Tarmac-delay rule gives air travelers more respect

If you’re afraid of being trapped in a parked plane on your next trip, stop worrying.

Only three flights were delayed more than three hours in July, the latest month reported by the Transportation Department. All the incidents happened on the evening of July 23, when a line of “very nasty” thunderstorms swept through Chicago, according to American Airlines spokeswoman Andrea Huguely.

“Unfortunately, the way the weather pattern was that day, we couldn’t park [the planes] on a gate,” she added. “The ramp was closed. Our passengers were given a snack and water, and our crew tried to keep them as comfortable as possible while waiting.”

The three American Eagle regional jets bound for Knoxville, Tenn., Raleigh-Durham, N.C., and Baltimore were on “hold” while waiting for the weather to clear. The government is investigating the circumstances of those delays but hasn’t issued any fines.

It’s been almost a year since passenger-rights activists held a “stakeholders” meeting in Washington to denounce tarmac delays and call for new rules to end them. And it’s been more than four months since the Transportation Department enacted a rule requiring airlines to allow passengers to deplane within three hours, with exceptions for safety or security. Airlines face a maximum fine of $27,500 per passenger for overstaying that limit.

But only in reviewing the effectiveness of the new tarmac-delay rule has the real problem – and the solution – become apparent. It wasn’t these isolated but maddening delays, but how airlines regarded them, that was troublesome. Regulators looked past the rhetoric of the moment, ignored the fact that this was a small issue and envisioned a big solution: With a patchwork of new rules, they believed, they could encourage airlines to think of their customers in a different, and maybe better, way.

Three full months of data are now available for review. In June, only three flights were delayed more than three hours, also in Chicago, and also because of thunderstorms. Those planes belonged to United Airlines, which said that it couldn’t safely unload passengers within the time limit. In May, only one flight exceeded the three-hour limit. And the government hasn’t fined any airlines for violating the three-hour rule in May or June.

“As more time passes, it’s becoming clear that the sky is not falling on airlines or their customers over the three-hour tarmac-delay rule,” said Kevin Mitchell of the Business Travel Coalition, who attended the stakeholders meeting last year. “If anything, there are likely new efficiencies and cost savings made possible by complying with the new rule as airlines modify schedules, processes and systems.”

But tarmac delays weren’t really a crisis before the rule went into effect; they were a shameful but exceedingly rare event. In July 2009, only 161 of 580,134 flights were delayed by more than three hours, or 0.028 percent of the total flights that month, according to the government. In June 2009, it was 0.049 percent, and in May it was 0.0064 percent.

Yet for reasons that aren’t clear to the casual observer, tarmac delays remain a contentious issue in Washington. In July, a team of aviation consultants released a self-funded survey concluding that the new rule would cost the flying public $3.9 billion during the next two decades.

The study, which was based on the government’s May airline data, claimed that airlines had proactively canceled 140 flights to avoid violating the three-hour rule.

The Transportation Department issued a rare rebuttal that called the study “questionable” and asserted that the data didn’t support the analysts’ conclusions. A few weeks later, it sent out a press release touting the July tarmac delays as being “down dramatically” from the previous year.

The government has also signaled that it’s ready to enforce the three-hour rule, if indirectly. Earlier this month, for example, it went after Pinnacle Airlines, a regional carrier for Delta Air Lines, for failing to submit accurate data regarding delays. The airline had reported that one of its flights exceeded the three-hour limit but then “reexamined” its data and concluded that the flight hadn’t been delayed by more than three hours, after all. Pinnacle was fined $10,000.

And there’s more. A sweeping passenger-rights rulemaking initiative currently under consideration would extend the three-hour rule to international carriers, require airlines to coordinate their tarmac-delay contingency plans with all U.S. airports they serve and compel airlines to notify passengers of the flight’s status every 30 minutes while a plane is delayed.

What does this mean to the average airline passenger? Your odds of being on a flight that’s stuck on the taxiway for more than three hours are extremely low, just as they’ve always been.

But is air travel a better experience now – or were tarmac delays an unnecessary diversion?

In the past year, there’s been a proliferation of airline fees that have effectively doubled the price of some tickets. Service cuts have continued, two major airlines have merged and two more are about to. Passengers are getting less and paying more.

