2023-06-05 19:44:26
He Ministry of Transport, Mobility and Urban Agenda (Mitma) has established the minimum services corresponding to the indefinite strike of pilots of Air Nostrum SA, convened by SEPLA (Spanish Union of Airline Pilots), which has set 90 percent for flights to the islands and up to 65% for peninsular flights.
In this way, flights from or to non-peninsular territories and routes under public service obligations must relocate 90% of the passengers who had planned to fly, taking into account the “irreplaceable character” of the air mode for the mobility of non-peninsular territories.
Likewise, the same protection is granted on those routes subject to public service obligations due to the special need to guarantee connectivity in these territories, as indicated by the Ministry in a statement.
On the other hand, in domestic peninsular flights whose travel time on public transport is greater than five hours and international flights must allow the relocation of 65% of the passengers who had planned to fly on protected flights.
In the case of domestic peninsular flights whose travel time on public transport is less than five hours, the minimum services establish guaranteeing the relocation of 40% of passengers.
And 100% of those dedicated to emergency work are always protected, such as ambulance services, fire fighting, organ transport for the National Transplant System, surveillance, civil protection and rescue, etc.
The criterion for determining minimum services is based on establishing a percentage of flights to protect with respect to the total number of scheduled flights, in each of the affected airports, except in assessed cases, such as flights dedicated to emergency work, in which that is established 100% protection.
The percentage of flights to be protected is calculated using, together with the number of passengers to be relocated, the load factor of the company’s flights, customized for each period in which the strike is called.
On the other hand, and for the purposes of considering intermodal substitution, it is considered that the plane cannot be efficiently replaced by public land transport when the distance to be covered is more than 500 kilometerswhich translates into a travel time of more than five hours, without forgetting in any case that any alternative already has occupancy percentages derived from its regular users.
“Continuous improvement” of minimal services
The Ministry has introduced in this resolution a specific section that explains the evolution of the minimum service resolutions “in accordance with different pronouncements of different judicial bodies on some previous resolutions, as well as other modifications that aim to clarify as much as possible the interpretation of the resolution”. This measure responds to the “spirit of transparency and continuous improvement that is carried out”, they have assured.
Thus, detailed protection is established for each airport affected by the strike compared to the previously used procedure that established an average protection for the set of airports affected.
Regarding domestic flights to or from non-peninsular territories, compared to previously applied protection of 100%the relocation of 90% of the passengers is determined.
And in transport services for universal postal mail and perishable merchandise — among which is considered the transport of medicines and medical supplies, live animals and expatriation and movement of coffins–, no protection will be applied to strikes that take place in short time slots.
In addition, flights that are not susceptible to protection are determined, such as those that have origin and destination in airports outside Spanish territory. While the resolution does not authorize the use of certain practices such as the leasing of aircraft with crew or joint operations, which could limit the right to strike of the conveners.
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As an annex to the resolution, the list of flights scheduled by the company is included, for limit the flights potentially affected by the resolution.
Finally, the reasons why the governmental authority can leave the company the mere execution and implementation of the minimum services predetermined in the resolution are explained, “always through objective criteria in continuous improvement, both because the jurisprudence allows it, and for practical reasons”.
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