Congressman slams feds over Oakland tarmac ruling
Federal officials have determined the Aeromexico flight stranded on the Oakland International Airport tarmac earlier this year for more than four hours did not violate passenger rights laws and the airline will not face any penalties, according to a letter summarizing the investigation.
“The Enforcement Office found that Flight 662 was unable to leave its position on the tarmac to deplane passengers due to a security-related concern,” Department of Transportation General Counsel Steven Bradbury wrote in a letter to U.S. Reps. Mark DeSaulnier and Barbara Lee. “The Enforcement Office also determined that the carrier provided food and water in accordance with the Department’s tarmac delay rule and the carrier’s tarmac delay plan.”
The Department of Transportation declined Friday to elaborate on the letter or the “security-related concern.” But the decision “surprised” DeSaulnier, who said he was debating whether to ask the Inspector General to take a look at the case.
“It sounds like it was written by the airline,” DeSaulnier said Friday. “I don’t think it’s an acceptable answer from the department.”
DeSaulnier said the response was symbolic of the Trump administration’s response to consumers.
“It’s not just at the top, it seeps through the whole of
government,” he said. “More and more it’s ‘don’t bother us’ and ‘to hell with customers.’ ”
On Jan. 10, Flight 662 was arriving from Guadalajara when it was diverted from San Francisco International Airport because of fog and instead landed at the Oakland airport, where it sat on the tarmac for more than four hours. Passengers began calling media from the plane as the delay lengthened, complaining that there was no air conditioning and little to no food or water.
In its worst moments, two men on board briefly were detained after complaining and demanding an end to the situation. One woman required medical assistance for trouble breathing and was taken by paramedics to a local hospital.
The U.S. Passenger Bill of Rights provides international flights a maximum of four hours on a tarmac before the airline must allow passengers to deplane. Airlines can face steep fines of $27,000 per stranded passenger if found in violation, and the flight had 182 passengers on board.
Oakland airport staff said at the time that the pilot was offered a gate but declined because he wanted to quickly refuel and return to SFO in order to make the plane’s return trip to Mexico later that day.
Bradbury said his office reviewed statements from Aeromexico ground personnel and crew, a report from local law enforcement, multiple consumer complaints and other records to reach its conclusion that the crew did not violate the tarmac delay rules.
“With regard to the cabin temperatures on Flight 662, the Enforcement Office did not investigate whether the cabin temperature was uncomfortable for passengers as this requirement by statute only applies to flights of U.S. carriers,” Bradbury wrote.
In his correspondence, Bradbury said his department takes tarmac delays seriously and in the first three months of this year his department had assessed almost $2 million in fines against airlines for violating those rules. Matthias Gafni is a San Francisco Chronicle staff writer. Email: matthias. gafni@sfchronicle.com Twitter: @mgafni