Record of NOTAM (21st December) - BA flying to Madeira
Discussion
After a bit of help.
My brother was due to fly to Madeira on 21st December. At midnight on 20th December, the Portuguese government banned UK nationals from flying in to Portugual. All other airlines including Easyjet etc reacted immediately. British Airways, however, continued with their 07:35 departure from Heathrow to Madeira, advising the 40 or so UK nationals due to board that as far as they were aware, it was okay to travel (most were questioning the ground staff as they were reading the news at the time).
The plane arrived in Madeira and was promptly surrounded by national police who refused to allow the UK nationals to disembark. The pilot spoke to the passengers and told them that he know nothing about this until they had landed. They remained aboard while BA tried to rearrange the return flight manifest to ensure that those parties remained in their seats. They eventually arrived back in Heathrow after almost 11 solid hours in their seats.
The mess-up came close to causing a diplomatic incident as the regional president wanted to allow the passenger to disembark so they could rest in a secure place within the airport.
On to the question. British Airways are now claiming that they did not receive the NOTAM until after the flight had departed and therefore they have no liability whatsoever (and therefore will not refund any of the flight costs). I am struggling to believe that this is the case, and even if it were true, surely they have a duty of care to react to clear situations that are occurring (as the other airlines did).
I have a found a website that lists NOTAM notices, but am struggling to navigate through it to find this particular NOTAM and more importantly, the time when it was published. Can anyone help?
cheers
My brother was due to fly to Madeira on 21st December. At midnight on 20th December, the Portuguese government banned UK nationals from flying in to Portugual. All other airlines including Easyjet etc reacted immediately. British Airways, however, continued with their 07:35 departure from Heathrow to Madeira, advising the 40 or so UK nationals due to board that as far as they were aware, it was okay to travel (most were questioning the ground staff as they were reading the news at the time).
The plane arrived in Madeira and was promptly surrounded by national police who refused to allow the UK nationals to disembark. The pilot spoke to the passengers and told them that he know nothing about this until they had landed. They remained aboard while BA tried to rearrange the return flight manifest to ensure that those parties remained in their seats. They eventually arrived back in Heathrow after almost 11 solid hours in their seats.
The mess-up came close to causing a diplomatic incident as the regional president wanted to allow the passenger to disembark so they could rest in a secure place within the airport.
On to the question. British Airways are now claiming that they did not receive the NOTAM until after the flight had departed and therefore they have no liability whatsoever (and therefore will not refund any of the flight costs). I am struggling to believe that this is the case, and even if it were true, surely they have a duty of care to react to clear situations that are occurring (as the other airlines did).
I have a found a website that lists NOTAM notices, but am struggling to navigate through it to find this particular NOTAM and more importantly, the time when it was published. Can anyone help?
cheers
normalbloke said:
Unusual content for a traditional NOTAM, but it’s been a while, and it’s not traditional times..
This is why i think BA are bullsh*tting. However, doing some hunting around, it seems they may be referring to an aircraft entry requirement notice, although i have not yet been able to find the specific one. As an example of a recent one:-A0102/21: Aircraft entry requirements : miscellaneous plain language
por NATS Briefing 2101101720 on 10th Jan 2021 17:20 em 10/01/2021 a 01:05
