Order 2013-11-11 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Fourteenth day of November, 2013

GoJet Airlines, LLC Docket OST 2013-0004

Violations of 49 U.S.C. § 41708 and Served November 14, 2013

 14 CFR Part 244 

CONSENT ORDER

This consent order concerns the failure of GoJet Airlines, LLC, (GoJet) to timely file

with the Department of Transportation (Department) Tarmac Delay Reports in violation 

of 14 CFR Part 244 and 49 U.S.C. § 41708. It directs GoJet to cease and desist from 

future similar violations of Part 244 and section 41708, and assesses the carrier a 

compromise civil penalty of $10,000.

Applicable Law

Section 244.3 of the Department’s regulations require certain air carriers to file Bureau of 

Transportation Statistics (BTS) Form 244 “Tarmac Delay Report” with the Office of 

Airline Information for each month in which at least one tarmac delay of three hours or 

more occurred. The report includes detailed data regarding each incident. The data are 

then published and made available to the public in a useable format in the Department’s 

monthly Air Travel Consumer Report (ATCR), which, among other things, lists all 

regularly scheduled domestic flights with tarmac delays of three hours or more and

international flights with tarmac delays of four hours or more.1

 The ATCR data in 

question are used for a number of purposes, including by the traveling public to choose 

among transportation options, by the Department as a basis for conducting enforcement 

investigations, and by carriers as a basis for making advertising claims regarding the 

quality of their service compared to other carriers. It is imperative, therefore, that ATCR 

data be accurate. Violations of section 244.3 also constitute violations of 49 U.S.C. 

§ 41708.

In addition to the reporting requirements of 14 CFR Parts 234 and 244, the FAA 

Reauthorization Act, 49 U.S.C. § 42301(h), requires carriers to submit a written 

description of a tarmac delay incident in which any flight experiences an excessive 

 1 See Air Travel Consumer Report, available at http://www.dot.gov/airconsumer. 
2

tarmac delay to the Aviation Consumer Protection Division of the Department within 30 

days of the date of the incident. The requirement to submit a report under the FAA 

Reauthorization Law is separate and distinct from a carrier’s obligation to submit to the 

Bureau of Transportation Statistics an on-time performance report under 14 CFR Part 234 

or a Tarmac Delay Report under 14 CFR Part 244.

Background

GoJet, a covered carrier under 14 CFR Part 244, failed to timely file the required Tarmac 

Delay Reports under Part 244 for two tarmac delays of more than three hours that 

occurred on July 13, 2012, at Chicago-O’Hare International Airport (ORD). The affected 

flights, operated by GoJet doing business as United Express, were: (1) United Express

flight 3638 from Kansas City International Airport to ORD and (2) United Express flight 

3671 from Austin-Bergstrom International Airport to ORD. Tarmac Delay Reports for 

the two flights should have been submitted to the Office of Airline Information on or 

before August 15, 2012, as required by Part 244.

2

GoJet’s mainline partner filed a report with the Department’s Aviation Consumer 

Protection Division in accordance with 49 U.S.C. § 42301(h) which provided some 

information regarding the tarmac delay incidents but did not include the detailed data 

required in a Part 244 Tarmac Delay Report. Therefore, the Office of Aviation 

Enforcement and Proceedings (Enforcement Office) was aware of the delays because of

the report submitted under the statutory requirement. Prior to the Part 244 filing 

deadline, the Enforcement Office reminded GoJet that with respect to code-share 

arrangements, the code-share partners must decide among themselves who will file each

required Part 244 report. The Enforcement Office also advised GoJet that the 

Department did not need duplicate tarmac delay reports, but if any report is not timely, 

fully, or accurately filed, the Enforcement Office could hold both the operating and 

marketing carrier responsible.3

 Nevertheless, neither GoJet nor United filed the required

Part 244 report with BTS until well after the August 15, 2012, deadline. Accordingly, the 

Enforcement Office found that GoJet’s failure to timely report the tarmac delays to BTS

violated 14 CFR Part 244 and 49 U.S.C. § 41708.

