Contingency Plan for Lengthy Tarmac Delays

TAM-Linhas Aereas, S.A. (TAM)’s Contingency Plan for Lengthy Tarmac Delays (TAM’s Plan) describes what TAM will implement during a lengthy tarmac delay in accordance with U.S. Department of Transportation (DOT) regulations. TAM makes its Plan available at the carrier’s website,  www.tam.com.br

Consistent with DOT regulations, TAM’s Plan covers all TAM scheduled and public charter flights operated to and from the U.S. With respect to TAM codeshare flights operated by another carrier (Continental, United or USAirways) that depart from or arrive at a U.S. airport, the tarmac delay contingency plan of the operating carrier governs as is provided for in TAM’s Conditions of Carriage.

TAM’s goal is to operate every flight on time. However, we know that when certain events intervene, this may not always be possible. Our customers recognize that weather, air traffic control delays, airport or governmental constraints, or airline operational delays may preclude TAM from conducting flights as scheduled. When flights are delayed TAM will take steps to minimize the impact of the delay on our customers. TAM’s Tarmac Delay plan describes TAM’s commitment to our passengers when extended ground delays occur. TAM’s Plan will be activated during times when customers on these flights are experiencing irregular operations involving a lengthy tarmac delay.

Here are the details of TAM’s Plan.

Contingency Plan for Lengthy Tarmac Delays

This TAM Plan is adopted for all scheduled and public charter flights operated by TAM to and from the U.S.

1. For all flights covered by this Plan that depart from or arrive at a U.S. airport, TAM will not permit an aircraft to remain on the tarmac at a U.S. airport for more than four hours before allowing passengers to deplane, unless:
(i) The pilot-in-command determines there is a safety-related or security-related reason why the aircraft cannot leave its position on the tarmac to deplane passengers; or
(ii) Air Traffic Control advises the pilot-in-command that returning to a gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.

2. For all flights covered by this Plan, TAM will provide adequate food and potable water no later than two hours after the aircraft leaves the gate (in the case of departure) or touches down (in the case of arrival) if the aircraft remains on the tarmac, unless the pilot-in-command determines that safety or security considerations preclude such service.

3. For all flights covered by this Plan, TAM will provide operable lavatory facilities, as well as adequate medical attention if needed, while the aircraft remains on the tarmac.

4. For all flights covered by this Plan, TAM will notify passengers on the delayed flight beginning 30 minutes after the scheduled departure time (including any revised departure time that passengers were notified about before boarding), and every 30 minutes thereafter, that they have the opportunity to deplane from the aircraft if it is at the departure gate or at another disembarkation area with the door open if the opportunity to deplane actually exists.

5. TAM has sufficient resources to implement this Plan, when necessary.

6. TAM has coordinated this Plan with airport authorities (including terminal facilities operators, where applicable) at all U.S. airports that TAM serves, including regular diversion airports in the U.S.

7. TAM has coordinated this Plan with U.S. Customs & Border Protection (CBP) and the Transportation Security Administration (TSA) at each U.S. airport that TAM serves regularly, including regular diversion airports in the U.S.