LPXX/QOEXX/IV/NBO/E/000/999/3100N02417W999COVID-19: PASSENGER RESTRICTIONS1) IN ACCORDANCE WITH PORTUGUESE GOVERNMENT INSTRUCTIONS AIMING TOIMPROVE APPROPRIATE INFECTION PREVENTION AND SPREAD MITIGATION, ALLBOARDING PASSENGERS EXCLUSIVELY FOR ESSENTIAL TRAVEL FROM/TO NON-EUAND NON SCHENGEN AGREEMENT COUNTRIES, SHALL HOLD A NEGATIVE COVID-19RT-PCR TEST, DONE WITHIN 72 HOURS BEFORE DEPARTURE, WITHOUT WHICHWILL NOT BE PERMITTED TO BOARD. EXCEPTIONS ARE CHILDREN UNDER 24 MONTHS OF AGE ANDTRANSIT PASSENGERS WHO DO NOT HAVE TO ABANDON AIRPORT FACILITIES.2) NATIONAL CITIZENS AND FOREIGN CITIZENS AND THEIR FAMILY MEMBERSWITH LEGAL RESIDENCE IN NATIONAL TERRITORY AND DIPLOMATIC PERSONNELPLACED IN PORTUGAL, ON FLIGHTS EXCLUSIVELY FOR ESSENTIAL TRAVEL,REPATRIATION FLIGHTS OF NATIONAL CITIZENS OR HOLDERS OF A PORTUGUESERESIDENCE PERMIT, HUMANITARIAN OR REPATRIATION FLIGHTS OF FOREIGNCITIZENS PROMOTED BY THE COMPETENT AUTHORITIES OF THEIR HOME STATESAND SUBJECT TO PREVIOUS REQUEST AND AGREEMENT, WITH RESPECT TORECIPROCITY PRINCIPLES, IN VIOLATION OF THE DUTY TO PROVIDE PROOF OFLABORATORY TESTING FOR SCREENING FOR SARS-COV-2 INFECTION WITH ANEGATIVE RESULT, WILL BE IMMEDIATELY FORWARDED TO THE COMPETENTAUTHORITIES TO CARRY OUT THE TEST AT THEIR OWN EXPENSES, EXCEPT IFTHEY IMMEDIATELY PROCEED TO OTHER NATIONAL AIRPORTS WHERE CONTROLAND TEST IS MANDATORY, AT ARRIVAL.3) AIRLINES THAT ALLOW PASSENGERS TO BOARD WITHOUT A NEGATIVE COVID-19 RT-PCR TESTARE IN BREACH OF THE DUTIES ESTABLISHED AND SHALL BE OBJECTOF ADMINISTRATIVE PROCEEDINGS FORESEEN IN PORTUGUESE LAW.FROM: 09 Jan 2021 23:41 GMT (23:41 WET) TO: 15 Jan 2021 23:59 GMT (23:59 WET)
I assume they would have published a similar notice regarding UK nationals, but I just can't find it.
NOTAMs only tend to show for 14 days on public sites until they're removed because there's so many of them. I've checked the Network News releases on Network Operations Portal of Eurocontrol and the first Covid release I can find for UK air travel restrictions was on 22/12 at 0818 UTC. In that release LP (prefix for Portuguese airspace) is not listed, nor is it listed in the release on 25/12 at 1715. From that point they no longer appear as archive news entries as they transferred the COVID NOTAM summaries onto a separate PDF/Word web page. Checking the latter it only shows the very latest NOTAM which is only valid from 7/1/21 2139 so no use to you (that's about PCR tests anyway).
You could maybe create an account on this site (link in menu on left) : https://notaminfo.com/latest?country=Portugal and then try the 'expired notams' link (you need an account to look at expired ones) and select Portugal from the drop down. You want NOTAMs from LPPC FIR (the airspace covering Madeira). Do a CTRL+F for "COVID-19" and "KINGDOM" are your best bets if anything is there. In case it was something specific to Madeira, their airport code is LPMA.
You could maybe create an account on this site (link in menu on left) : https://notaminfo.com/latest?country=Portugal and then try the 'expired notams' link (you need an account to look at expired ones) and select Portugal from the drop down. You want NOTAMs from LPPC FIR (the airspace covering Madeira). Do a CTRL+F for "COVID-19" and "KINGDOM" are your best bets if anything is there. In case it was something specific to Madeira, their airport code is LPMA.
YB: Curiosity got the better of me so I created an account! 
Here are the relevant NOTAMs. Hope it helps!
I see that the first NOTAM was not published until 0731 UTC. If the flight was scheduled to leave at 0735 UTC then unfortunately it seems that BA have a valid argument from that angle, although imo if the national news said from midnight that UK nationals would be prohibited entry to Portugal, I would say that BA failed in their duties but IANAL. Another angle is that someone in dispatch/flight ops at BA would (should) have seen that NOTAM while the flight was enroute so could have turned it back, but what do you do if there are also Portuguese nationals onboard who have no such entry restrictions?
A4117/20: Aircraft entry requirements : miscellaneous plain language
Q) LPXX/QOEXX/IV/NBO/E/000/999/3100N02417W999
COVID-19: PASSENGER RESTRICTIONS
1. IN ACCORDANCE WITH PORTUGUESE GOVERNMENT INSTRUCTIONS AIMING TO
IMPROVE APPROPRIATE INFECTION PREVENTION AND SPREAD MITIGATION,
PASSENGERS IN FLIGHTS FROM THE UNITED KINGDOM, WILL BE ALLOWED TO
ENTRY INTO NATIONAL TERRITORY ONLY IF THEY ARE NATIONAL CITIZENS OR
HOLDERS OF RESIDENCE PERMITS IN PORTUGAL AND THEIR FAMILIES, AS WELL
AS DIPLOMATIC PERSONNEL PLACED IN PORTUGAL.
