Posted by By Wole Shadare, Aviation Reporter on
WORLD Airways, the United States carrier, which until January 2004, operated direct flights to Lagos from the U.S. has been fined $350,000 for its failure to airlift both Nigerians and foreign passengers.
WORLD Airways, the United States carrier, which until January 2004, operated direct flights to Lagos from the U.S. has been fined $350,000 for its failure to airlift both Nigerians and foreign passengers.
United States of America's Department of Transport (DOT) Washington DC, which slammed the fine accused the airline of violating certain provisions of the department's rules applicable to Public Charters (14 CFR Parts 380 and 212).
The violation, it said, constituted unfair and deceptive practices in violation of 49 U.S.C 41712.
A document signed by Rosalind A. Knapp, Deputy General Counsel for DOT, and served the airline on November 1, 2005, titled:"CONSENT ORDER", directed World Airways to "cease and desist from future violation."
World Airways had in December 2003 left passengers, among them Nigerians, who came home for holidays stranded.
The development led to protest by the Nigerians and other nationals many of who lost their jobs as a result of the saga.
It took the swift intervention of the then Minister of Aviation Mallam Isa Yuguda as the airline and the operators, Ritetime Aviation traded blames over the mess.
The situation forced the passengers to threaten Class action against the airline.
Class action in the U.S. means suit to fight the violation of customer's right.
Among the most important requirements of 14 CFR Parts 380 and 212 are the rules designed to prevent the stranding of charter passengers.
These rules include the requirements that;
the airline not undertake any part of the charter flight unless it has paid for both legs of a round trip flight prior to departure of the outbound flight.
Under the rules, the direct carrier is charged with the responsibility to ensure the return at no additional cost of U.S.-originating, round-trip passengers whom the carrier has transported on their outbound leg.
Knapp noted that the Office of Aviation Enforcement and Proceedings (Enforcement Office) subsequently learned that, as a result of World Airways refusal to operate post - December 31, 2003 flights to bring back persons holding round-trip tickets whom it had carried outbound, "large number of Ritetime/World Airways passengers were stranded in Lagos, Atlanta and New York awaiting flights to return them to their respective point of origin"
In mid January 2004, the Enforcement Office received an estimate that approximately 1,221, passengers remained in Lagos and 860 in New York awaiting return transportation," she added.
She further disclosed that the stranding of hundreds of passengers in the airport in Lagos created a chaotic and dangerous situation.
She reiterated that after considerable discussion with the Enforcement Office, World Airways elected to send a single MD-11 aircraft, with a 323-passenger capacity to Lagos on Sunday, January 19, 2004 on the carrier termed "humanitarian gesture of goodwill," and brought 318 passengers back to New York.
"After the flight, the airline estimated that at the time, there remained in Nigeria only 13 passengers needing a return flight and that there would be 50 to 70 who, in its view would qualify for return flights later in the month.
A representative of the airline who craved anonymity told The Guardian yesterday that he believed the issue had been resolved, even as he said that the Enforcement Office's investigation of Ritetime Aviation continues.