Preliminary investigation: ExpressJet crew not at fault in extended tarmac delay

The DOT has concluded the preliminary phase of our investigation into the August 8 tarmac delay by Continental Airlines on a flight operated by ExpressJet Airlines. As you may recall, passengers were stuck in a plane on the ground in Rochester, Minnesota for almost six hours. We have determined that the ExpressJet crew was not at fault.

In fact, the flight crew repeatedly tried to get permission to deplane the passengers at the airport or on a bus.

Now, like many of you, I was outraged when I heard about this incident. And, like many of you, I've read a lot of conflicting stories about what happened that night--and I can appreciate any confusion readers may have. So, here is what our investigation found.

• The local representative of Mesaba Airlines--the only carrier in a position to help the stranded plane--improperly refused the requests of the ExpressJet captain to let her passengers off the plane, telling the captain that the airport was closed to passengers for security reasons.

This is what led to the nightmare for those stuck on the plane.

The Mesaba rep said this apparently because there was no one from the Transportation Security Administration (TSA) available to screen passengers. But, in fact, TSA procedures allow passengers to get off the plane, enter the terminal and re-board without being screened again as long as they remain in a secure area.

• While the crew of the Continental Express flight did what they could to assist passengers, more senior personnel within Continental or ExpressJet should have become involved in an effort to obtain permission to take the passengers off the plane.

You know, learning more about the facts of this incident hasn't done a whole lot to temper my anger at the way those passengers were treated. I mean, there was really a complete lack of common sense here. It’s no wonder the flying public is so frustrated.

I will say that this is one of the most thorough investigations ever conducted by the DOT's Aviation Enforcement Office. Members of the Office interviewed passengers, the flight crew, airport personnel and others with knowledge of the situation. They also listened to audio recordings from the aircraft and the dispatcher. In addition, Continental’s customer service commitment, contingency plan for flight delays, and contract of carriage were reviewed.

The Aviation Enforcement Office is considering appropriate action to take against Mesaba as it completes the investigation, which it expects to conclude within a few weeks.

As I said in a previous blog post, DOT has proposed regulations requiring airlines to adopt contingency plans for lengthy tarmac delays and to incorporate these plans in their contract of carriage, and we have asked for comment on whether rulemaking should set a uniform standard of time after which carriers would be requires to allow passengers to deplane.

What has the flying public gained from this investigation? Our findings will be used to help formulate a final rule that will provide better protection for airline passengers. The bottom line is that commercial aviation is complicated by many factors--weather and security among them. But, that passengers should be treated with respect? That part is simple.

Comments

[Blogger Bob]

Great post! Thanks for the information on your investigation.

Blogger Bob
TSA Blog Team

[Bill]

The local representative of Mesaba Airlines should be fired. It is absolutely unacceptable that someone in that position be so ill informed and unaware of the logic involved in such a thing.

Actually, I'd like to see the local rep put in jail for awhile - perhaps one week per passenger. But realistically speaking, probably firing is the best that can be hoped for.

These airlines need to make sure they train people.

[Larry Hagemann]

This only points out that stupid people are in position of authority and control and need to be weeded-out. I would hope that a serious repreimand or dismissal was in order on this one. Somewhere up the food chain is a manager who recognizes the stupidity and takes responsibility for correcting things. This is not PhD work.

[John]

Mr. Secretary ...
How is it that a plane full of people is held hostage and no one is at fault?
How is it that your department has done nothing for years now as this has been allowed to continue?

If my business held people against their will for hours in unsanitary conditions without access to basic necessities and then threatened them with arrest if they resist, I'm going to jail.
How is it that the captain of the plane is faultless when he allowed the situation to continue for hours?

[SirWired]

Why was the captain not able to exercise his Pilot In Command authority and let the passengers off the plane and into the terminal? FAR 91.3 authorizes him to do this.

Also, could he not have gotten assistance from Ground Control at the airport, even if Mesaba was unwilling to assist?

[Will Wood]

It is amazing that this story has received so much press. While I can sympathyze with those folks it is an increasing problem. While a WMATA bus driver can be charged with kidnapping for not letting someone off the bus, airlines don't seem to be held accountable at all.

I have been stuck this year on the tarmac, multiple times, for as long as 4 hours only to be greated with excuses. The system needs to be changed and airlines, where applicable, need to be punished.

[Chris]

Really? That makes absolutely NO sense.

How could Mesaba been the ONLY organization able to help the patrons? Continental could have called Signature Flight Services since some of the private jets that they service are larger than the Embraer that ExpressJet was flying.

Finally, how did NORTHWEST secure a bus for its passengers and CO couldn't? CO waited almost 2 hours after the flight diverted to even attempt to secure a bus, if needed and even then, NW had to pull the Airbus to the gate to offload pax. Seems like XJT is going into CYA mode.

[Michael E. Bailey]

I hope the action on Mesaba Airlines will include a fine of some kind because that will really get their attention. Who ever it was at thfe airport that was the Mesaba representative should at least have a note put in their personnel file. And a better communications process needs to be set up between airlines to deal with situations like this one. Best wishes, Michael E. Bailey.

[Julia Schrenkler]

I work for Minnesota Public Radio and noticed our Bob Collins (online news *and* a pilot) worked up the pilot audio timeline with notes: http://bit.ly/1seir For someone like me - who doesn't know the ins and outs of the industry (i.e. carriers all have 24-hour operation centers that can communicate with each other) and perhaps internet commenters, who can't understand why the passengers were as patient as they were... it is interesting to hear the story unfold from the communications end. It is a new, wonderfully transparent world.

Meanwhile, it sounds like Mesaba Airlines CEO "respectfully disagrees" with the DOT's prelim findings.

I'm collecting information in front me, wondering about the resolution. How long will it take to fully unravel the story, and what will it take before passengers hear of the final ruling on a time limit standard?

[Zach]

i have an idea -- DO SOMETHING ABOUT THIS NOW!!! Dont just propose rules... IMPLEMENT THEM AND ENFORCE THEM. NOW.

[P. Jennings]

If I were held against my will in a small space for 7 hours, I would later be suing for having been kidnapped.

In what way does this NOT qualify as kidnapping?

[Mark Felix]

This is an out cry, there was no one from the Transportation Security Administration (TSA) available to screen passengers. But, in fact, TSA procedures allow passengers to get off the plane, enter the terminal and re-board without being screened again as long as they remain in a secure area.

[Airportessentials]

Surely someone should take the blame for such a fiasco, and a few lessons can be taken from this problem. Mark@ http://www.airportessentials.com

[Helen (Handy Backup)]

I travel much and this story horrifies me as I feel how humiliating the position of the passengers was. Thanks for paying attention to this matter!

[Cheap business class flights]

Absolutely not fair,I'm just thinking of the passengers situation,It's horrible.. I read out your previous blog also and i got a clear idea on it now,Keep updating!!