2. THEY SHALL HOLD A NEGATIVE COVID-19 RT-PCR TEST, DONE WITHIN 72
HOURS BEFORE DEPARTURE.
3. EXEMPTIONS:
3.1 NATIONAL CITIZENS AND FOREIGN CITIZENS WITH LEGAL RESIDENCE IN
NATIONAL TERRITORY , AND THEIR FAMILY MEMBERS, AS WELL AS DIPLOMATIC
PERSONNEL PLACED IN PORTUGAL, WHO ARE PASSENGERS ON FLIGHTS REFERRED
TO IN PARAGRAPH ONE, AND WHO, EXCEPTIONALLY, DO NOT HAVE PROOF OF
LABORATORY TEST TO DETECT INFECTION BY SARS-COV-2 WITH NEGATIVE
RESULT, ARE FORWARDED BY THE COMPETENT AUTHORITIES, AT ARRIVAL IN
NATIONAL TERRITORY, TO CARRY OUT THE TEST AT THEIR OWN EXPENSES, IN
A LOCATION INSIDE THE AIRPORT IN SERVICE PROVIDED BY ANA -
AEROPORTOS DE PORTUGAL, S. A., THROUGH QUALIFIED HEALTH
PROFESSIONALS.
3.2 STATE AND ARMED FORCES AIRCRAFT FLIGHTS FOR THE EXCLUSIVE
TRANSPORTATION OF CARGO AND MAIL, MEDICAL EMERGENCY AND TECHNICAL
STOPOVERS FOR NON-COMMERCIAL PURPOSES.
FROM: 21 Dec 2020 07:31 GMT (07:31 WET) TO: 31 Dec 2020 23:59 GMT (23:59 WET)
EXPIRED: 22 Dec 2020 01:05 GMT (01:05 WET)
A4126/20: Aircraft entry requirements : miscellaneous plain language
Q) LPXX/QOEXX/IV/NBO/E/000/999/3100N02417W999
COVID-19: PASSENGER RESTRICTIONS
1. IN ACCORDANCE WITH PORTUGUESE GOVERNMENT INSTRUCTIONS AIMING TO
IMPROVE APPROPRIATE INFECTION PREVENTION AND SPREAD MITIGATION,
PASSENGERS IN FLIGHTS FROM THE UNITED KINGDOM, WILL BE ALLOWED TO
ENTRY INTO NATIONAL TERRITORY ONLY IF THEY ARE NATIONAL CITIZENS OR
HOLDERS OF RESIDENCE PERMITS IN PORTUGAL AND THEIR FAMILIES, AS WELL
AS DIPLOMATIC PERSONNEL PLACED IN PORTUGAL.
2. THEY SHALL HOLD A NEGATIVE COVID-19 RT-PCR TEST, DONE WITHIN 72
HOURS BEFORE DEPARTURE.
3. EXEMPTIONS:
3.1 TRANSIT PASSENGERS WHO DO NOT HAVE TO ABANDON AIRPORT FACILITIES.
3.2 NATIONAL CITIZENS AND FOREIGN CITIZENS WITH LEGAL RESIDENCE IN
NATIONAL TERRITORY , AND THEIR FAMILY MEMBERS, AS WELL AS DIPLOMATIC
PERSONNEL PLACED IN PORTUGAL, WHO ARE PASSENGERS ON FLIGHTS REFERRED
TO IN PARAGRAPH ONE, AND WHO, EXCEPTIONALLY, DO NOT HAVE PROOF OF
LABORATORY TEST TO DETECT INFECTION BY SARS-COV-2 WITH NEGATIVE
RESULT, ARE FORWARDED BY THE COMPETENT AUTHORITIES, AT ARRIVAL IN
NATIONAL TERRITORY, TO CARRY OUT THE TEST AT THEIR OWN EXPENSES, IN
A LOCATION INSIDE THE AIRPORT IN SERVICE PROVIDED BY ANA -
AEROPORTOS DE PORTUGAL, S. A., THROUGH QUALIFIED HEALTH
PROFESSIONALS.
3.3 STATE AND ARMED FORCES AIRCRAFT FLIGHTS FOR THE EXCLUSIVE
TRANSPORTATION OF CARGO AND MAIL, MEDICAL EMERGENCY AND TECHNICAL
STOPOVERS FOR NON-COMMERCIAL PURPOSES.
