to report tarmac delays timely and sufficiently. OACP has created a website, available here, where carriers are encouraged to file written tarmac delay reports online.
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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