Regulation Requiring the Deplaning of Passengers & Promoting their Convenience on Occasion of Long Tarmac Delays

August 16, 2016

CAB RESOLUTION NO. 49 (BM 06-08-16-2016)

Regulation Requiring the Deplaning of Passengers & Promoting their Convenience on Occasion of Long Tarmac Delays

WHEREAS, Republic Act 776 otherwise known as the Civil Aeronautics Act of the Philippines, authorizes the Civil Aeronautics Board (CAB) to prescribe regulations, standards and procedures related to air travel, and to make and amend such general and special rules, regulations and procedures to carry out the provisions of RA 776, Section 10 (B) thereof, provides, to wit:

SECTION 10. Powers and Duties of the Board. — B) The Board may perform such acts, conduct such investigations, issue and amend such orders, and make and amend such general and special rules, regulations, and procedures as it shall deem necessary to carry out the provisions of this Act.

WHEREAS, in accordance with public policy of ensuring adequate, economical and efficient air transportation services by air carriers conducive to the comfort and convenience of the public, air carries as public utilities are under obligation to assure the comfort and convenience of passengers on board the aircraft, not only while in flight, but also during lengthy tarmac delays of any cause, including flight diversions;

WHEREAS, the Board has determined, after due consultations with the public and stakeholders, and in the light of recent events and instances when passengers were confined inside aircraft held on the airport tarmac for lengthy periods, that there is a need to adopt certain rules and procedures to mitigate passenger discomfort during such lengthy tarmac delays;

NOW, THEREFORE, the Board RESOLVED, as it hereby RESOLVES to adopt the following rules and procedures to enhance protection of airline passengers during long tarmac delays:

I. Coverage

This rules and procedures shall apply to long tarmac delays occurring within the Philippines on any flight operated by a domestic or foreign carrier, operating scheduled services to, from or within (for domestic carriers only) the Philippines.

II. Definition of Terms

a. Air carriers — as used in this Resolution shall mean all scheduled carriers, whether domestic or foreign, operating to, from or within the Philippines

b. Diversion airports — airports within the Philippines, which can accommodate both domestic and international flights used as take-off or landing point by an air carrier, other than the original point of departure or arrival

c. Tarmac delay — there is tarmac delay covered by this Rules when the aircraft remains on the ground for 2 hours or more, reckoned from the time the aircraft door is closed with no opportunity for its passengers to deplane, either before taking off or after landing, due to security and/or safety reasons and such other causes as may be determined by the Air Traffic Control, making deplaning impracticable.

III. General Provisions

1. Each air carrier operating to, from or within the Philippines shall submit a contingency plan covering situations involving lengthy tarmac delays. A copy of the said contingency plan on tarmac delays shall be submitted to the CAB, CAAP, MIAA and other airport authorities, such as but not limited to CIA, SBIA, MCIA, DVIA, LIA, ZIA. It shall likewise be published in the air carriers' website and should be made readily available to the public. The air carrier shall adhere to its submitted and published plan;

2. The tarmac delay contingency plan shall include, at a minimum, the following:

a. The Pilot-in-Command (PIC) shall ensure the comfort and convenience of the passengers on board an aircraft especially during long tarmac delays. The PIC shall immediately commence deplaning procedures of passengers on board an aircraft held at the tarmac for two (2) hours. In no case shall deplaning of passengers exceed 3 hours, for domestic flights and 4 hours for international flights, upon closing or aircraft doors or upon landing with the doors closed. The PIC may commence deplaning of passengers beyond the aforementioned period under any of the following circumstances:

i. the Pilot-in-command determines that there is safety-related or security-related reason(s) preventing the deplaning of passengers;

ii. Air Traffic Control advises the pilot-in-command that returning to the gate for disembarkation or permitting the passengers to disembark at another disembarkation point will significantly disrupt airport operations; or

iii. the Pilot-in-command receives a NOTAM advising that the flight can depart within 30 minutes after breaking the 2-hour threshold.

