Air Passenger Rights Bill Nowhere in Sight

Federal legislation that would keep airline passengers from being held 'hostage' on commercial jetliners remains stalled in the U.S. Congress while state passenger bills of rights are being rejected on legal grounds. The House Subcommittee on Aviation held a hearing on April 9 to hear testimony on what the...

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Federal legislation that would keep airline passengers from being held 'hostage' on commercial jetliners remains stalled in the U.S. Congress while state passenger bills of rights are being rejected on legal grounds.

The House Subcommittee on Aviation held a hearing on April 9 to hear testimony on what the Federal Government is doing to head off major airline delays this summer. Last year, adverse weather left fully-loaded jetliners on the nation's runways for hours, prompting unhappy consumers to demand federal rules on passenger rights under such conditions.

The Department of Transportation has moved to reduce delays and alleviate related consumer problems and the U.S. House of Representatives passed an airline passenger protection measure but the U.S Senate has yet to enact such legislation.

Last August, New York became the first state to enact legislation ensuring airline passenger rights on severely delayed flights operating in the state. But in March 2008, the U.S. Circuit Court of Appeals ruled that the Federal Airline Deregulation Act of 1978 reserves to federal authority the regulation of matters concerning price, route and service.

Currently, nine other states have similar passenger rights legislation pending.

The Air Transport Association of America (ATA) testified on the steps airlines have taken to ensure passengers' needs are met during lengthy flight delays and the industry's ongoing commitment to improving operations.

"The majority of flight delays are due to weather and an aging air traffic control system," said ATA President and CEO James C. May. "We cannot fix the weather, but we can fix the broken ATC system.

"No one hates delays more than the airlines. Delays cost the industry $9 billion annually. Contrary to claims, airlines do care about their customers and are not satisfied with the status quo," said May.

May continued, "Airlines are responding to this growing flight delay problem by de-peaking schedules and closely monitoring operations in order to minimize lengthy delays. They recognize that when delays do occur, airlines have an obligation to better serve their customers.

"Some of the steps taken to meet customer needs include developing more detailed contingency plans; enabling greater levels of cooperation and communication with airports and government; and ensuring quicker decisions when planes are sitting on the ground. We have made real progress in meeting the needs of passengers during extended delays but we recognize that more needs to be done," said May.

May concluded by saying, "Congress needs to take the real lead in making sure that our outdated, inefficient ATC system is modernized and that all users are paying their fair share of the costs. That is the real answer to the delay problem."

But Kate Hanni, head of the Coalition for an Airline Passengers Bill of Rights, is concerned that "despite the good intentions of everyone involved, passengers will have no real, enforceable protections again this summer and next year unless H.R. 2881, with its passenger bill of rights provisions, gets considered this year by the U.S. Senate and a final bill is sent to the White House."

She added: "Without a statutory mandate from Congress, instead of food, water, working lavatories and accurate information, passengers will again have only a stack of voluntary airline commitments that aren't enforceable, monitored by a DOT that refuses to propose any minimum health and safety standards for stranded passengers."