RAM, can you please point out where DOT regulations that say volunteers must be called for if all passengers have boarded the plane?
Early in the thread it said they were told that volunteers had been called for. This should be sufficient trigger. Then for the CSM (allegedly) to say the flight was over-booked in business and some other business passengers had been paid compensation (which is what DoT procedures say must happen) would also trigger the operation.
Here is the text of email/online contact form and let's wait for the response (hopefully) in 8-10 days as stated in DoT receipt:
{I wonder who will be faster now? Q or US DoT, any bets?}
Dear Department of Transport
There was an incident earlier this year in October concerning a Qantas flight from LAX to Australia. It has been widely discussed in this Australian Frequent Flyer blog, and especially how poorly the two elderly passengers were treated before the flight and subsequently in seeking a refund for their eventual involuntary downgrading although they were offered to fly the next day.
As they were told that they had been involuntarily downgraded and did not hear any call for volunteers, and apparently were never informed of their legal rights nor given a written copy (as the DoT stated in the DOT Fines Delta for Violating Bumping Compensation Rules DOT 58-13) and were told they could fly in business class the next day - would this not invoke the 'Over-booking Rules' requiring amongst other things that they be informed of their full legal rights?
I note that the DoT fined Qantas earlier this year. Qantas flight QF008 was delayed for 4 hours before take-off from Dallas, Texas to Brisbane on 21 March 2013, and this has resulted in the airline being fined $90,000 in civil penalties for failing to tell passengers they could get off the aircraft during the tarmac delay. In the first consent order published by the United States (US) Department of Transportation (DOT) Office of the Secretary in Washington DC for 2014, on 15 January 2014 Qantas was ordered to pay the fine and cease and desist from future similar violations.
CONSENT ORDER
This consent order concerns violations by Qantas Airways Limited (Qantas) of 14 CFR Part 259 and 49 U.S.C. § 41712. Specifically, the carrier failed to inform passengers on a flight delayed for a period at the gate with the door open that they had the opportunity to deplane as required under Part 259. This order directs Qantas to cease and desist from future similar violations of 14 CFR Part 259 and 49 U.S.C. § 41712 and assesses the carrier $90,000 in civil penalties.
Should the two passengers lodge a complaint with the Department of Transportation concerning the events that transpired?
Thank you for your assistance and any advice you can provide,