The air carrier, in sub-paragraph (i) shall have the burden of proof to establish by adequate and reasonable evidence that such safety, security-related, or operational reasons militating against the deplaning of passengers, exist.

b. For all flights, an assurance that the air carrier will provide adequate food and potable water no later than two (2) hours after the aircraft leaves the gate, in case of departure, or touches down in case of an arrival, if the aircraft remains on the tarmac, unless there are safety or security constraints that would preclude such service;

c. For all flights, an assurance of operable lavatory facilities, as well as medical attention if needed, while the aircraft is on the tarmac;

d. An assurance of adequate resources to implement the plan;

e. An assurance that the plan has been coordinated with airport authorities;

f. The Pilot in Command shall make timely (30 minutes after the scheduled and communicated departure time or arrival time, and every 30 minutes thereafter) and accurate announcement of any advice from the airport authorities or information as to the status of the flight or delay thereof, as well as the reason for such delay and other relevant information such as, but not limited to: weather conditions, navigational instruments, possibility of deplaning; and

g. After deplaning, the air carrier must provide, as much as practicable, accommodation, when necessary, food and communication services to allow the inconvenienced passengers to call relatives or make necessary arrangements for their remaining flights or other onward destinations. The carrier should also timely and accurately update passengers of the status of their flights.

3. Air carriers shall immediately deplane passengers, on board an aircraft, delayed on the tarmac for whatever reason, upon breaking the three-hour threshold for domestic operations, or four-hour limit for international flights, unless for safety or security related reason(s) deplaning is not possible or when deplaning or disembarkation would significantly disrupt airport operations or when the Pilot-in-command receives a NOTAM advising that the flight can depart within 30 minutes after breaking the 2-hour threshold;

4. If the carrier has reason to believe that it cannot return to a gate immediately or within a reasonable period for proper disembarkation or deplaning of passengers to comply with threshold, it is required to make reasonable attempts to deplane passengers earlier;

5. An air carrier may provide in its Contingency Plan for Lengthy Tarmac Delays a shorter threshold period for the commencement of the deplaning and the provision of food and water to passengers covered in paragraphs 2a and 2b.

6. Air carriers shall coordinate their contingency plans not only with its departure or destination airport(s) but also with airports that will serve as diversion airports;

7. Air carriers shall inform its passengers of actual disembarkation procedures to be undertaken;

8. Air carriers or its ground handler are also required to make prior coordination with relevant Government agencies such as, the Bureau of Customs, Bureau of Immigration, Office of the Transport Security and other Airport Authorities any deplaning/disembarkation procedures to be undertaken;

9. Air carriers are required to designate and maintain a person of authority or a point person to monitor the effects of the delay, address passenger queries and provide passenger guidance and updates on the status of delayed or cancelled flights.

IV. Sanctions/Penalties

After due notice and hearing, the penalties and sanctions imposed under Republic Act 776 shall be imposed.

V. Repealing Clause

Issuances inconsistent herewith are hereby ordered amended/modified accordingly.

VI. Separability Clause

Should any provision or part of this Circular be declared by competent authority to be invalid and unconstitutional, the remaining provision or parts hereof shall remain in full force and effect and shall continue to be valid and effective.

VII. Transitory Provision

All air carriers covered by this Resolution shall be required to submit its compliance within fifteen (15) days from date of publication without any extension.

VIII. Effectivity

This Resolution shall take effect immediately upon its publication once in a newspaper of general circulation.

Adopted August 16, 2016, Pasay City, Philippines.

ARTHUR P. TUGADESecretary

(SGD.) ROBERT C.O. LIMUndersecretary for Aviation & Airports

(SGD.) BENITO C. BENGZON, JR.Undersecretary for Tourism Development

(SGD.) MANUEL ANTONIO L. TAMAYOCivil Aviation Authority of the Philippines

(SGD.) VICTOR JOSE I. LUCIANOMember

Attested by:

(SGD.) JEAN MARIONNE A. BERMUDEZActing Board Secretary

Noted:

(SGD.) CARMELO L. ARCILLAExecutive Director