DoT gives airlines $175,000 reminder ahead of Thanksgiving

Three airlines just scored a first with the U.S. government: they were fined for leaving passengers in the lurch. Continental Airlines, ExpressJet (a Continental affiliate) and Mesaba (part of Delta) racked up a total punishment of $175,000 when their combined efforts left fliers on a plane in Minnesota for six hours.

Continental and ExpressJet were slapped with a fine of $100,000, while Mesaba was nailed for $75,000, according to the Department of Transportation.

With the busiest travel day of the year right around the corner, the timing couldn’t have been better. Airlines that let their guards down could face stiff fines. And, let’s face it: these airlines can’t afford peanuts, let alone five- and six-figure fines.

On August 8, 2009, 47 passengers were stuck on a Continental Express plane, which was diverted to Rochester, Minnesota (the original plan was Houston to Minneapolis), where they were forced to spend the night. ExpressJet operated the flight, while Mesaba, the only airline working the airport, refused to let passengers leave the plane.

Congress to end long flight delays

The business travel community is siding with Congress on a new law that would address flight delays on the tarmac. The Business Travel Coalition, which represents the travel departments of 300 companies, is announcing today that it supports a new law that would give passengers some elbow room when a plane’s stuck on the ground.

If a plane is delayed for three hours or more on the tarmac, according to the bill, airlines would have to let the passengers get off the planes. This would provide welcome relief in among the gloomiest of travel situations. And, it could work to the airlines’ favor – though they wouldn’t admit it – as it would prevent negative public relations situations due to poor judgment. There have been enough delays to warrant at least the introduction of a bill, so there’s obviously a problem.

The Business Travel Coalition made the decision after surveying 649 corporate travel departments, travel agents and business travelers. More than 90 percent of the corporate travel departments and approximately 80 percent of travel agents and business travelers support the proposed rule. The National Business Traveler Association and American Society of Travel Agents have both come out in favor of the bill.

Since January 2007, USA Today reports that in excess of 200,000 passengers have been stranded on more than 3,000 planes for at least three hours after pushing back from or while waiting to approach a gate. There were 278 flights in this situation in June 2009 alone. While this is still a small portion of total passenger traffic, 200,000 people is a statistic that’s hard to ignore.

The issue of long tarmac delays was triggered recently by a Continental Express fight that was stuck on the ground in Rochester, Minnesota. The Senate has approved a version of the bill with the three-hour rule, while the House of Representatives has passed a less specific version, requiring that airlines submit a plan to the Department of Transportation for letting passengers off in the case of a long delay.

The Air Transportation Association is against the bill, though it calls long delays “unacceptable” (not exactly a hard position to take). The vice president of the ATA, David Castelveter, claims that airlines have contingency plans to deal with these situations and can handle the situations themselves.

According to USA Today, he says, “We continue to believe that a hard-and-fast mandatory rule for deplaning passengers will have substantial unintended consequences, leading to even more inconvenience for passengers and, ultimately, more flight cancellations.” He also explains that airlines have spent more money and invested in new technology to improve the service they provide.

Of course, we see how well that’s worked over the past three years for enough people to comprise a small city. I’m not a big fan of Congressional involvement, but it’s clear the airlines can’t handle this one on their own: they’ve proved it too often.

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Rochester tarmac delay: “lack of common sense”

“There was a complete lack of common sense here,” U.S. Secretary of Transportation Ray LaHood said in a statement released yesterday. “It’s no wonder the flying public is so angry and frustrated.”

When 47 passengers were stranded overnight on the tarmac in Rochester, Minnesota, the pilot repeatedly asked for permission to deplane them. All the pilot wanted was to get the passengers off the plane.

Airline dispatchers refused, because TSA officials had left for the day … and not realizing that the passengers could be released to a “sterile” area. Passengers on the ExpressJet flight (which it operated for Continental) were stuck in the plane for close to six hours with nothing to eat but pretzels.

The pilot clearly advocated for his passengers and deserves the endless respect of anyone who’s been stuck on a plane. LaHood recognizes this fact, saying, “We have determined that the Express Jet crew was not at fault. In fact, the flight crew repeatedly tried to get permission to deplane the passengers at the airport or obtain a bus for them,” Secretary LaHood said.

LaHood continues, “The local representative of Mesaba Airlines improperly refused the requests of the captain to let her passengers off the plane. The representative incorrectly said that the airport was closed to passengers for security reasons, which led to this nightmare for those stuck on the plane.”

The representative of Mesaba, which is a wholly owned subsidiary of Delta Airlines and was the only airline on hand to assist Continental at the airport, told the pilot that the airport was closed and that there was nobody from the TSA to screen the passengers. This was incorrect, as passengers can be released as long as they remain in what the Transportation Department calls a “sterile area.”

Interviews with the passengers, flight crew and airport personnel have been conducted by the Transportation Department’s Aviation Enforcement Office, and the team has reviewed the audio recordings of conversations between the plane and the dispatcher. And, Continental’s customer service commitment, contingency plan for flight delays and contract of carriage were reviewed, making this, according to LaHood, “one of the most thorough investigations ever conducted by the Department’s Aviation Enforcement Office.”

Pending the results of the investigation, the Aviation Enforcement Office is considering the appropriate action to take against Mesaba. The group expects the investigation to e finished in a few weeks.

The Transportation Department has proposed regulations requiring contingency plans for airlines to adopt to address lengthy delays on the tarmac. These plans would then be incorporated into their contracts of carriage. The department has also asked for comment on whether it should set a single time standard after which carriers would be required to allow passengers to deplane. The Transportation Department intends to use the results of the Rochester investigation to help formulate a final rule that will provide airline passengers with better protection.

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