Air Transat Tarmac Delay: Federal Court Hearing

Provided by Air Passenger Rights

Air passenger rights advocate is suing Air Transat and federal regulator in connection with the handling of incidents in 2017 when hundreds of passengers were kept on the tarmac for hours.

WHAT: Dr. Gábor Lukács, founder and coordinator of Air Passenger Rights, is asking the Federal Court to order reassessment of the penalty Air Transat was ordered to pay for the 590 violations it committed in July 2017 by keeping passengers on the tarmac for five hours without adequate water, food, or ventilation. At least one passenger called 911, and emergency crews responded and provided aid. Dr. Lukács is also seeking a declaration that the penalty could not be waived by the regulator.

WHY: The maximum available fine is $10,000 per violation, yet Air Transat faced only a nominal fine of $500 per violation. The regulator unlawfully waived the fine on the same day the fine was issued by offering Air Transat a “credit” based on compensation settlements to passengers. Dr. Lukács contends that fines must be paid in addition to any compensation offered to or won by passengers.

WHERE: 5th floor, Law Courts, 1815 Upper Water Street, Halifax, NS.

WHEN: Thursday, March 7, 2019 at 9:30 am.

BACKGROUND: On July 31, 2017, two Air Transat flights, with 590 passengers on board, were diverted to Ottawa airport due to bad weather. Although Air Transat’s own tariff says passengers have the right to get off a grounded flight after 90 minutes, passengers were kept aboard for five hours without adequate water or food – in one case, with no air conditioning. At least one passenger called 911, and emergency crews responded to provide aid.

In March 2018, the Senate recommended limiting how long passengers may be kept in an aircraft on the tarmac to 90 minutes. The government rejected this recommendation.

The government is currently finalizing its so-called Air Passenger Protection Regulations that would allow airlines to keep passengers on an aircraft on the tarmac for over 3 hours, which is more than double the 90 minutes recommended by the Senate.