Untited States Passenger Bill Of Rights

Airline passengers just can't catch a break. Or can they?

2008-04-20T10:23:00.001-07:00

A bill of rights could be a cure for the headaches of flying coach

April 13 2008

Airline passengers just can't catch a break. Or can they?

Hundreds of thousands of people were forced to scramble for alternative travel arrangements last week after American Airlines, the nation's biggest carrier, canceled more than 3,000 flights for maintenance checks.

Meantime, Frontier Airlines on Friday became the fourth U.S. carrier to seek bankruptcy protection in less than a month, although Frontier continued to fly. It joined Aloha Airlines, ATA and Skybus, which left passengers high and dry. Charter airline Champion Air said it would shut down in the next few weeks.

Amid all this chaos, it was easy to overlook a federal court's ruling last month that overturned a New York law guaranteeing airline passengers a "bill of rights" for when they get stuck on the ground during epic delays.

The New York law was similar to legislation pending in Sacramento that would safeguard California air travelers. The fate of that bill is now uncertain.

"We have little difficulty concluding that requiring airlines to provide food, water, electricity and restrooms to passengers during lengthy ground delays relates to the service of an air carrier," the U.S. 2nd Circuit Court of Appeals said in a 3-0 decision. "Only the federal government has the authority to enact such a law."

Unfortunately, the federal government has been unable to get any such law off the ground. Legislation for a national passengers' bill of rights, co-sponsored by Sen. Barbara Boxer (D-Calif.), has been stalled in the Senate for the past year.

But that could change.

"Right now, the wind is at our back," Boxer told me by e-mail. "The terrible situation we've seen in the last few days with thousands of flights being canceled has in some ways bolstered our prospects.

"Airline passengers have every right to expect that they will not be trapped for hours on a grounded aircraft without food, clean drinking water or access to adequate restroom facilities," she said. "We've heard stories of elderly passengers stuck on planes without access to their medication. That is simply unacceptable."

Indeed. It's no less extraordinary that passengers and lawmakers are forced to battle the airlines for what any reasonable person would consider basic, humane treatment.

The woman who's been out front in this fight is Kate Hanni, a former Northern California real estate agent who now heads a grass-roots group called the Coalition for an Airline Passengers' Bill of Rights.

Hanni, 47, was in Washington last week testifying before Congress on how miserable it is to be stuck for hours on a grounded flight with no food or water, and with bathrooms that quickly turn into toxic-waste sites.

This was an ordeal Hanni experienced firsthand in 2006 when her American Airlines jet remained on a tarmac in Austin, Texas, for more than nine hours after bad weather caused delays at numerous airports.

"Flying is the seventh ring of hell," she said by phone after winding up her appearance on Capitol Hill. "It's getting tougher and tougher."

Hanni said she remained hopeful that a passengers' bill of rights would be passed at the national level, if not at the state level in light of last month'scourt ruling. But she admitted that since her own nightmare in Austin, "nothing meaningful has been done for passengers."

For its part, the airline industry wants to keep things just as they are.

The Air Transport Assn., an industry group, said the striking down of New York's passengers' bill of rights "vindicates the position of [the association] and the airlines -- that airline services are regulated by the federal government, and that a patchwork of laws by states and localities would be impractical and harmful to consumer interests."

However, the group's president, James C. May, testified in Congress last year that the association opposed the federal passengers' bill of rights as it's now written. Washington insiders say the airlines are doing everything they can to water down the legislation.

All things considered, it seems fair to wonder if air travel will ever again be anything more than a prolonged exercise in discomfort and deprivation.

Ray Neidl, a prominent airline-industry analyst at Calyon Securities in New York, expects U.S. carriers to lose a combined $1 billion this year, and for the red ink to continue flowing as long as oil remains above $100 a barrel. (It closed Friday at $110.14.)

One problem, he told me, is that passengers insist airlines compete on price rather than on comfort or convenience. As a result, the airlines are constantly seeking new ways to economize so they can keep prices low.

This means you now have to pay extra for virtually everything -- food, blankets, pillows, entertainment, checked baggage. What it also means, Neidl said, is that airlines will increasingly focus on their more lucrative business-class passengers instead of us poor saps in coach.

