DOT fines United $1.9mn for tarmac delays

United Airlines (UA, Chicago O’Hare) has been fined USD1.9 million for tarmac delays by the United States Department of Transportation (DOT).

The DOT has logged United for breaking legislation 14 CFR Part 259 and 49 U.S.C. §§ 41712 and 42301 as it has “failed to adhere to the assurances in its contingency plan for lengthy tarmac delays” having affected over 3,218 passengers. According to the DOT’s Office of Aviation Consumer Protection (OACP), United “specifies that a tarmac delay ends when a passenger has an opportunity to deplane an aircraft”.

“United failed to adhere to the assurances in its contingency plan for lengthy tarmac delays for 20 domestic flights and five international flights at various airports throughout the United States. Specifically, the carrier permitted flights to remain on the tarmac for more than three hours for the domestic flights and more than four hours for the international flights without providing passengers an opportunity to deplane. The carrier also failed to have sufficient resources to implement its contingency plan for lengthy tarmac delays,” the DOT said.

Specifically, the DOT highlighted two violations in 2015, five in 2016, two in 2017, five in 2018, ten in 2019, and one in 2020.

United disagreed with the department’s decision and notes that only 25 flights of eight million are covered over five years and that this was only for the passengers’ safety due to severe weather at the destination. The carrier stated it has also implemented a diversion monitoring system and ground service equipment in diversion airports near its hubs. It also believes that this case should be handled on a per flight or a per-day basis instead but will comply with the DOT’s current order.

However the DOT, having taken into consideration United’s side of the story, still decided that action was warranted.

As such, of the USD1.9 million fine, USD200,000 will be for developing an improved diversion management system, USD750,000 for refunds to affected passengers, and USD950,000 to the DOT. In addition, United must deplane flights before the three-hour domestic and four-hour international tarmac delay mark, implement adequate resources towards a tarmac delay contingency plan, and make no such further violations.

United has 10 days to appeal the order (or until October 4, 2021).