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DOT fines airlines for overnight stranding of passengers

November 24, 2009

The Transportation Department on Tuesday levied $175,000 in civil penalties against Continental Airlines, ExpressJet and Mesaba Airlines for their roles in the Aug. 8 overnight tarmac delay of a Continental Express flight in Rochester, Minn.

The fines are the first DOT penalties against airlines for extended tarmac delays.

Although they acknowledged no wrongdoing, Continental and ExpressJet (operator of the Continental Express flight) agreed to a penalty of $50,000 each.

Half of the amount is scheduled to be paid within a month, with the remainder set aside to establish or strengthen rules, policies and operations to prevent this kind of delay again.

According to the consent order, ExpressJet maintained it had tried to prevent a tarmac delay but was denied gate access by Mesaba, the gate operator at Rochester Airport.

Mesaba acknowledged no wrongdoing but agreed to a $75,000 penalty, half to be paid within a month and the remainder to be used to implement policies or training to prevent another similar incident.

Mesaba said ExpressJet’s desire to get the passengers off the plane was "ambiguous" throughout the evening, according to the consent order. ExpressJet officials, Mesaba maintained, seemed more interested in continuing the flight.

Still, the DOT said that Mesaba’s continued incorrect contention throughout the night – that the ExpressJet passengers could not get off the plane and enter the terminal because no Transportation Security Agency representatives were there – was a "significant cause of the 47 passengers remaining onboard."

"Misinformation provided by the Mesaba station agent demonstrated an indifference to the passengers and amounted to an unfair and deceptive practice," the DOT said.

The DOT said ExpressJet engaged in an unfair and deceptive practice when it failed to alert higher-ranking airline officials about the delay, as they were supposed to according to airline’s policy. The DOT also said ExpressJet added to the delay by trying to complete the flight.

Although Continental did not operate the delayed flight, the DOT said Continental was ultimately responsible for passengers on flights that it markets.

Continental argued that it has tarmac delay policies in place and that partners such as ExpressJet agree to follow them. Continental also said that its customer-service commitments – which spell out those policies to passengers – are voluntary and not subject to the DOT's enforcement authority.

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#10November 30, 2009
Hey, it's a start. With this as a precedent, other airports and airlines will be more careful in the future.
#9November 25, 2009
How can this be an effective fine when the violators get to keep half of it? And what did the inconvenienced passengers get out of this deal?
#8November 25, 2009
These airlines should be forced to pay this amount in compensation to each of the 47 passengers. In any other country they would have cracked open the emergency exits and left the aircraft but in the States they'd probably have ended up in jail for doing so. Of course in any other country this would not have happened, the airline would have deplaned them.
#7November 25, 2009
The 47 passengers should each get a share of the fine. they are the ones who had to endure sitting on the tar-mac so if it was 47 passengers, they should get a check for $1867 each as compensation and the other half of the money should go to preventing these types of issues in the future.
#6November 25, 2009
The monies collected should be given to THE PASSENGERS and not kept by the Government. Pass the air passenger Bill of Rights and CUT DOWN the permitted time passengers are trapped in a cabin to 75 minutes maximum!
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