Did the watchdogs waste their time on the tarmac? Not necessarily, says Charlie Leocha, director of the Consumer Travel Alliance (an organization that, by way of full disclosure, I helped start and continue to advise).

“Although tarmac delays were a small problem, they emboldened the government to help airlines find customer service religion again,” he said. Proposed new rules covering everything from transparent publication of airfares and airline fees to increases in denied-boarding compensation are “strong evidence” that the TransportationDepartment now expects airlines to treat passengers as people.

Maybe flight delays aren’t such a bad thing, after all.

  • http://everything-everywhere.com Gary Arndt

    My problem with this rule is that they are fining the airlines when it is almost always the fault of the airport which caused extreme delays. Moreover, the people who suffer at the hands of long delays (ie: passengers) don’t get the benefit of the fine.

    Even in the case you describe up above, the planes were not allowed to come to the gate. They couldn’t get everyone off if they wanted to.

    I can’t think of any reason why an airline would want to have a plane full of people sitting on a tarmac doing nothing.

    What has happened is that airlines just cancel a flight instead of postponing it. It has shifted one problem into another.

  • sweepergrl

    Long delays may not happen often, but all it takes is once to create a fear of flying. My daughter and I were stuck on a runway in Minneapolis for 2 hours because of a severe thunderstorm warning that became a tornado warning. As I pointed out to the stewardess, the safest place to be during a tornado warning is probably not in a large, aerodynamic metal tube in the middle of an open field. She shrugged and told me there was nothing they could do and to hope for the best. Sure it hasn’t happened to me since, but it’s made me very hesitant to fly again.

  • Tom

    The actual result is the flight cancellations have increased. If the weather looks iffy, the flight is cancelled quickly. No more pulling out and waiting for a “window.” I think most people would rather head home and try again later in the week, then wait for three hours for storm clouds to clear.

  • Tom

    This article is like the Festivus Holiday on Seinfeld. Any story about tarmac delays begins with an airing of grievences. Elliott provides a link to all recent tarmac delays so that they can be repeated every time there’s another one. And with 68 million flights in the US every year, there a a few that are delayed more than 3 hours. Still, even before the draconian new tarmac delay rule, you were more likely to receive a perfect score on the SAT than to experience a 3 hour tarmac delay. It just seems like it happens frequently because every incident is repeated and repeated ad nauseum by consumer advocate travel journalists who favor a much bigger govenment role in our lives.

  • Thomas

    @ Gary, I agree. $27500.00 to the government, how about the passenger? Make it $55K, or how about $100K and give half to the part that suffered!

  • Mike in NC

    I think the federal government should stop worrying about tarmac delays and start worrying about an out of control TSA and their penchant for virtual strip searches and touching people in approriate ways and places in the name of “security.”

  • Carrie Charney

    I don’t mind tarmac delays if there is a working lavatory, adequate water and snacks. A sympathetic FA or two wouldn’t hurt either. I experienced a 5-hr delay on the tarmac and the wait couldn’t have been made more tolerable. The FA was excellent and kept the water, snacks and good humor coming. Continental Express.

  • Chicky

    I agree with Carrie Chaney. I think PX are much more likely to tolerate long delays with patience if they are receiving services such as water and snacks. When it gets tetchy is when the refreshments run out and the bathrooms become unusable. Thank the Lord, I’ve never been in such a situation, but I suspect I might decide facing federal charges is worth getting off the plane by popping out an exit window and sliding down the wing. LOL.
    And to sweepergirl, caught on the plane in a tornado warning: Oh, my Lord. I’d have been a nervous wreck. I live in the Southeast’s Tornado Alley and I know what those suckers can do. The only 100 percent safe place to be is underground. Yikes.

  • Plat flyer

    @Mike in NC – I actually prefer to be touched in appropriate ways, please don’t encourage TSA to do it inappropriately.

    The rule is correct in its thinking that there should be no reason at all for someone to sit on a plane for longer than 3 hours unless it’s in the air. Airports should be required to have even remote plane deboarding capabilities just to get people off planes if no gates are available. Or, now here’s a novel idea, move an empty plane from a gate and then deplane that way. And unless it’s the airline’s fault for the delay there should be no fine. Fine whoever is responsible. And if it’s weather or some other ‘Act of God’ then I as the customer need to just accept that point. This whole thing is out of control and needs to be reined in.