Hurricane management in commercial aviation: between operational coordination and user needs.
Introduction
The hurricane season in the Caribbean, which begins in June and extends until November 30, represents a significant challenge for commercial aviation. This natural phenomenon, classified in our legal system as a case of force majeure, directly affects the planning, operation, and responsibility of airlines and airports, and of course, the plans of passengers. This analysis examines the alert mechanisms, operational responses, and applicable legal framework, with special emphasis on the protection of passenger rights.
Aeronautical meteorological alert systems
Action in the event of hurricanes begins with the issuance of aeronautical meteorological alerts, in accordance with protocol IDAC-MET-15000, among which are:
- SIGMET: Significant meteorological information issued in the event of severe phenomena that threaten flight safety.
- Tropical Cyclone Advisory (TCA): Issued by specialized centers such as the National Hurricane Center (NHC), it reports on the position, intensity, and trajectory of the cyclone.
- METAR/SPECI and TAF: Real-time weather reports and forecasts from airports.
- Watch Bulletins: Advance surveillance notices for FIR (Flight Information Region) regions.
- These alerts are distributed in an orderly manner through the Flight Information Center (FIC), the Area Control Center (ACC), the AFTN system, and the SADIS, with the aim of avoiding interference and contradictions in operational decision-making.
Operational response to hurricanes
Airlines and airports activate specific protocols upon receipt of these alerts. The measures include:
Preventive closure of airports between 12 and 24 hours before the expected impact.
Hold Ground Stop: Prohibition of takeoff to the affected FIR from any airport in the world.
Relocation of aircraft, preventive cancellation of flights, and reconfiguration of routes.
Timely communication to passengers by email. In this case, from the moment the corresponding reports are received.
These actions reflect an improvement in the capacity for anticipation thanks to technology, although challenges persist in inter-institutional coordination and in effective communication with users.
Applicable legal framework
From a legal point of view, hurricanes constitute a case of force majeure, which exempts airlines from paying compensation for cancellations, provided that certain requirements are met. For example, one of the applicable regulations, which applies in a supplementary manner in the Dominican Republic, is Article 5 of Regulation (EC) No. 261/2004, which states that: “An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”.
However, assistance obligations remain, such as: providing food, accommodation, and alternative transportation, as applicable, and refunding the ticket within 7 days or re-routing the passenger at no additional cost.
The legal key is that the airline must prove that it communicated the cancellation in a timely manner and that it was caused by an unavoidable event.
Critical analysis
Although the alert system and protocols have evolved, thanks to technology that allows for more accurate and faster reports, hurricane management in commercial aviation continues to be a complex challenge due to the number of actors involved in the activity and the needs of each of them. Let us not forget that this interrupts all the connectivity that is intertwined between cities and airlines around the world, which generates losses and its reestablishment is also gradual. Coordination between aeronautical authorities, operators, and meteorological centers is essential to guarantee safety and minimize the impact on passengers. Transparency in communication and compliance with legal obligations are fundamental pillars to avoid conflicts and protect the rights of users.