FROM: 21 Dec 2020 18:57 GMT (18:57 WET) TO: 23 Dec 2020 23:59 GMT (23:59 WET)
EXPIRED: 24 Dec 2020 01:05 GMT (01:05 WET)
--
If you want to confirm them or screenshot them yourself from the site, go to the expired notams link (after creating account), select Portugal, select 21 Dec 2020, select Display Map. Click on the letter B out in the ocean, to the left of the big blue circle. They're listed in there.
Here are the relevant NOTAMs. Hope it helps!
I see that the first NOTAM was not published until 0731 UTC. If the flight was scheduled to leave at 0735 UTC then unfortunately it seems that BA have a valid argument from that angle, although imo if the national news said from midnight that UK nationals would be prohibited entry to Portugal, I would say that BA failed in their duties but IANAL. Another angle is that someone in dispatch/flight ops at BA would (should) have seen that NOTAM while the flight was enroute so could have turned it back, but what do you do if there are also Portuguese nationals onboard who have no such entry restrictions?
A4117/20: Aircraft entry requirements : miscellaneous plain language
Q) LPXX/QOEXX/IV/NBO/E/000/999/3100N02417W999
COVID-19: PASSENGER RESTRICTIONS
1. IN ACCORDANCE WITH PORTUGUESE GOVERNMENT INSTRUCTIONS AIMING TO
IMPROVE APPROPRIATE INFECTION PREVENTION AND SPREAD MITIGATION,
PASSENGERS IN FLIGHTS FROM THE UNITED KINGDOM, WILL BE ALLOWED TO
ENTRY INTO NATIONAL TERRITORY ONLY IF THEY ARE NATIONAL CITIZENS OR
HOLDERS OF RESIDENCE PERMITS IN PORTUGAL AND THEIR FAMILIES, AS WELL
AS DIPLOMATIC PERSONNEL PLACED IN PORTUGAL.
2. THEY SHALL HOLD A NEGATIVE COVID-19 RT-PCR TEST, DONE WITHIN 72
HOURS BEFORE DEPARTURE.
3. EXEMPTIONS:
3.1 NATIONAL CITIZENS AND FOREIGN CITIZENS WITH LEGAL RESIDENCE IN
NATIONAL TERRITORY , AND THEIR FAMILY MEMBERS, AS WELL AS DIPLOMATIC
PERSONNEL PLACED IN PORTUGAL, WHO ARE PASSENGERS ON FLIGHTS REFERRED
TO IN PARAGRAPH ONE, AND WHO, EXCEPTIONALLY, DO NOT HAVE PROOF OF
LABORATORY TEST TO DETECT INFECTION BY SARS-COV-2 WITH NEGATIVE
RESULT, ARE FORWARDED BY THE COMPETENT AUTHORITIES, AT ARRIVAL IN
NATIONAL TERRITORY, TO CARRY OUT THE TEST AT THEIR OWN EXPENSES, IN
A LOCATION INSIDE THE AIRPORT IN SERVICE PROVIDED BY ANA -
AEROPORTOS DE PORTUGAL, S. A., THROUGH QUALIFIED HEALTH
PROFESSIONALS.
3.2 STATE AND ARMED FORCES AIRCRAFT FLIGHTS FOR THE EXCLUSIVE
TRANSPORTATION OF CARGO AND MAIL, MEDICAL EMERGENCY AND TECHNICAL
STOPOVERS FOR NON-COMMERCIAL PURPOSES.
FROM: 21 Dec 2020 07:31 GMT (07:31 WET) TO: 31 Dec 2020 23:59 GMT (23:59 WET)
EXPIRED: 22 Dec 2020 01:05 GMT (01:05 WET)
A4126/20: Aircraft entry requirements : miscellaneous plain language
Q) LPXX/QOEXX/IV/NBO/E/000/999/3100N02417W999
COVID-19: PASSENGER RESTRICTIONS
1. IN ACCORDANCE WITH PORTUGUESE GOVERNMENT INSTRUCTIONS AIMING TO
IMPROVE APPROPRIATE INFECTION PREVENTION AND SPREAD MITIGATION,
PASSENGERS IN FLIGHTS FROM THE UNITED KINGDOM, WILL BE ALLOWED TO
ENTRY INTO NATIONAL TERRITORY ONLY IF THEY ARE NATIONAL CITIZENS OR
HOLDERS OF RESIDENCE PERMITS IN PORTUGAL AND THEIR FAMILIES, AS WELL
AS DIPLOMATIC PERSONNEL PLACED IN PORTUGAL.
