• JetBlue Tarmac Delay Fine: A Reminder to Make Sure Your Tarmac Delay Plans Are Complete And Ensure Crew Are Aware Of Notification Requirements
  • September 3, 2012 | Authors: Drew M. Derco; James G. Ehrig; Evelyn D. Sahr
  • Law Firm: Eckert Seamans Cherin & Mellott, LLC - Washington Office
  • JetBlue Airways Corporation (JetBlue) was recently fined $90,000 by DOT for failing to properly inform passengers on a delayed flight that they had the opportunity to deplane and for failing to include certain required assurances in its contingency plan for lengthy tarmac delays (see Order 2012-8-25, attached). Pursuant to 14 C.F.R. 259.4(b)(6), carriers must notify passengers on a delayed flight beginning 30 minutes after scheduled departure time and every 30 minutes thereafter that they have the opportunity to deplane from an aircraft if the opportunity to deplane actually exists. It is important to note that this requirement applies even in situations where the aircraft's door is open and passengers have the opportunity to deplane, as it is possible that passengers seated in the rear of the aircraft may not know the aircraft's door is open.