Airlines Receptive To Time Limit On Tarmac Delays

The Air Transport Association, which represents the largest domestic passenger airlines, could be amenable to "a firm time limit on tarmac delays for domestic flights," according to a Transportation Department official.

An e-mail sent last Friday by DOT general counsel Robert Rivkin and placed in the public docket this week cites a meeting with ATA CEO Jim May and general counsel David Berg on Sept. 17, and claims, "They said they had discussed the issue with their membership and might be prepared to agree to a firm time limit on tarmac delays for domestic flights."

Proponents of a passenger bill of rights, including the co-sponsor of a Senate bill, Sen. Barbara Boxer (D-Calif.), yesterday during a hearing held in Washington by the Business Travel Coalition and FlyersRights.org, said such legislation was gaining steam and is poised to become law.

Among the proposed bill's more contentious provisions is one that would require carriers to allow passengers to deplane when an aircraft is stranded on the tarmac for more than three hours.

The Rivkin e-mail does not give any specifics on an airline counterproposal to the three-hour rule, and encouraged the ATA to send any such comments in writing. Still, ATA has been an opponent of the three-hour rule, claiming that such a mandate would create unintended consequences.

ATA president and CEO James C. May in a statement today said, "From the beginning of discussions about a passenger bill of rights, it has been and remains the view of the ATA airlines that a hard-and-fast three-hour deplaning time requirement will cause substantial and unnecessary passenger inconvenience. Those concerns are based on a real-world assessment of our aviation system's operating conditions. At the same time, of course, we are fully aware of the ongoing consideration of these issues by both Congress and the Department of Transportation, and we continue to work to keep decision makers informed of our concerns while exploring possible solutions to the underlying problems."

Former American Airlines CEO Bob Crandall yesterday during the hearing was supportive of a firm time rule, though he suggested that any regulations start at the four-hour mark and allow carriers time to comply with a three-hour rule.

Regarding his conversation with ATA officials last week, Rivkin's e-mail further notes, "I told them that, while we had discussed safety and operational implications of the proposed rule with the FAA, I was always interested in learning about any operational issues they believed a tarmac delay rule might entail, and encouraged them to send any such comments to me in writing. I added that while a final rule would inevitably impose costs and obligations on the airlines, we wanted to ensure that we struck the right balance in protecting consumers. They agreed to consider whether to send me a letter containing their members' views. If I receive any such letter, I will transmit it to you for posting in the docket."