Ms Rachel Welford

Rachel Welford

Updates

Aviation

DOT, HHS and DHS issue joint COVID-19 guidance to airlines and airports
USA | 15 July 2020

The Departments of Transportation, Health and Human Services and Homeland Security recently issued a non-binding guidance document which recommends that airports and airlines implement specific measures to mitigate public health risks associated with COVID-19, prepare for increased travel volume and ensure that aviation safety and security are not compromised.

TSA has legal authority to conduct air passenger temperature screenings
USA | 10 June 2020

As airlines seek to restore consumer confidence in air travel, they are urging the Transportation Security Administration (TSA) to administer temperature screenings of all passengers at TSA airport security checkpoints. Some have questioned whether the TSA has statutory authority to do so. For its part, the TSA appears to have answered that question in the affirmative because it is reportedly preparing to administer temperature checks at more than a dozen US airports.

DOT issues new guidance regarding airlines' obligation to provide passenger refunds
USA | 27 May 2020

Passengers who no longer wish to travel due to COVID-19 concerns or who have had their flights cancelled are demanding refunds from airlines. Airlines, on the other hand, are grappling with a difficult truth: if they refund all tickets, including those purchased under the condition of being non-refundable or those cancelled by a passenger, this will result in negative cash balances that will lead to bankruptcy.

Trump announces that REAL ID compliance deadline is postponed due to COVID-19 pandemic
USA | 20 May 2020

President Trump has announced that the US Department of Homeland Security will delay the 1 October 2020 deadline for compliance with the REAL ID Act 2005 due to the COVID-19 pandemic. The postponement is welcome news for US airlines and the US travel industry, which had grown increasingly concerned (well before COVID-19) that a significant number of US nationals had not yet obtained a REAL ID.

DOT to impose minimum air service obligations on carriers receiving CARES Act financial assistance
USA | 13 May 2020

The Department of Transportation (DOT) has issued an order proposing parameters for implementing the authority granted to the secretary of transportation under the Coronavirus Aid, Recovery and Economic Security Act. The order sets out the DOT's expectations regarding the required service levels. This article provides a summary of the key provisions.

DOT clarifies enforcement policy regarding coronavirus
USA | 25 March 2020

The Department of Transportation recently issued the Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus. The enforcement notice acknowledges that medical certificates are unlikely to demonstrate whether a passenger is a direct threat, especially as there are no known measures that would prevent transmission of coronavirus in the cabin's closed environment.

Comfort animals are not service animals: DOT to narrow scope of service animal accommodations
USA | 19 February 2020

The Department of Transportation (DOT) has proposed significant changes to its disability regulations relating to the transportation of service animals by air. The DOT's current regulations require that airlines allow passengers to travel with a wide range of animals in cabin on the basis that they are service animals or emotional support animals. This article sets out the DOT's most significant proposed changes.

DOT proposes revisions to airline tarmac delay regulations
USA | 13 November 2019

The US Department of Transportation (DOT) has issued a notice of proposed rulemaking to amend its regulations governing situations in which an aircraft remains on the airport tarmac without an opportunity for passengers to deplane for an extended period. Specifically, it proposes to change the departure delay exemption, carrier reporting requirements and record retention requirements, among others. Comments on the notice of proposed rulemaking must be filed with the DOT by 24 December 2019.

TSA adopts alternative approach to enforcement against airlines and other regulated entities
USA | 09 October 2019

The Transportation Security Administration's (TSA's) new Action Plan Programme (APP), which recently went into effect, details an alternative framework for addressing security compliance issues. Rather than relying on traditional, penalty-focused civil enforcement action, the APP focuses on achieving a universally desired outcome – namely, increased aviation security. While the APP could prove beneficial to both the TSA and industry, it raises some areas of concern for airlines and other regulated parties.