FLYERS RIGHTS GROUPS PUSH FOR MORE ACCOUNTABILITY DURING TARMAC DELAYS
December 11, 2014
Under DOT’s infamous tarmac delay rule, carriers face civil penalties of up to $27,500 per passenger if an aircraft remains on the tarmac for more than three (for U.S. carriers) or four (for foreign carriers) hours without giving passengers the opportunity to deplane. Since the Department’s tarmac delay regulation became effective, DOT has issued cease-and-desist orders assessing civil penalties in 15 cases involving 43 flights for violations of the tarmac delay rule. Total civil penalties to date are approximately $4,000,000.
Current laws require any money collected from airlines in such proceedings be paid to the U.S. Treasury. Nothing in the regulation requires carriers to make payments directly to affected consumers. This is because regulations affecting tarmac delays and accommodating passengers with disabilities don’t require the airlines to compensate passengers directly. Other rules, notably those for denied boarding, force an airline to pay passengers when they’re in violation.
Consumers rights’ groups are critical of the current procedures for paying fines in tarmac delay situations and would like to see airlines compensate passengers directly. A leading aviation consumer protection group, FlyersRights, is pushing for a new Passenger Bill of Rights that would give half the fines imposed for violating DOT’s tarmac delay rules to affected passengers. It also sets minimum fines for such delays. While nothing in DOT’s prior or current rulemakings suggest that it will change its position with respect to this issue, it is nevertheless worth noting and would certainly make passengers more vigilant about reporting violations of the tarmac-delay rule, or any other government regulation.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).