Expert: D. Norkus - 3/17/2009

Question
QUESTION: Hi Dottie,

I hope you can help me. I would like to know what documents an airline must
keep on file regarding past flights. Does the airline keep flight plans on file
for a year? Essentially, I am trying to find out how many people (or how much
weight) were on a particular flight.  

Thanks,

Perry

ANSWER: Perry

Flight papers must be retained for 90 days, after that they are discarded. Only flights with hazardous materials shipments (non-airline) must be retained longer- for 3 years. The departure station usually files and holds them versus the airline headquarters. The flights dispatch release signed by the captain (which includes the filed flight plan routing), cargo loading slip, and weight & balance manifest are in the file. The manifest would have the number of passengers (adults, children & infants) on board. Infants not in a seat (held on lap) are not included in the weight. Passengers weights are averaged (185lb summer, 195lb winter; children 82 or 87lbs) unless it is a sports team or some special load where actual must be used.

If it has not been 90 days since departure, the numbers will still be on file. However I don't think an airline would be bothered to provide any such information to you without a real need to know. Unless you are friendly with a departure point station agent who would be willing to do the legwork to go to the files and look up this info for that particular flight from the manifest, odds are slim you will get the it.

Dottie



---------- FOLLOW-UP ----------

QUESTION: Hi Dottie,

Thanks for the prompt reply! I'm disappointed about the 90 day requirement.
My wife and I were booked for a flightseeing tour with a small airline seven or
eight months ago. We did our due diligence and asked lots of questions.
Shortly before the flight, we found that the answers we got were lies and
there have been numerous issues with this carrier. So we cancelled. They
refused to give us back our money.

At this point, the carrier is saying that they did not find anybody to fill our
seats so they are charging us. I would like some independent verification that
they did not have a full aircraft on the day in question.

Thanks,

Perry

Answer
Perry

I doubt the company is an "airline" if they are doing sight seeing tours but an "on demand charter operator", which is governed under Part 135 of the Federal Aviation regulations. The 90 day paperwork requirement I mentioned is for airline or Part 121 operators, and I am not familiar with the requirements for Part 135 operators. Either way, I bet the papers have long been since trashed as I would assume Part 121 to be more restrictive.

Unless they offered to refund you if they could fill your seats (in writing), you will be held to the terms of your ticket purchase regardless of the capacity of the flight like the airlines do. I am wondering what 'lies' you were told. Some smaller ops will do anything to make a buck, but tell you their cancellation conditions up front. Does it say no refund on the ticket? (Or in the office or where you made the purchase.) If it doesn't state that in writing someplace, try going through your credit card company if your charged the tickets and see what they can do. Have you also tried the Better Business Bureau? If there have been "numerous issues with this carrier" they may already have a record on them and they will certainly be under scrutiny from their local Flight Standards District Office of the FAA. Unfortunately you probably know if something is not in writing, it is hard to prove it was promised to you.

Good Luck
Dottie