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New Federal Rules Limiting Tarmac Delays. Good or Bad?

0 Comments | This entry was posted on Mar 09 2010

 

In an attempt to regulate the airlines on the issue of leaving passengers sitting on aircraft on the tarmac for extended periods of time it appears that the DOT may end up making things worse.

Michael Fabey of the Travel Weekly online magazine says in a recent article:

As a result of new federal rules limiting tarmac delays, airline officials and analysts predicted that in coming months, airlines are certain to cancel an increasing number of flights for bad weather or for a host of other reasons, rather than face heavy new federal fines for holding passengers too long on a tarmac.

The new Transportation Department regulations, which take effect April 29, subject U.S. airlines to fines of up to $27,500 per passenger in instances where the airlines fail to allow passengers to deplane after three hours on the tarmac or fail to provide those aboard with food, drink and other comforts.

“For us, that could be as much as $4.4 million for one flight,” said American spokesman Tim Smith. “No one’s going to play with that. There will be many more cancellations as a result. Everyone is gearing up for this.”

So did the “experts” in congress and the DOT solve the problem or create a new one that is worse than the old one?

Being more of a free-market capitalist, it seems to me that this is one they could have left alone. I mean, if the airlines mess things up badly enough, often enough for long enough, it costs them money and customers. They don’t want that with or without any intervention from the federal government.

A veteran airline dispatcher commented to the article by stating:

“The new regulations will demonstrate the Law of Unintended Consequences, and I say this as a 35+ year airline dispatcher. There have been a few past irregular ops events (NWA/DTW, JBU/JFK, CoEx/RST, and AAL/AUS) that generated huge delays (7+ hours) and were all admittedly intolerable and handled poorly. The lunacy of the new regs is that in the effort to preclude such rare 7+ hour delay events (apples), an “all delays are equally evil” tact has been taken, with the “solution” to now apply with more common 2-4 hr. delays (oranges) one sees when weather, and airport/airspace constraints occur. Pre-emptive cancellation for snow are one thing, but thunderstorm season is another, and no airline is going to let a flight blow the 3-hour limit and incur a $3M+ fine for each flight. Cancellations? Count on them, but don’t blame the airlines–all the non-airline “experts” drove them.”

I wonder if anyone at the DOT or in Congress asked any of the dispatchers and operations people at the airlines what they thought about the solution(s) to the problem prior to making a new rule. Probably not! What?  Go ask the people who deal with this every day? Heaven forbid! They probably had a hearing and heard from the senior management of the airlines (whom they don’t trust), then from a panel of experts (whom they do trust in spite of the fact that the experts may have no practical operational experience).  After hearing from both groups, but without talking to the people who make it happen day after day, Congress drafted and enacted a new rule.  

It was a parade-inducing headline for proponents of the measure, but the people in the operational trenches don’t see any parades in the practical applications.

All of this was done in an effort to appease the public who is fed up with the broken air mass-transit system.  So, instead of actually fixing the problem in cases of the rare, extreme delay, they’ve created the problem of cancelled flights in the case of the common delay.