AMERICAN AIRLINES FINED $1.6 MILLION FOR VIOLATING TARMAC DELAY RULE
January 3, 2017
On December 14, 2016, the U.S. Department of Transportation (DOT) issued a consent order assessing American Airlines $1.6 million in civil penalties for failing to adhere to its contingency plan for lengthy tarmac delays during several incidents in 2013 and 2015. Specifically, for twenty domestic flights at Charlotte International Airport (CLT) on February 16, 2013; six domestic flights at Dallas/Fort Worth International Airport (DFW) on February 27, 2015; and one domestic flight at Shreveport Regional Airport (SHV) on October 22, 2015.
According to the Consent Order, US Airways (which subsequently merged with American Airlines) failed to adequately adjust its operations in response to the snowstorm and resulting airfield congestion at CLT. In particular, even though the FAA initiated a number of ground stops because of the weather and the need to slow down traffic to the airport, US Airways “failed to properly assess the situation in time to take preventative measures”. Such as, not sufficiently delaying or cancelling departing flights so as to allow de-icing operations to keep pace with departures. In addition, DOT did not see the situation at CLT on February 16, 2013, as so unique it went beyond the planning capabilities of the carrier.
With regard to the six domestic flights at DFW, DOT determined that US Airways (which subsequently merged with American Airlines) failed to “adequately adjust its operations” in response to the heavy snow and freezing rain that impacted operations at DFW on February 27, 2015. Specifically, DOT found that American failed to adequately reschedule a sufficient amount of departing flights to allow de-icing operations to successfully prepare aircraft to depart DFW before experiencing an extended tarmac delay (in excess of three hours without giving passenger the opportunity to deplane).
Finally, on October 22, 2015, DFW Airport was experiencing thunderstorms, which caused thirteen American Airlines flights to divert to SHV to avoid landing in inclement weather. During this series of diversions, American Airlines Flight 1382 experienced an extended tarmac delay and failed to successfully deplane passengers before the three hour mark. DOT determined that American’s failure to deplane passengers before the three hour mark in this situation was, at least partially, “due to the mismanagement of personnel and resources”.
$602,000 of the assessed penalty will be credited to American Airlines for “compensation provided to passengers” on the affected flights; and $303,000 of the assessed penalty will be credited to American Airlines to offset the carrier’s expended costs of “acquiring, operating and maintaining” a surface management and surveillance system at CLT and DFW to monitor the location of each aircraft on the airfield. The remaining $695,000 of the assessed penalty is due and payable to DOT within 30 days of the issuance of the order.
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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