VOLARIS ENTERS CONSENT ORDER FOR TARMAC DELAYS
June 17, 2024
On May 15, 2024, Volaris entered into a Consent Order with DOT in regard to tarmac delays. The Consent Order stated that on August 17, 2021, Volaris flight 5892 from Guadalajara to Dallas Fort Worth was diverted to George Bush Intercontinental Airport (IAH), resulting in a tarmac delay of 5 hours and 32 minutes without allowing passengers to deplane. On July 23, 2022, Volaris flight 826 from Mexico City to Chicago O’Hare was diverted to St. Louis Lambert Airport, resulting in a tarmac delay of 4 hours and 35 minutes without allowing passengers to deplane and failing to provide food after two hours. Pursuant to 14 CFR 259.4(a), foreign air carriers with at least one aircraft seating 30 or more passengers must implement and follow contingency plans for tarmac delays at various U.S. airports. For international flights, carriers must allow passengers to deplane before a four-hour tarmac delay unless there are safety, security, or airport operations exceptions (14 CFR 259.4(c)(2)). Additionally, carriers must provide food and potable water within two hours of a tarmac delay’s start unless prevented by safety or security considerations (14 CFR 259.4(c)(4)). Failing to adhere to these plans constitutes a violation of 49 U.S.C. § 41712, prohibiting unfair or deceptive practices.
In the Order, the Department found that Volaris had failed to adhere to its contingency plan for lengthy tarmac delays by not deplaning passengers timely and not providing food within two hours during tarmac delays. The order directs Volaris to cease and desist from future violations and imposes a $300,000 civil penalty. Volaris acknowledged its responsibility but cited uncontrollable circumstances for the delays, such as severe weather and ground congestion for flight 5892 and cited service provider delays for flight 826. Volaris argued that it had acted in the passengers’ best interests but ultimately agreed to a settlement as to avoid litigation.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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