Aviation Enforcement Office sets precedent with Flight 2816 tarmac-delay fines

Today, DOT issued the first-ever enforcement orders against an airline for stranding passengers for an unreasonable amount of time.

I hope this sends a signal to the rest of the airline industry that we expect airlines to respect the rights of air travelers.

The Aviation Enforcement Office (AEO) fined Continental Airlines and ExpressJet Airlines $100,000 for their roles in keeping passengers on board Continental Express flight 2816 overnight at Rochester International Airport on August 8, 2009.  Continental will also provide a full refund to each passenger and also offer passengers additional compensation to materially acknowledge their discomfort. 

We also fined Mesaba Airlines $75,000. Mesaba provided ground handling for the flight.

Look, this is just no way to treat passengers, customers, or anyone. You can't strand people overnight without access to the basics. It's not right; it's against the rules; and I am proud of the Department's Aviation Enforcement Office for its investigation into the complaints of these travelers and for its responsiveness.

And I know we will use what we have learned from this investigation to strengthen protections for airline passengers subjected to long tarmac delays down the line.

Comments

[TexasBrian]

While I definitely agree with and applaud your efforts to protect the passenger, I think at least one target here is misdirected. The ExpressJet pilot was told by the Mesaba ground crew that they were not allowed to deplane the passengers. So your ruling thereby sends a message to ExpressJet and Continental to ignore orders from the ground or face a fine...? The blame for this lies squarely on Mesaba/Delta for, in effect, lying to the in-flight crew who did what they were told. I commend you for taking a stand for passengers, but I think in your zeal, you may have hit the wrong airline and sent a bad message with long-lasting unintended repercussions.

[Michael E. Bailey]

This is a great ruling for all air passengers. I think it will, at least, lead to improved communications between ground crews and air crews in the future and that is important. Passengers will be treated much better in the future when these situations come up. Best wishes, Michael E. Bailey.

[Kent]

TexasBrian apparently believes the Mesaba agent intentionally gave the ExpressJet crew wrong information (a definitional requirement for it to be a "lie"). There was no evidence that this was the case.

Mesaba agreed to settle without admitting to a violation of to avoid the burden and expense of litigation. Personally, I agree with Mesaba that DoT's application of 49 U.S.C. 41712 was inappropriate and could very well have been overturned on appeal.

[Matt Gorden]

Rochester, Mn should never have been used as an non-emergency backup airport when Des Moines airport was 20 min. (approx. airtime) south and was staffed by their own employees/agents and gates. Why didn't the Captain/Continental Express Dispatcher declare an emergency with RST FAA ground controllers? The airport police/fire could of helped get passengers deplaned. Since when does a $6.00/hr baggage handler/rampie/gate agent tell an Airline what to do? To blame another airline for your mistakes is not a excuse.

[Albert]

I have also complained to the Department Aviation Enforcement Office and I am very proud of the fact that it has finally started the investigation into the complaints of travelers for its irresponsible acts and mistreating of customers like myself.

[Flight Simulator Yoke]

I can understand both sides of the story. Your right in saying its not fair for the people on board who have paid good money. I would hate it if it happened to me. At the same time the crew were only following out orders they were given. They have to follow that as a rule so they are not to blame here either.

[j. Albornoz]

I applaud your decision to fine both companies.

I cannot conceive that the companies feel that passengers were treated properly.

You made my day, Sir.

J. Albornoz

[Roman]

Hope this is going to be a signal to other companies to respect their costumers time. They need to respect our time and understand our needs and meet them. Once I had to spend 5 ours in the plane while my colleagues were waiting for me in the office to start a meeting. Sure they understood my apologies but anyway I didn't accept the apologies from airlines.
I applaud to this decision standing

[Alex (Handy Backup team)]

I once sent a complaint to the Department Aviation Enforcement Office, after being late for (don't laugh at me) my own wedding. It's good that now we have all these irresponsible acts and incidents with mistreated travelers investigated, and I can feel the level of respect to me, as a customer, and my time, growing.
PS. The idea to fine both companies is adorable!

[Jack]

The great thing about this excellent and correct decision is that it would have sent ripples through the industry, making all airlines aware that this kind of behavior won't go un-punished. This can only be good news for end users like me and my family. Great stuff!

[Samantha]

The aviation industry has had it tough of late but nevertheless, this is unacceptable behavior and it is 100% right that they and other airlines sit up and take notice of this ruling.

[Judy]

Unacceptable behavior on the part of the airline, correct decision - simple as that!

[HP Bryce]

The airlines pay the fines and then do it again a few months later. We need to either up the fine or start putting people in jail.

[Catering Services]

Excellent blog!! I think this is a great ruling for all the air passengers. Thanks for the great opportunities....

[Michael Max]

There are also fines associated with such behavior. According to http://klobuchar.senate.gov:

"These penalties send a strong message that airlines should not leave passengers stranded on a tarmac for hours on end," said Klobuchar. "In this case common sense flew out the window but unfortunately for the passengers the windows were shut. We need to put a national set of standards into law to prevent this from happening in the future. The next step is to bring the Passenger Bill of Rights to the floor of the United States Senate for a vote."

Where can we find the passenger bill of rights?