"The guy in the back of the cabin doesn't pay for the flight," he said. "Flights wouldn't exist without business class."

In the future, economy-class passengers can expect fewer flights and fewer available seats. That will translate to more crowded conditions and less flexibility in terms of when people can fly.

Here's something else: No one is predicting that there will be fewer business-class passengers. If anything, they'll account for more seats on the average flight.

Yet as the cost of those seats continues to rise in tandem with oil prices, it's a fairly safe bet that companies flying their execs here and there will pass along the expense to customers, resulting in higher costs for a wide variety of goods and services.

Think about that the next time you're folding yourself into a coach seat and stealing glimpses through the curtain at those lucky, leg-room-enjoying folk in business class.

I asked Neidl what choice people have.

"You can go Greyhound," he replied.

The way things are going, that could soon represent an improvement.

U.S. appeals court today threw out New York's airline "passenger bill of rights!

2008-04-14T05:30:00.000-07:00

A U.S. appeals court today threw out New York 's airline "passenger bill of rights," a law guaranteeing delayed travelers fresh air and working toilets, saying that to let it stand would encourage different laws in every state.

The U.S. Court of Appeals in Manhattan ruled that the 2007 law, which applies when flights have been delayed on the ground for more than three hours, is preempted by a 1978 U.S. statute that regulates air-carrier service.

If the New York law were allowed to stand, the court wrote, "another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel."

New York passed the law after a series of incidents in 2006 and 2007 when long delays at city airports resulted in travelers going without food or water while planes stood on the tarmac, according to the ruling. A lower-court judge upheld the law in November. The Air Transport Assn., a trade group for airlines, appealed.

The ATA hailed today's ruling as a vindication of its position.

"A patchwork of laws by states and localities would be impractical and harmful to consumer interests," the group said in a statement.

But backers of the New York law said the ruling harmed consumers.

"The court's decision is a disappointment to anyone who has suffered at the hands of airlines that care more about profits than their customers," said New York Assemblyman Michael Gianaris (D-Queens), a chief sponsor of the law.

New York Sen. Charles Fuschillo Jr., a Republican co-sponsor of the bill, said he was "stunned by the audacity of the airline industry which fought so hard to deny the flying public simple basic rights like being able to use a restroom or get a drink of water while stranded on a delayed plane."

Fuschillo added: "I am hopeful that the appeals process by the State of New York will continue for the protection of all New York air passengers."

Jeffrey Lerner, a spokesman for New York Atty. Gen. Andrew Cuomo, did not return calls seeking comment.

Associated Press reporter David Glovin contributed to this report.

What the master blogger "The Wolf" thinks of an Airport Passenger Bill of Rights!

2008-03-24T08:14:00.000-07:00

If you buy a car, it comes with a warranty, plus the chances are your state has an auto lemon law, and there are various federal safety and other standards the car must also meet. If anything is not as advertised and promised, you have recourse.

But if you buy a first class airline ticket, costing $10,000 or more - as much as a small car - you have almost no rights at all, not even a guarantee that you’ll get a full first class experience.

If you buy a loaf of bread and it is stale, you can return it. The supermarket will be apologetic, won’t demand proof the bread is stale, and will either fully refund you the cost or give you a new loaf of bread in exchange. But if your seat is broken on a long flight, or if the airline doesn’t have your first choice of meal, or if anything else goes wrong with your flight experience, you’re unlikely to get a sympathetic hearing or fair compensation.

And if you complain about poor service, you run the risk of being accused of ‘air rage’, of being arrested, and possibly being banned from that airline for life.

We need an Airline Passenger Bill of Rights.

You can find the most current information on your rights while traveling through US airports at www.airportbillofrights.com

Support the fight for an airline bill 0f rights by signing the petition in favor of airline passenger bill of rights at: www.apbor.com

Please stand up for your rights before it is to late. Be an advocate at: www.apbor.com

Model State Bill

2008-03-13T22:11:00.001-07:00

A. Responsibilities of airlines under certain circumstances Whenever airline passengers have been involuntarily detained on the ground aboard commercial aircraft for more than three hours prior to takeoff or following landing, the airline shall ensure that they are provided as needed with: (1) electric generation service to provide temporary power for climate control and lights; (2) waste removal service in order to service the holding tanks for on-board restrooms; and (3) adequate food and drinking water.

