ExpressJet Airlines Flight 2816

ExpressJet Airlines Flight 2816

ExpressJet Embraer ERJ-145 similar to the involved aircraft
Occurrence
Date	8 August 2009 (2009-08-08)
Summary	Tarmac-stranding incident after diversion
Site	Rochester International Airport, Minnesota 43°54′30″N92°30′00″W / 43.90833°N 92.50000°W / 43.90833; -92.50000
Operator	ExpressJet Airlines dba Continental Express
Flight origin	Houston, Texas
Stopover	Rochester, Minnesota (diversion)
Destination	Minneapolis, Minnesota
Occupants	50
Passengers	47
Crew	3

ExpressJet Airlines Flight 2816 was a regional airline flight operated on August 8, 2009, as Continental Express Flight 2816, which resulted the stranding of its crew and 47 passengers for nearly 6 hours aboard the parked airplane at Rochester International Airport in Rochester, Minnesota.

Sequence of events

The flight, operated by ExpressJet Airlines as a codeshare under the Continental Express brand, originated in Houston and was bound for Minneapolis–St. Paul. As it neared its destination, thunderstorms forced its diversion to Rochester. When the flight landed at 00:28 local time, the airport terminal had discontinued normal passenger services for the evening. Because neither ExpressJet nor Continental maintained an operational presence in Rochester, Mesaba Airlines employees were the only ground handling staff on-site. ^[1]

Despite initially agreeing to assist the diverted flight, Mesaba's Rochester station manager subsequently refused to grant permission for it to temporarily deplane its passengers into the terminal. According to a post-incident report by the United States Department of Transportation (DOT) the Mesaba representative incorrectly cited Transportation Security Administration (TSA) regulations regarding afterhours security procedures, mistakenly believing that the passengers could not remain in a secure area and would be required to exit the facility entirely. ^[2]

While the flight remained on the tarmac, Continental and ExpressJet managers attempted (but were unable) to arrange ground transportation to Minneapolis. As a result, ExpressJet dispatchers decided to wait for better weather in an attempt to continue, rather than cancel, the flight. To that end, the aircraft was refueled twice while passengers remained onboard and unable to deplane. It was not until the crew had exceeded their maximum flight duty period that the operation was finally cancelled, and the aircraft was finally parked and allowed to deplane shortly after 06:00 local time. ^[3]

Fallout

The incident soon received widespread media coverage and resulted in federal investigations of the involved airlines for their roles in stranding the passengers. The DOT ultimately charged Continental Airlines, ^[4] ExpressJet airlines, ^[1] and Mesaba Airlines ^[2] each with violating Title 49 of the United States Code, § 41712, Unfair and deceptive practices and unfair methods of competition. All three carriers opted to settle the matter through civil penalties: Continental and ExpressJet Airlines paid $50,000 each, and Mesaba Airlines received the largest fine of the three at $75,000. This marked the first time the U.S. government fined an airline for actions involved in a ground delay. ^{[5] [6]}

References

1. "Consent Order - ExpressJet Airlines, Inc. Violation of 49 U.S.C. § 41712" (PDF). US Department of Transportation . November 24, 2009. Retrieved January 8, 2022.
2. "Consent Order - Mesaba Airlines Violations of 49 U.S.C. § 41712" (PDF). US Department of Transportation . November 24, 2009. Retrieved January 8, 2022.
3. Gross, Doug. "Feds: Regional carrier, not crew, at fault in plane's tarmac stranding". CNN. Retrieved 24 March 2019.
4. "Consent Order - Continental Airlines, Inc. Violation of 49 U.S.C. § 41712" (PDF). US Department of Transportation . November 24, 2009. Retrieved January 8, 2022.
5. "First-ever fines for airlines' stranding of passengers on tarmac". The Mercury News. 24 November 2009.
6. "DOT imposed what it called "precedent-setting" fines on Continental, ExpressJet and Mesaba for stranding passengers on an idle aircraft". Business Travel News. Retrieved 24 March 2019.

See also

• Flight cancellation and delay
• FlyersRights.org