DOT FINES UNITED AIRLINES FOR TARMAC DELAYS GOING BACK SIX YEARS
October 1, 2021
On Friday, September 24, 2021, the Department of Transportation (“DOT”) announced via press release, available here, that it has decided to fine United Airlines (“United”) for violations of the extended tarmac delay rule. The fine totals $1.9 million; the largest ever proposed by DOT for tarmac delay violations.
The penalty came after several years of extensive study of airline tarmac delays by DOT. According to DOT’s Office of Aviation Consumer Protection, which studied airline tarmac delays from December 2015 through February 2021, United’s delays affected more than 3,200 passengers on 20 domestic flights and 5 international flights. In the press release, DOT stated that it found that in each of the 25 cases in which a tarmac delay occurred, the delays exceeded the threshold allowed under current rules. Specifically, in the 20 cases involving domestic flights, the delays exceeded the 3-hour maximum limit by at least 12 minutes and the worst delay totaled nearly 4 hours and 30 minutes. Similarly, in the five cases involving international flights, delays exceeded the 4-hour maximum limit by at least 12 minutes with the worst delay totaling 5 hours and 21 minutes. The majority of cases involved delays due to weather-related diversions.
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 Andy Orr (aorr@eckertsemans.com or 202-659-6625).