How airlines’ handling of flight disruptions violates NCAA Part 19

The Nigeria Civil Aviation Authority (NCAA) has raised concerns over what it described as airlines’ growing disregard for passenger protection requirements under Part 19 of the Nigeria Civil Aviation Regulations (Nig.CARs) 2023.

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The Director of Public Affairs and Consumer Protection of the NCAA, Michael Achimugu, said airlines were not necessarily at fault whenever flights were delayed or cancelled, but must comply with specific obligations once a disruption occurs.

Mr Achimugu made the remarks in a video he posted on his official X page, which he said formed part of his report to the Director-General of Civil Aviation, Chris Najomo, on the disruption and compliance records of major airlines.

“Disruptions will never end anywhere in the world,” Mr Achimugu said, stressing that the NCAA had consistently explained this to passengers.

However, he said airlines were increasingly failing to meet their obligations to passengers during such disruptions.

“There’s becoming this gross disregard for the regulations, Part 19, by the airlines.”

Part 19 of the Nig.CARs 2023 sets out minimum passenger rights and the obligations of airlines when scheduled flights are delayed or cancelled. The regulation is specifically designed to cover passenger protection during such disruptions.

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What Part 19 requires during delays

For domestic flights, regulations require an airline that reasonably expects a flight to be delayed to give passengers the reason for the delay within 30 minutes of the scheduled departure time.

If the delay lasts more than two hours, passengers are entitled to refreshments as well as telephone calls, SMS and emails.

Beyond three hours, passengers are entitled to reimbursement or re-routing. Where the delay extends beyond 10 p.m. until 4 a.m., or the airport is closed at the departure or destination point, the airline is required to provide hotel accommodation and transport.

The regulations also provide for compensation where a domestic delay becomes a lengthy delay of more than six hours, although an airline may be exempt if it can prove that the delay was caused by extraordinary circumstances that could not have been avoided despite reasonable measures.

The rules also require airlines to provide assistance to passengers affected by cancellations.

For domestic cancellations, passengers are entitled to compensation equivalent to at least 25 per cent of the fare unless they were informed of the cancellation at least 24 hours before the scheduled departure.

Airlines must also offer reimbursement or re-routing in accordance with the regulation.

The NCAA’s regulations further provide that where reimbursement is due, it should be made immediately for domestic flights when paid in cash, while other forms of reimbursement are subject to the specified timelines.

Communication remains a major problem

Mr Achimugu said poor communication was one of the issues worsening passengers’ frustration during disruptions.

He said airlines sometimes failed to give passengers honest and timely information even when they already knew that a flight would not operate as scheduled.

According to him, this often leaves passengers waiting for hours at airports, including families travelling with children, only for flights to be cancelled much later.

He gave an example of a situation involving an aircraft being grounded, known as Aircraft on Ground (AOG), where an airline already knows that it will be unable to maintain its published schedule.

Mr Achimugu said airlines should instead communicate early with passengers and, where necessary, adjust their schedules so that passengers do not travel to the airport only to wait for hours for flights that the airline already knows may not operate.

Part 19 also requires airlines to provide passengers affected by delays or cancellations with information about their rights, including compensation and assistance.

Refunds, compensation

Mr Achimugu also raised concerns about unresolved refunds and the way some airlines handle compensation.

He said some airlines appeared to treat compensation as something they could determine themselves, rather than an obligation prescribed by the regulations.

He cited cases involving passengers denied boarding after overbooking, saying airlines could not simply offer passengers discounts on future tickets in place of the compensation required by the regulations.

Part 19 provides that passengers entitled to compensation should receive at least 25 per cent of the fare for domestic flights and 30 per cent for international flights, subject to the conditions and exceptions contained in the regulations.

Mr Achimugu also said the NCAA continued to receive a large number of unresolved refund cases despite assurances by some airlines about faster refund processing.

Disruptions remain widespread

The concerns come amid continued widespread disruptions in Nigeria’s domestic aviation sector.

PREMIUM TIMES earlier reported that the NCAA has recorded 7,961 domestic flights in August, of which 4,765 were delayed and 36 cancelled. The delays represented about 60 per cent of all domestic flights operated during the month.

More than 600 of the delayed flights were delayed for at least two hours, including 407 flights delayed between two and three hours and 235 delayed for three hours or more.

Air Peace recorded the highest number of delays with 1,330, followed by United Nigeria Airlines with 943.

The figures prompted renewed pressure on airlines to improve operational planning and passenger handling.

During meetings with airlines in September, the NCAA also warned carriers against operating schedules beyond their available aircraft and crew capacity, particularly when aircraft are grounded.

Mr Achimugu said the NCAA had been supporting airlines through passenger education and engagement, but warned that the responsibility for complying with the regulations ultimately remained with the operators.