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US argues tarmac study ‘misleading’

Associated Press / July 21, 2010

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NEW YORK — The Transportation Department fired back at two airline consultants who say the rule that puts a three-hour limit on tarmac delays is harming travelers.

DOT said the study released yesterday “offers a misleading and premature assessment of the impact of the new passenger protections.’’

The consultants, Darryl Jenkins and Joshua Marks, say the rule is hurting travelers because it leads airlines to cancel more flights in an effort to avoid fines. The DOT can fine airlines up to $27,500 per passenger for holding them more than three hours.

The study looks at data for May, the first month the rule was in effect. The DOT said the study is “far too narrow to yield defensible conclusions about future airline trends.’’ But the consultants say the impact to passengers is clear: more cancellations, more grief, and possibly a trickle down financial toll from tarmac violations.

The government thinks airlines can avoid tarmac delays by scheduling better. But the consultants argue that a bulk of long tarmac delays are unavoidable.

Thunderstorms are one of the main causes of flight delays because they are difficult to predict. There were five flights stuck on the tarmac for more than three hours in May — all five were weather-related. The DOT hasn’t said whether it will fine United and Delta, the airlines that operated those flights.