BRITISH AIRWAYS PLC – CONSENT ORDER (LENGTHY TARMAC DELAY)
June 22, 2018
On May 22, 2018, the Department of Transportation fined British Airways PLC (British Airways) for violating of 14 CFR Part 259 and 49 U.S.C. § 41712 with respect to two different flights. Specifically, for these flights, the carrier failed to adhere to the assurance in its contingency plan for lengthy tarmac delays that the carrier would not permit an international flight to remain on the tarmac for more than four hours without providing passengers an opportunity to deplane.
An investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) revealed that on February 9, 2015, flight BA 202, traveling from BOS to Heathrow Airport (LHR), and was delayed on the tarmac at BOS for four hours and fifty-one minutes. Due to wintry weather and difficult taxi conditions, the carrier determined that a second round of deicing would be needed prior to takeoff, which contributed to the lengthy delay.
The second investigation by the Enforcement Office revealed that on May 9, 2015, British Airways flight BA 218, traveling from DEN to LHR, was delayed on the tarmac for four hours and fifty-six minutes. After an initial round of deicing, the aircraft taxied to the runway, where the carrier determined that additional deicing would be necessary.
In order to avoid litigation, British Airways agreed to settle the matter with DOT’s Enforcement Office and enter into a consent order which directed the carrier to cease and desist from future violations of 14 CFR Part 259 and 49 U.S.C. § 41712, as well as a $225,000 compromise in civil penalties.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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