Mitigation

GoJet Airlines believed at the time of this violation that it had complied with the 

reporting requirements of the Department. GoJet further believed that the Enforcement 

Office was already aware of the tarmac delay issues in question and the Enforcement 

 2

 The Office of Aviation Enforcement and Proceedings became aware that the two flights experienced 

tarmac delays of more than three hours prior to the publication of the September 2012 ATCR, and was able 

to accurately publish the information regarding the tarmac delays, despite GoJet’s failure to timely file the 

required reports. The reports were filed in mid-September 2012.

3 See also Answers to Frequently Answered Questions Concerning the Enforcement of the Second Final 

Rule Enhancing Airline Passenger Protections (EAPP #2), II. Reportable Tarmac Delay Data (14 CFR 

Part 244), Q3, U.S. Department of Transportation, Office of Aviation Enforcement and Proceedings, (Aug. 

19, 2011, revised Sept. 6, 2011, Oct. 19, 2011, Jan. 11, 2012).
3

Office was in discussions with both GoJet Airlines and its mainline partner about the 

tarmac delay issues. When GoJet inquired with the Enforcement Office about a duplicate 

filing, GoJet states that it was advised that duplicate filings with the Department would 

not be required, so GoJet did not make what it believed were duplicate filings. At the 

time GoJet believed that the filings had been made and that the Department was fully 

aware of the totality of the situation. Notwithstanding the above and in the interest of 

resolving this matter without further litigation, GoJet now agrees to this consent order 

with the Department.

Decision

The Enforcement Office has carefully considered the information provided by GoJet but 

continues to believe that enforcement action is warranted. The Enforcement Office and 

GoJet have reached a settlement of this matter in order to avoid litigation. GoJet consents 

to the issuance of an order to cease and desist from future violations of 49 U.S.C. § 41708 

and Part 244 of the Department’s regulations, and to the assessment of $10,000 in 

compromise of potential civil penalties otherwise due and payable pursuant to 49 U.S.C. 

§ 46301. 

This compromise assessment is appropriate considering the nature of the violations 

described herein and serves the public interest. It represents an adequate deterrence to 

future noncompliance with the Department’s reporting requirements by GoJet as well as 

by other air carriers and foreign air carriers. 

This order is issued under the authority contained in 49 CFR Part 1.

ACCORDINGLY,

1. Based on the above discussion, we approve this settlement and the provisions of 

this order as being in the public interest;

2. We find that GoJet Airlines, LLC, violated 14 CFR Part 244 by failing to file 

timely Tarmac Delay Reports concerning flights 3638 and 3671 operated on July 

13, 2012; 

3. We find that by engaging in the conduct and violations described in ordering 

paragraph 2, above, GoJet Airlines, LLC, has also violated 49 U.S.C. § 41708; 

4. We order GoJet Airlines, LLC, and all other entities owned or controlled by or 

under common ownership with GoJet Airlines, LLC, and their successors and 

assignees, to cease and desist from future violations of 49 U.S.C. § 41708 and 14 

CFR Part 244;

5. GoJet Airlines, LLC, is assessed $10,000 in compromise of civil penalties that 

might otherwise be assessed for the violations found in ordering paragraphs 2 and

3, above, $5,000 of which shall be due and payable within 15 days from the date 
4

of issuance of this order. The remaining $5,000 shall become due and payable 

immediately if GoJet Airlines LLC, violates the cease and desist provision of this 

order within one year following the date of issuance of this order, or fails to 

comply with the order’s payment provisions; and

6. We order GoJet Airlines, LLC, to pay the penalty assessed in paragraph 5 through 

Pay.gov to the account of the U.S. Treasury. Payments shall be made in

accordance with the instructions contained in the Attachment to this order. Failure 

to pay the penalty as ordered shall subject GoJet Airlines, LLC, to the assessment 

of interest, penalty, and collection charges under the Debt Collection Act and to 

further enforcement action for failing to comply with this order.

This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

SAMUEL PODBERESKY

Assistant General Counsel for

 Aviation Enforcement and Proceedings

 

An electronic version of this document is available at

www.regulations.gov