DOT ISSUES $135,000 CIVIL PENALTY AGAINST BRITISH AIRWAYS FOR ALLEGED TARMAC DELAY VIOLATIONS
May 25, 2023
On April 5, 2023, DOT issued a consent order assessing $135,000 in civil penalties against British Airways PLC (“British Airways”) for alleged violations of the tarmac delay rule.
DOT found that on December 7, 2017, a British Airways flight from Austin-Bergstrom International Airport (AUS) to Heathrow Airport (LHR) experienced a lengthy tarmac delay during deicing at AUS. According to DOT, the aircraft remained on the tarmac because its ground handler, which only had one truck available to complete the deicing process, had to discontinue deicing after running out of fluid. DOT further noted that while the aircraft was sitting on the tarmac waiting for the deicing truck to return, passengers were provided with food and water as required under the tarmac delay rule, but that the airline did not return the aircraft to a gate or otherwise give the passengers an opportunity to deplane in violation of the rule. In total, the aircraft remained on the tarmac for four hours and 27 minutes, a violation of the requirement that airlines not allow an aircraft to remain on the tarmac at a U.S. airport for more than four hours for international flights, without providing passengers an opportunity to deplane, except in certain circumstances.
British Airways made several arguments in its mitigation efforts, including explaining that the Austin area was experiencing “unusual weather” including rain, snow, and sleet on the day of the flight in question, arguing that once the second deicing was completed the aircraft was airborne within 15 minutes, and noting that the captain of the flight, who had years of experience, “justifiably assumed” that the second deicing would be completed in sufficient time for the flight to take off before the four hour deadline, but DOT disagreed, noting that the “responsibility for deicing aircraft and ensuring compliance with the Department’s rules ultimately rests with the carrier.”
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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