3 Hours Max on Runways - Flyer Rights Rules Hold Up under Airline Assault

In a victory for passengers' rights, the new DOT rules that fine airlines who keep passengers waiting aboard  flights for more than 3 hours have withstood their first serious test.

In a victory for passengers' rights, the new DOT rules that fine airlines who keep passengers waiting aboard  flights for more than 3 hours have withstood their first serious test. These rules will go into effect as planned on April 29, 2010 in time for the busy summer travel season.

The DOT Air Delay Rules, announced Dec 21, 2009 by U.S. Transportation Secretary Ray LaHood, prohibited 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.

At that time, the DOT made an exception for U.S. carriers operating international flights departing from or arriving in the U.S., allowing them to specify, in advance, their own time limits for deplaning passengers, with the same exceptions applicable. Additionally, to the chagrin of the airlines, DOT required carriers 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.

This rule was adopted after many years of lobbying by FlyersRights.org and other groups, and frequent travelers heralded the provision that fines could be imposed on airlines that didn't meet the requirements of up to $27,500 per passenger.

The airlines immediately filed for exemptions from the rule. On March 4, JetBlue Airways asked for an exemption from the rule for its operations at New York’s JFK Airport until that airport’s main runway, currently under construction, reopens on Dec. 1. That request was followed by similar requests by Delta Air Lines and American Airlines for their operations at JFK, by Continental Airlines for their flights at New York LaGuardia Airport and Newark International Airport, and by US Airways for Philadelphia International Airport. The carriers argued that, without the requested exemption, large numbers of flights will have to be canceled at the New York area airports and affected passengers will face significant inconveniences and delays before being accommodated.

In denying the requests, according to the DOT statement, the Department concluded that airlines could minimize tarmac delays by rerouting or rescheduling flights at JFK to allow the airport’s other three runways to absorb the extra traffic. The Department also noted that it has the ability to take into account the impact of the runway closure and the harm to consumers when deciding whether to pursue enforcement action for failure to comply with the rule and the amount of a fine, if any, to seek as a result of non-compliance.

“Passengers on flights delayed on the tarmac have a right to know they will not be held aboard a plane indefinitely,” LaHood said. “This is an important consumer protection, and we believe it should take effect as planned.”