The U.S. Department of Transportation (DOT) has imposed a fine of $300,000 on Volaris Airlines for violating federal statutes and the Department’s rule prohibiting tarmac delays of four hours or more on international flights without providing passengers an opportunity to deplane. The airline has also been ordered to cease and desist from future similar violations.
U.S. Transportation Secretary Pete Buttigieg stated, “If an airline passenger is stranded on the tarmac for hours on end, they have the right to disembark from the plane—and we’re making sure airlines give passengers that opportunity. This enforcement action reflects our ongoing commitment to protecting consumers and holding airlines accountable.”
The Department’s Office of Aviation Consumer Protection (OACP) conducted an extensive investigation which revealed that in 2021 and 2022, Volaris allowed two flights to remain on the tarmac for lengthy periods without providing passengers an opportunity to deplane, in violation of the Department’s tarmac delay rule.
On August 17, 2021, Volaris flight 5892 from Guadalajara to Dallas Fort Worth experienced a tarmac delay of five hours and 32 minutes when it was diverted to Houston George Bush. In total, 157 passengers were affected. Additionally, on July 23, 2022, Volaris flight 826 from Mexico City to Chicago O’Hare experienced a tarmac delay of four hours and 35 minutes when it was diverted to St. Louis. In total, another group of 167 passengers were affected.
Under the Biden-Harris Administration, DOT has advanced significant expansion of airline passenger rights and issued substantial fines against airlines for failing consumers. The department has returned more money to passengers in refunds and reimbursements than ever before in its history.
Last month saw DOT announcing two final rules requiring airlines to provide automatic cash refunds to passengers when owed and protect consumers from costly surprise airline fees. These rules are expected to expand consumer protections in air travel, provide passengers an easier pathway to refunds when owed, and save consumers more than half a billion dollars every year in hidden and surprise fees.
In 2022, under Secretary Buttigieg’s guidance, DOT created an Airline Customer Service Dashboard known as FlightRights.gov. This platform is designed to help airline passengers understand what they are entitled to receive when a delay or cancellation was within the airlines’ control.
Since President Biden took office, DOT has helped return almost $4 billion in refunds and reimbursements owed to airline passengers – including more than $600 million to passengers affected by the Southwest Airlines holiday meltdown in 2022.
DOT has issued over $164 million in penalties against airlines for consumer protection violations. Between 1996 and 2020, DOT collectively issued less than $71 million in penalties against airlines for consumer protection violations.
The department is also undertaking its first ever industry-wide review of airline privacy practices and its first review of airline loyalty programs. In addition to finalizing the rules to require automatic refunds and protect consumers from surprise fees, DOT is also pursuing rulemakings that would propose to ban family seating junk fees and guarantee that parents can sit with their children for no extra charge when they fly.
