COPA AIRLINES – TARMAC DELAY CONSENT ORDER
April 25, 2018
On December 23, 2018, the Department of Transportation fined Compañía Panameña de Aviación, S.A. (Copa) for violating 14 C.F.R. Part 259 and 49 U.S.C. § 41712. Specifically, Copa allegedly failed to adhere to the assurances in its contingency plan for lengthy tarmac delays to provide adequate food within two hours after arrival and to provide operable lavatories during a tarmac delay.
On December 21, 2016, Copa Flight CM302 flew from Tocumen International Airport (PTY) to Los Angeles International Airport (LAX) and experienced a tarmac delay after it was forced to divert to Ontario California International Airport (ONT) due to heavy rains and congestion at LAX. Flight CM302 decided to land at ONT, an airport that is not one of Copa’s regular diversion airports, because of low fuel. Upon landing at ONT, flight CM302 experienced a tarmac delay of two hours and 39 minutes. While Copa confirmed that the passengers on flight CM302 were provided beverages within two hours after the aircraft arrived at ONT, Copa admitted that passengers were not provided with food during this time. The Enforcement Office’s investigation also revealed that lavatories onboard flight CM302 were inoperable during the delay.
In order to avoid litigation, Copa 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 similar violations of 14 C.F.R. Part 259 and 49 U.S.C. § 41712, as well as a $25,000 compromise in civil penalties.
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
Authors