2. THEY SHALL HOLD A NEGATIVE COVID-19 RT-PCR TEST, DONE WITHIN 72
HOURS BEFORE DEPARTURE.
3. EXEMPTIONS:
3.1 TRANSIT PASSENGERS WHO DO NOT HAVE TO ABANDON AIRPORT FACILITIES.
3.2 NATIONAL CITIZENS AND FOREIGN CITIZENS WITH LEGAL RESIDENCE IN
NATIONAL TERRITORY , AND THEIR FAMILY MEMBERS, AS WELL AS DIPLOMATIC
PERSONNEL PLACED IN PORTUGAL, WHO ARE PASSENGERS ON FLIGHTS REFERRED
TO IN PARAGRAPH ONE, AND WHO, EXCEPTIONALLY, DO NOT HAVE PROOF OF
LABORATORY TEST TO DETECT INFECTION BY SARS-COV-2 WITH NEGATIVE
RESULT, ARE FORWARDED BY THE COMPETENT AUTHORITIES, AT ARRIVAL IN
NATIONAL TERRITORY, TO CARRY OUT THE TEST AT THEIR OWN EXPENSES, IN
A LOCATION INSIDE THE AIRPORT IN SERVICE PROVIDED BY ANA -
AEROPORTOS DE PORTUGAL, S. A., THROUGH QUALIFIED HEALTH
PROFESSIONALS.
3.3 STATE AND ARMED FORCES AIRCRAFT FLIGHTS FOR THE EXCLUSIVE
TRANSPORTATION OF CARGO AND MAIL, MEDICAL EMERGENCY AND TECHNICAL
STOPOVERS FOR NON-COMMERCIAL PURPOSES.
FROM: 21 Dec 2020 18:57 GMT (18:57 WET) TO: 23 Dec 2020 23:59 GMT (23:59 WET)
EXPIRED: 24 Dec 2020 01:05 GMT (01:05 WET)
--
If you want to confirm them or screenshot them yourself from the site, go to the expired notams link (after creating account), select Portugal, select 21 Dec 2020, select Display Map. Click on the letter B out in the ocean, to the left of the big blue circle. They're listed in there.
Edited by Lemming Train on Wednesday 13th January 04:02
AFAIK there isn't any validation of the B) and C) line components of a NOTAM (the start and end timestamps), and also there may be a delay in promulgation of the NOTAM from the source to whatever system BA was referencing, so feasible that the NOTAM wasn't visible until well after the stated start time.
I'm guessing that BA has a system for notifying enroute aircraft of relevant NOTAMs - and the one above allows transiting passengers to disembark and Portugese nationals to have a test at the airport. Out of interest, would the decision to continue be with the Captain, or would BA Operations have advised? I'm guessing that they know the passenger mix; transiting, Portugese nationals and holidaymakers and someone took a decision.
I know that the last flight from BHX to DUS on that night was met on the tarmac by German police and all non-nationals were shepherded into a facility where they were given mandated Covid tests. Only a negative result allowed passengers to leave the airport - I don't know what would have happened to anyone testing positive.
I know that the last flight from BHX to DUS on that night was met on the tarmac by German police and all non-nationals were shepherded into a facility where they were given mandated Covid tests. Only a negative result allowed passengers to leave the airport - I don't know what would have happened to anyone testing positive.
Julietbravo said:
I know that the last flight from BHX to DUS on that night was met on the tarmac by German police and all non-nationals were shepherded into a facility where they were given mandated Covid tests. Only a negative result allowed passengers to leave the airport - I don't know what would have happened to anyone testing positive.
Which frankly is how it should be at present.Thank you everyone for all of this. I have passed it down the line. I will let you know if he makes any progress.
On a related note, it is a little odd that the NOTAM was not transmitted until well after midnight when the new restrictions went into effect. I don't know if any other flights had left the UK for Portugual before the Madeira flight, but if so, how would that have stacked up? A bit odd....
On a related note, it is a little odd that the NOTAM was not transmitted until well after midnight when the new restrictions went into effect. I don't know if any other flights had left the UK for Portugual before the Madeira flight, but if so, how would that have stacked up? A bit odd....
Edited by Yacht Broker on Wednesday 13th January 13:17
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