Both Say Airline Has Final Say On When Passengers May Deplane

Both TSA and DOT lay the blame for 47 passengers being stuck on a 50 seat ExpressJet regional jet overnight on the airline, saying it has the final authority in determining when passengers may or may not be allowed to get off an aircraft. The plane was operating under a codeshare with Continental Airlines.

Under the title "Mythbusters", TSA said on its website "Airlines, not TSA, make the decision on whether or not to deplane passengers if there is a delay or diversion. TSA does not prohibit airlines deplaning passengers and re-boarding without screening as long as they don't exit past the checkpoint and leave the secure area, regardless of whether or not TSA officers are conducting screening operations. In addition, TSA has the ability to recall security officers and resume screening passengers after hours at the request of an airline or airport."

The DOT issued a similar statement on its website. Transportation Secretary Ray LaHood said DOT plans to look into the incident. "I have asked the Department of Transportation’s General Counsel to look into whether Continental Airlines or its regional partner Express Jet Airlines has violated any laws in connection with the lengthy tarmac delay on their Houston-Minneapolis flight over the weekend in which passengers were stuck in a small plane for seven hours. While we don’t yet have all the facts, this incident as reported is very troubling. We are investigating the incident and will do whatever we can to make sure passengers are not subjected to such situations in the future."

The flight was originally diverted due to weather at Minneapolis, its original destination, and landed at Rochester, MN. When continuing the flight would have meant a violation of crew rest rules, the plane sat on the tarmac from about 2300 to 0600 until a new crew could be brought in to continue the flight. ExpressJet said the safety of the passengers and federal laws were the determining factors in keeping the passengers on the plane overnight.

FMI: www.tsa.gov, www.dot.gov