No airline passenger shall be involuntarily confined on the ground aboard a commercial aircraft at any airport within this State for more than 3 hours prior to departure or after arrival, provided, however, that this provision shall not apply if the pilot of such aircraft reasonably determines that such aircraft will depart within not more than 30 minutes next following such 3-hour delay or that permitting a passenger to deplane would jeopardize the safety of the passenger, other passengers or the aircraft.

B. Explanations of rights All airlines operating within this State shall, upon request, provide clear, written explanations of the rights of airline passengers under this Act.

C. Enforcement The Attorney General is hereby authorized to recover from any airline that violates this Act, a civil penalty not to exceed one thousand dollars per passenger per violation; provided, however, that each continuous period of involuntary detention aboard an aircraft without complying with one or more of the requirements of Paragraph A hereof shall be considered a single violation. Any such penalty shall take into consideration any compensation paid or offered by the airline to passengers. The civil penalty imposed pursuant to this Paragraph may be sought in a civil action brought by the Attorney General in any court of competent jurisdiction. If the Attorney General prevails in any such civil action, the court may award the Attorney General reasonable attorneys' fees and an amount equal to the ordinary costs and expenses incurred by the Attorney General in investigating and prosecuting the violation, as it deems appropriate. If the Attorney General reaches a settlement with any airline, such settlement shall include an amount at least equal to the ordinary costs and expenses incurred by the Attorney General in investigating and prosecuting the violation.

D. Relationship to Federal Law Nothing in this Act shall be construed as requiring any airline, airport or other entity to take any action in contravention of any Federal statute or rule or regulation adopted by the United States Department of Transportation, the Federal Aviation Administration or any other Federal agency having jurisdiction over such entity.

E. Severability If any clause, sentence, paragraph, section or part of this Act is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.

2008-01-12T15:36:00.000-08:00

Established procedures to respond to all passenger complaints within 24 hours and with appropriate resolution within 2 weeks.

Established procedures to respond to all passenger complaints within 24 hours and with appropriate resolution within 2 weeks.
Notify passengers within ten minutes of a delay of known diversions, delays and cancellations via airport overhead announcement, on aircraft announcement, and posting on airport television monitors.
Establish procedures for returning passengers to terminal gate when delays occur so that no plane sits on the tarmac for longer than three hours without connecting to a gate.
Provide for the essential needs of passengers during air- or ground-based delays of longer than 3 hours, including food, water, sanitary facilities, and access to medical attention.
Provide for the needs of disabled, elderly and special needs passengers by establishing procedures for assisting with the moving and retrieving of baggage, and the moving of passengers from one area of airport to another at all times by airline personnel.
Publish and update monthly on the company’s public web site a list of chronically delayed flights, meaning those flight delayed thirty minutes or more, at least forty percent of the time, during a single month.
Compensate “bumped” passengers or passengers delayed due to flight cancellations or postponements of over 12 hours by refund of 150% of ticket price
The formal implementation of a Passenger Review Committee, made up of non-airline executives and employees but rather passengers and consumers - that would have the formal ability to review and investigate complaints.
Make lowest fare information, schedules and itineraries, cancellation policies and frequent flyer program requirements available in an easily accessed location and updated in real-time.
Ensure that baggage is handled without delay or injury; if baggage is lost or misplaced, the airline shall notify customer of baggage status within 12 hours and provide compensation equal to current market value of baggage and its contents.
Require that these rights apply equally to all airlines code-share partners, including international partners.

Please support the greatly needed Airline Passenger Bill Of Rights.

Hearings continue, and we're still taking signatures!

To: U.S. Congress - Mike Thompson

Please support the greatly needed Airline Passenger Bill Of Rights.
We are committed to solutions for promoting airline passenger policies that forward first and foremost the safety of all passengers while not imposing unrealistic economic burdens that adversely affect airline profitability or create exorbitant ticket price increases.

Sincerely,
The Undersigned

View Current Signatures