Tarmac Delay Plan

Effective January 26 2022

At Silver Airways, we are dedicated to providing a level of service to our customers that makes us a leader in the airline industry and are committed to operating a reliable schedule. Safety considerations, weather, air traffic control, and other factors may occasionally cause lengthy tarmac delays. In compliance with our customer commitment and U.S. Department of Transportation (DOT) regulations, we have planned and prepared to manage and minimize lengthy tarmac delays on Silver Airways and our code share operated flights. Silver Airways' goal is to make every flight a safe and pleasant experience for our customers.

Consistent with DOT regulations, this Tarmac Delay Plan (the “Plan”) applies to Silver Airways’ scheduled and public charter flights at each U.S. large hub airport, medium hub airport, small hub airport and non-hub airport at which Silver Airways operates or markets such service.

Silver Airways Assurances to Customers

1. For domestic flights covered by this Plan, Silver Airways will not permit an aircraft to remain on the tarmac for more than 3 (three) hours for arriving flights and will begin to return to a gate or other suitable disembarkation point no later than 3 (three) hours after the main cabin door is closed on departing flights to offer passengers the opportunity to deplane. If the aircraft is in an area that is not under the carrier’s control (e.g., a controlled movement area), the aircraft has begun to return to a suitable disembarkation point when a request is made to the Federal Aviation Administration control tower, airport authority, or other relevant authority directing the aircraft’s operations. If the aircraft is in an area that is under the carrier’s control (e.g., a non-controlled movement area), the aircraft has begun to return to a suitable disembarkation point when the pilot begins maneuvering the aircraft to a suitable disembarkation point. The following exceptions apply:

The pilot-in-command determines that deplaning passengers at a suitable disembarkation point would jeopardize passenger safety or security, or there is a safety related or security related reason why the aircraft cannot leave its position on the tarmac to deplane passengers; or
Air traffic control advises the pilot-in-command that returning to a suitable disembarkation point to deplane passengers would significantly disrupt airport operations.

2. For international flights covered by this Plan that depart from or arrive at a U.S. airport, Silver Airways will not permit an aircraft to remain on the tarmac for more than 4 (four) hours for arriving flights and will begin to return to a gate or other suitable disembarkation point no later than 4 (four) hours after the main cabin door is closed on departing flights to offer passengers the opportunity to deplane. If the aircraft is in an area that is not under the carrier’s control (e.g., a controlled movement area), the aircraft has begun to return to a suitable disembarkation point when a request is made to the Federal Aviation Administration control tower, airport authority, or other relevant authority directing the aircraft’s operations. If the aircraft is in an area that is under the carrier’s control (e.g., a non-controlled movement area), the aircraft has begun to return to a suitable disembarkation point when the pilot begins maneuvering the aircraft to a suitable disembarkation point. The following exceptions apply:

The pilot-in-command determines that deplaning passengers at a suitable disembarkation point would jeopardize passenger safety or security, or there is a safety related or security
related reason why the aircraft cannot leave its position on the tarmac to deplane passengers; or
- Air traffic control advises the pilot-in-command that returning to a suitable disembarkation point to deplane passengers would significantly disrupt airport operations.

3. The Tarmac Delay Program will be implemented if takeoff is not imminent 30 minutes after the main cabin door has been closed for departure or, in the case of an arrival, passengers have not been able to deplane within 30 minutes after landing.

4. During a tarmac delay the company will provide operable lavatory facilities as well as adequate medical attention if needed.

5. Silver Airways will meet the following requirements:

Notify the passengers on board the aircraft during a tarmac delay regarding the status of the delay when the tarmac delay exceeds 30 minutes.
Notify passengers on board the aircraft that passengers have the opportunity to deplane each time the opportunity to deplane exists at a suitable disembarkation point for all departing flights and diversions.
Provide adequate food and potable water no later than two (2) hours after the start of the tarmac delay unless the pilot-in-command determines that safety or security considerations preclude such service. Service should be concluded and the aircraft ready for movement to a suitable disembarkation point no later than 2:45 after the start of the tarmac delay.
Begin maneuvering the aircraft to a suitable disembarkation point, coordinating with ATC and/or company operations, no later than three (3) hours after arrival or closure of the main cabin door for domestic flights and four (4) hours after arrival or closure of the main cabin door for international flights.

Note: Consistent with Silver Airways Contract of Carriage, the tarmac delay contingency plan of the operating carrier governs when it is operating a flight on which the Silver Airways (3M) code is displayed.

We would like our customers to be aware of the following information regarding certain customer service provisions during a lengthy tarmac delayed flight.

If needed, deplaning of customers may occur when it is safe and secure to do so at either a terminal gate or at a designated aircraft parking position on airport grounds via stairs and ground transportation.
All customers who want to deplane from a flight that has experienced a lengthy tarmac delay and make alternative travel arrangements consistent with airline ticketing policies may do so when it is determined to be safe and secure, after the aircraft has been moved into position for deplaning, all operational requirements for deplaning have been completed, and the pilot-in-command has allowed customer deplaning to begin. Passengers should be aware that they deplane at their own risk and the flight could depart anytime without them.
In most cases, the delayed flight will continue to its destination after passengers who have chosen to deplane do so; Silver Airways customers continue to tell us that, generally, they want to get to their intended destination, even if their arrival will be delayed.
In instances where customers are permitted to deplane at a remote aircraft parking position, re-boarding the aircraft will not be possible and therefore will not be made available. In cases where an aircraft that has returned to a gate in accordance with the Plan, customers may be advised how long the aircraft will remain at the gate to determine how much time (if any) customers may spend inside the terminal prior to having to re-board the aircraft for the continuation of the flight.

Customers who chose to deplane and make alternative travel arrangements consistent with airline ticketing policies, should be aware that on most domestic flights, their checked baggage will remain on the aircraft to the flight’s final destination. In cases where the flight returns to the gate and is canceled, customers will be able to retrieve their checked luggage at the airport.
Depending upon aircraft catering provisions, local airport catering supplies and the circumstances of the delay, adequate food may be a snack item.
For all aircraft covered by this Plan with onboard lavatory services for customer use, customers will have access to aircraft lavatories provided that the pilot-in-command has indicated it is safe and secure for customers to move about the aircraft cabin.
Silver Airways Flight Attendants are trained to contact, coordinate, and, if necessary, utilize third party medical service providers, if available, to address customer needs when an aircraft is experiencing a lengthy tarmac delay or is in flight. In-flight crews will also coordinate with the pilot-in-command should any customer require immediate medical attention.
Silver Airways will maintain cabin temperatures at a comfortable level during a tarmac delay. In the event the pilot-in-command determines that the cabin temperature is uncomfortable for passengers, he or she will return the aircraft to the gate as soon as possible or make other arrangements to ensure that cabin temperatures are comfortable on the tarmac.
Customers are encouraged to make appropriate preparations for air travel, such as bringing essential need items onboard the aircraft in accordance with advised carry-on restrictions. Such items may include medicines and other medically required items, baby/childcare products (i.e., diapers), and other items essential to personal health and communication requirements. Silver Airways will not have such products available for customers.
In the event of an emergency at an airport covered by this Plan, Silver Airways will work with the airport operator and, where necessary, other carriers at the airport, to share facilities and make gates available.
Silver Airways will implement its Plan consistent with the safe and secure operation of our aircraft.