Tulsa World: DOT levies fines in stranding case

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DOT levies fines in stranding case
A trade group hopes this will avert passengers' bill of rights legislation.

Continental Express planes sit at gates at Newark Liberty International Airport. The airline was fined because it made passengers remain grounded at another airport for nearly six hours without services. Daniel Acker / Bloomberg News file

By D.R. STEWART World Staff Writer
Published: 11/25/2009 2:26 AM
Last Modified: 11/25/2009 8:35 AM

After two years of increasing criticism of airlines for stranding passengers aboard tarmac-delayed aircraft, the federal government has assessed $175,000 in fines to three airlines for stranding 47 passengers at a Minnesota airport last August.

DOT levied civil penalties of $100,000 against Continental Airlines and ExpressJet Airlines for their roles in causing the passengers on board Continental Express Flight 2816 to remain on the aircraft at Rochester International Airport for nearly six hours without services on Aug. 8. The agency also assessed a civil penalty of $75,000 against Mesaba Airlines, which provided baggage and ground services for the flight, for its part in the stranding of passengers.

U.S. Transportation Secretary Ray LaHood said the enforcement actions involve consent orders reflecting a settlement by the carriers of violations alleged by DOT's Aviation Enforcement Office.

"I hope that this sends a signal to the rest of the airline industry that we expect airlines to respect the rights of air travelers," LaHood said. "We will also use what we have learned from this investigation to strengthen protections for airline passengers subjected to long tarmac delays."

DOT's investigation found that all three carriers violated the law that prohibits unfair and deceptive practices in air transportation for their respective roles in the incident. The incident involved a Continental Express flight from Houston to Minneapolis-St. Paul International Airport operated by ExpressJet that was diverted to Rochester due to bad weather in Minneapolis.

The aircraft reached Rochester about 12:30 a.m. and the passengers were stranded aboard the aircraft until about 6:15 a.m., when they were allowed off the aircraft and into the terminal.

Shortly after the flight arrived in Rochester, the ExpressJet captain asked Mesaba employees handling the flight whether passengers could deplane into the terminal, the DOT found.

In response to the first and subsequent inquiries, the captain was told passengers could not enter the terminal because there were no Transportation Security Administration screeners on duty at that hour, despite the fact TSA rules would have permitted the passengers to enter the airport as long as they remained in a sterile area.

The fines, the first ever assessed by the DOT against airlines for extended tarmac delays, prompted a renewed call by two U.S. senators for passage of an Airline Passenger Bill of Rights. The bill is sponsored by Sen. Barbara Boxer, D-Calif., and Sen. Olympia Snowe, R-Maine.

"I am pleased that the Department of Transportation is sending a message to airlines that they need to protect passengers rights," Boxer said. "But we must do more. The incident clearly shows that airline passengers need a bill of rights now."

The proposed Boxer-Snowe Airline Passenger Bill of Rights would require airlines to provide passengers with food, potable water, comfortable cabin temperature and ventilation, and adequate restrooms while a plane is delayed on the ground. It also would require airlines to offer passengers the option of safely deplaning once they have sat on the ground for three hours after the plane door has closed.

Kevin Mitchell, chairman of the Business Travel Coalition, praised LaHood's action while emphasizing the need for airline industry reform to avoid passage of passenger rights legislation.

"We are heartened that DOT will include lessons-learned in its investigation to strengthen fliers' rights in its final rule," Mitchell said. "Hopefully, this will be the catalyst the airlines need to finally move to address this festering problem."

D.R. Stewart 581-8451
don.stewart@tulsaworld.com By D.R. STEWART World Staff Writer

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	Report Comment DaveMoore1, North Charleston (11/25/2009 8:12:58 AM) Flyers rights advocate "Kate Hanni" and her efforts to aid all who fly are evident here. Her constructive work has been a continual process with the California U.S. Senatorial Democrat, Ms. Barbara Boxer and other members of the Obama administration. Thanks Kate
	Report Comment CrippledShark, San Antonio (11/25/2009 10:25:25 AM) From a Republican's view point - THANK YOU. It's about dang time we got treated fairly. Happy Turkey Day, CS
	Report Comment dork74, Broken Arrow (11/25/2009 3:03:43 PM) Air travel has gotten so bad that I will only fly if I have to go somewhere that will end up being longer than a 10-12 hour drive. I hated the airlines before Sept 11, and now it's even worse with the added security measures and all of the rules and extra fees. I'm hoping that we get more trains in this area soon.
	Report Comment FS, Broken Arrow (11/29/2009 9:22:31 AM) This is all that much more reason to pass a passenger's bill of rights. The fines referenced go to the DOT - not a penny to those stuck on the airplanes. Airlines must be forced to treat passengers as human beings - this incident is proof positive. It would be nice if someone from TSA or whoever gave that answer to the pilot would hang over this also.
	Report Comment Elusive, Owasso (12/1/2009 2:36:14 AM) They should give the fines to the stranded passengers.
	Report Comment Elusive, Owasso (12/1/2009 2:36:43 AM) What I meant was the money they collect from the airlines given to the stranded passengers.
	Report Comment FS, Broken Arrow (12/1/2009 11:04:53 AM) Elusive, Owasso (12/1/2009 2:36:43 AM) What I meant was the money they collect from the airlines given to the stranded passengers. . . . I agree, but - that's how these federal agencies funds themselve - by the fines they levy. 2009 was a pretty good year for the FAA also.
	Report Comment Elusive, the burbs (12/2/2009 12:21:02 AM) Ahh, I see.

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