Delta Air Lines Order 2019-2-22

About this Order

This consent order concerns violations by Delta Air Lines, Inc., (Delta) of 14 CFR Part 259 (the Department’s tarmac delay rule), 49 U.S.C. § 41712 (the prohibition against unfair and deceptive practices), and 49 U.S.C. § 42301 (requirement to adhere to a carrier’s tarmac delay contingency plan). Delta failed to adhere to the assurance in its contingency plan for lengthy tarmac delays for various flights at Hartfield-Jackson Atlanta International Airport (ATL) on January 29, 2017, and December 8, 2017, and at Kansas City International Airport (MCI) on February 20, 2018. Specifically, the carrier violated the Department’s tarmac delay rule by failing to adhere to the assurances in its contingency plan for lengthy tarmac delays that the carrier (1) would not allow an aircraft to remain on the tarmac for more than three hours for domestic flights before providing passengers an opportunity to deplane, and (2) would have sufficient resources to implement its plan. This order directs Delta to cease and desist from future similar violations of Part 259 and sections 41712 and 42301, and assesses the carrier $750,000 in civil penalties.