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27 July 2016
On June 16 2016 the Civil Aviation Authority (ANAC) issued a regulation modifying and rendering invalid previous dispositions, particularly Dispositions 73/97 and 1/01, which had been issued by the previous undersecretary of aero-commercial transportation.
Resolution 445/06 states that non-compliance with ANAC-approved schedules for scheduled carriers will be subject to fines under the legal framework of Decree 326/82 only if the carrier delays a flight without providing the required ancillary services to passengers under Resolution 1532/98 (issued by the previous Ministry of Economy, Works and Public Services, modified by Resolution 203/13).
According to Article 12 of Resolution 1532/98, a flight delay caused by a scheduled carrier may be due to:
For a flight delay for any of the abovementioned reasons, the passenger is entitled to:
Further, the carrier must provide the passenger the following incidental services with no extra cost:
The carrier or its authorised agents must display these regulations to passengers at ticket offices, reservation offices and airports.
Resolution 445 instructs ANAC´s National Direction of Air Transport to establish a ranking that will allow passengers, agencies, the Ministry of Tourism and members of the facilitation committee to access information, including this ranking, online.
The new regulation contributes to improved handling of the events that produce airport delays, allowing information about airline services to reach passengers and reducing fines if carriers provide the incidental services indicated by Resolution 1532/98.
If the carrier has no other option than to delay a flight, no fines will be imposed so long as the carrier complies with its obligations to its passengers.
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