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DOT fines airlines for six-hour tarmac delay

The Department of Transportation issued a fine against Continental Airlines and Express Jet Airlines for stranding passengers in Rochester, Minn., for nearly six hours last August.
/ Source: news services

The Department of Transportation issued a fine against Continental Airlines and ExpressJet Airlines for stranding passengers in Rochester, Minn., for nearly six hours last August. It is the DOT's first-ever fine for an airport stranding.

The agency “levied a total civil penalty of $100,000” against the carriers for their roles in the Aug. 8 incident, according to a press release. DOT also penalized Mesaba Airlines $75,000 for the way it handled ground operations.

An investigation by the Aviation Enforcement Office found the three carriers violated laws that prohibit unfair and deceptive practices in air transportation, DOT's statement said.

“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,” said Transportation Secretary Ray LaHood. “We will also use what we have learned from this investigation to strengthen protections for airline passengers subjected to long tarmac delays.”

“This is a clear wake-up call for the industry,” said George Hobica, creator of “The fine is big enough to send a message, but airlines alone cannot be held responsible for tarmac delays. Airports must develop plans to accommodate passengers stranded on tarmacs, and that includes planes that are rerouted, as was the case in this mishap.”

Hobica said airports need to work with security and airport employees, provide transportation options to get travelers into the terminal and designate emergency gates where passengers can deplane.

“Passengers cannot simply jump out the plane's emergency slides and walk to an empty terminal,” he said. “So in some respects, the DOT's action in this case, although well-intentioned, seems a bit unfair. The airline industry is already overtaxed, both literally and figuratively, and this will only add more financial burdens.”

Six hours on the runway
Continental Express Flight 2816 was en route from Houston to Minneapolis carrying 47 passengers when thunderstorms forced it to divert to Rochester, where it landed about 12:30 a.m. The airport was closed and Mesaba Airlines employees — the only airline employees at the airport at the time — refused to open the terminal for the stranded passengers.

Continental Airlines, Inc., and its regional airline partner ExpressJet Airlines, Inc., which operated the flight for Continental, were each fined $50,000. ExpressJet spokeswoman Kristy Nicholas said the airline can avoid paying half the fines if it spends the same amount of money on additional training for their employees on how to handle extended tarmac delays.

The passengers of Flight 2816 were kept waiting nearly six hours inside the cramped regional airliner amid wailing babies and a smelly toilet even though they were only 50 yards from a terminal. The captain of the flight repeatedly pleaded to allow the passengers to deplane and enter the terminal.

In the morning they were allowed to disembark. They spent about two and a half hours inside the terminal before reboarding the same plane to complete their trip to Minneapolis.

Passenger Link Christin praised the department's action.

“A conclusion that there was some wrongdoing or negligence is more important to me than the amount of the fine,” said Christin, a lecturer at William Mitchell College of Law in St. Paul, Minn.

The fines send a message not only to airlines, but to the wider business community “that there's a new sheriff in town and they'd better treat their customers reasonably and responsibly,” said Dan Petree, business school dean at Embry-Riddle Aeronautical University in Daytona Beach, Fla.

John Spanjers, president of Mesaba, said the airline “continues to feel it operated in good faith.”

“However, customer service is paramount, and we are re-evaluating our policies and procedures for the courtesy handling of other airlines' flights to do our part to mitigate this type of delay,” Spanjers said.

Continental pointedly noted in a statement that its fines were less than those imposed on rival Delta's subsidiary.

Besides the fine, Continental also provided a full refund to each passenger and "offered each passenger additional compensation to tangibly acknowledge their time and discomfort," the department said.

Passenger bill of rights The department's actions comes as Congress weighs passengers' rights legislation that would place a three-hour cap on how long airlines can keep passengers waiting on tarmacs before they have to offer them the opportunity to deplane or return to a gate. The measure would give a flight's captain the authority to extend the wait an additional half hour if it appears that clearance to takeoff is near.

The measure is opposed by the Air Transport Association, which represents major airlines. Industry officials say a three-hour limit could create more problems than it alleviates by increasing the number of flights that are canceled and leaving passengers stuck at airports trying to make new travel arrangements.

Sens. Barbara Boxer, D-Calif., and Olympia Snowe, R-Maine, co-authors of the passengers' rights bill, said in a joint statement that they were pleased by the department's action, but legislation is still necessary to put in place standards for airlines' treatment of their customers and to hold airlines accountable for meeting those standards. Besides the three-hour cap, the bill would require airlines to provide food, potable water, comfortable cabin temperature and ventilation, and adequate restrooms to passengers during extended delays.

Kevin Mitchell, chairman of the Business Travel Coalition, a consumer group representing business travelers, said he hopes the fines will serve as a catalyst to force the airline industry to address concerns about the treatment of passengers during extended tarmac delays after years of lobbying to ward off legislation.

In November 2008, DOT proposed regulations to bolster rights and protections for travelers. The agency is expected to rule on the protections by the end of the year.