Feds Set Precedent, Enforce Airline Passenger Rights
November 30, 2009
The U.S. Department of Transportation (DOT) last week levied a $100,000 civil penalty against Continental Airlines and ExpressJet Airlines for their roles in causing passengers to remain onboard an aircraft at Minnesota's Rochester International Airport for an "unreasonable period of time" in August, setting a historic precedent for airline passenger rights.
The incident occurred on Aug. 8, when Continental Express flight 2816—en route from Houston to Minneapolis/St. Paul—was forced to land in Rochester, Minn., due to bad weather in Minneapolis. Although the flight landed in Rochester at 12:30 a.m., passengers were kept on board until 6:15 a.m., when they were finally deplaned into the terminal. The reason, according to DOT, is that the pilot was told passengers could not enter the terminal because there were no Transportation Security Administration (TSA) screeners on duty at that hour, despite the fact that TSA rules would have allowed the passengers to enter the airport as long as they remained in a sterile area.
Following a three-month investigation into the episode, DOT's Aviation Enforcement Office concluded that Continental and ExpressJet, as well as Mesaba Airlines—which was penalized $75,000 for providing ground handling for the flight—violated a law that prohibits unfair and deceptive practices in air transportation.
"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," U.S. Transportation Secretary Ray LaHood said in a statement. "We will also use what we have learned from this investigation to strengthen protections for airline passengers subjected to long tarmac delays."
In November 2008, DOT proposed a rule to enhance airline passenger protections, including a provision that would require airlines to adopt contingency plans for lengthy tarmac delays. A final rule is expected by the end of 2009.
So far, the travel industry has praised the DOT penalties. "We are pleased to see the United States government taking a stand against incidents that put the health of travelers at risk," said Michael W. McCormick, executive director and COO of the National Business Travel Association (NBTA). "These precedent-setting enforcement actions aim to punish airlines for extended tarmac delays and serve as a reminder to the aviation community that passengers' rights must be respected."
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