An early holiday gift: U.S. DOT imposes 3-hour tarmac delay limit

December 2009

It had been talked about in Congress, among industry experts, passenger rights advocates and government agencies. But until now, being stranded on a passenger jet for hours on the ground had no clear outcome. The U.S. Department of Transportation (DOT) has now issued a ruling that may answer the question: I'm delayed indefinitely, now what?

According to the DOT, the new rule prohibits U.S. airlines operating domestic flights from permitting an aircraft to remain on the tarmac for more than three hours without deplaning passengers, with exceptions allowed only for safety or security or if air traffic control advises the pilot in command that returning to the terminal would disrupt airport operations. U.S. carriers operating international flights departing from or arriving in the United States must specify, in advance, their own time limits for deplaning passengers, with the same exceptions applicable. Carriers are required to provide adequate food and potable drinking water for passengers within two hours of the aircraft being delayed on the tarmac and to maintain operable lavatories and, if necessary, provide medical attention.

In 2008, IAPA was a member of a DOT task force that put forth guidelines for airlines, airports, and other stakeholders for dealing with long ground delays. Despite the recommendations, some of which have been voluntarily adopted by several airlines, IAPA publicly expressed disappointment that the guidelines stopped short of providing time-specific trigger thresholds that stakeholders could use to take certain actions. IAPA views the latest DOT ruling as a positive step. Though the Association has advocated for time-specific trigger thresholds, IAPA is not convinced that a mandated, hard time limit for deplaning passengers will be universally effective. The varying sizes of airports, their facilities and the availability of additional resources to handle late-arriving or diverted passengers are all to be considered. In addition, making a return to the gate mandatory after three hours could affect passengers who must get to their destinations no matter how late the flight is, and three hours may be too late a time for an airline to offer passengers viable alternatives. IAPA does support making delay contingency plans mandatory, public and agency-sanctioned and the Association is encouraged by the progress that the DOT is making to that end.

Airline passengers expect delays from time to time. IAPA believes that how airlines, airports and other responsible parties respond to lengthy ground delays is the key to mitigating passenger inconvenience. The guidelines were meant to allow each entity to mold its contingency plans based upon the most effective outcomes, but IAPA also understands that the flying public has become progressively impatient with airlines and government agencies. A bill to cap lengthy ground delays is still pending in the U.S. Senate but the DOT regulations, to take effect 120 days from 21 December 2009, actually go farther.

The rule also:

• Prohibits airlines from scheduling chronically delayed flights, subjecting those who do to DOT enforcement action for unfair and deceptive practices
• Requires airlines to designate an airline employee to monitor the effects of flight delays and cancellations, respond in a timely and substantive fashion to consumer complaints and provide information to consumers on where to file complaints
• Requires airlines to display on their website flight delay information for each domestic flight they operate
• Requires airlines to adopt customer service plans and audit their own compliance with their plans
• Prohibits airlines from retroactively applying material changes to their contracts of carriage that could have a negative impact on consumers who already have purchased tickets

The rule does not affect non-U.S. international carriers. According to a DOT press release, the Department also plans to begin another rulemaking designed to further strengthen protections for air travelers. Among the areas under consideration are: a requirement that airlines submit to the Department for review and approval their contingency plans for lengthy tarmac delays; reporting of additional tarmac delay data; disclosure of baggage fees; and strengthening requirements that airline ads disclose the full fare consumers must pay for tickets. IAPA fully supports these additional measures to protect airline consumers.

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