In an effort to forestall federal legislation, the Canadian airline industry will release its own “legally binding” passenger bill of rights today that calls for passengers to be let off the aircraft after 90 minutes of delay. The National Airlines Council of Canada – Air Canada, Air Canada Jazz, WestJet and Air Transat – is trying to avoid a bill working its way through Canadian legislative corridors.

Meanwhile, such efforts are heating up in the U.S. after passengers were forced to endure 10 hours onboard a flight bound for Atlanta from Turks and Caicos on Good Friday. Delta Flight 510, according to FlyersRights, began at 2 p.m. local time and, because of weather, diverted to Columbia, S.C. where it touched down shortly after 5:00 pm. Passengers were forced to stay on the airliner until well after 11 pm, said the organization.

“After six hours without food or water and with the aircraft's toilets overflowing, the passengers were escorted to a cinderblock room in the basement of the Columbia airport with concrete floors, and approximately 15-20 folding chairs to accommodate the more than 120 individuals,” said FlyersRights. Passengers, said the organization, ultimately staged a “mutiny” forcing the airport and customs to coble together customs and immigration clearance.

What the organization failed to say was passengers had to be sequestered because they had not cleared customs. The flight was diverted and fueled, according to Delta, but a second wave of storms pounded the area forestalling any departure plans. And, as often happens, the crew ran out of duty time

As with U.S. airlines, the Canadian industry has been fighting passenger rights legislation but submitted its proposal to the Canadian Transportation Agency which grants CTA enforcement authority. The passenger rights bill, introduced by New Democratic Party MP Jim Maloway and later tabled, would impose fines for violations of delay policies. The policy provides for meal vouchers after four-hour delays and requires airlines to provide hotel rooms for delays that go overnight.

However, the industry’s policy falls short of the Maloway bill which calls for a 60-minute time limit after the door closes, after which airlines would be charged $500 per passenger an hour. The bill also calls for $1,200 to passengers bumped for flights exceeding 3,500 kilometers. Airlines failing to make timely announcements for delays, cancellations or diversions within 10 minutes would be fined $1,000. Other protections address baggage problems. The bill also includes $10,000 fines for each time an airline fails to include the “all-in” price of the ticket in advertisements.

The airline position says only the captain can determine safe flight operations. They also contend that the fines ignore the cost side of delays which give airlines all the incentive needed to do the right thing by passengers. Nor does it make sense to provide exorbitant compensation to budget travelers, they say.

While passenger rights have been inked into the FAA reauthorization bill now making its way through Congress, the legal record on passenger rights lawsuits, remains murky. FlyersRights.org recently lost an unlawful imprisonment court battle over a nine-and-a-half hour delay of an American flight in Austin that was the springboard for the organization. While sympathetic, the judge ruled the airline had “no duty to provide passengers with a stress-free environment,” according to the organization. U.S. District Court Judge Robert Dawson also cited the fact the passenger, Cathy Ray, never told the crew she wanted to deplane, thus eliminating the “willful detention” aspect of the class action suit. He also noted that such strandings were not part of federal regulations and thus require Congressional to address.

FlyersRights Director Kate Hanni, who was also aboard the American flight, agreed, saying the ruling reinforced the need for such legislation. Passenger rights advocates want a three-hour maximum for delays.

Continental and other U.S. airlines have addressed the issue by saying that whenever possible they will give passengers the option of deplaning after three hours provided it can be done safely. Continental had the policy at Newark but expanded the program in December after storms socked in Houston Intercontinental. The flight with the longest delay was Continental Express ExpressJet Flight 2418 to Monroe, La, an ERJ 145, 50-seat jet, on which passengers sat for seven hours and nine minutes before taking off. Airlines point out the vast majority of passengers who do not want the flight cancelled because of delays.

In December, European passenger rights were reaffirmed by a European Court of Justice against the over-use of the exception clause, “extraordinary circumstances,” in which airlines were including staffing shortages and mechanic problems. The court, ruling in a case against Alitalia, banned the use of technical problems citing the fact airlines are responsible for providing working aircraft. Based on the ruling, British Airways paid about 21 passengers $550 each in compensation. Compensation depends on the length of the flight.

Overnight News
Jetstar calls for common Tasman border

Airport Check-in: Taking swine flu precautions; Volaris targets U.S.

PATA calls for urgent review of UK 'travel tax'

Delta quiet on plans for 787 Dreamliner jets

China Eastern sells off planes

Airlines call for global action on flu

Are cash-starved airlines putting fliers at risk?

Airline Locair to add Kentucky, D.C. flights

Jetstar turns cannibal to subdue the Tiger

UAE signs Air Services MoU with Indonesia

Mexico-bound flight canceled

No flu sign on quarantined passengers so far

Delta Offers Summer Fare Sales

Swine Flu Takes to the Skies: Mexico, China Mull Sending Planes to Fetch Stranded Citizens

FedEx Warns of 'Air Trade War' If Treaty Is Rolled Back

In Short Order, Pilot’s Landing on the Hudson Becomes a Book

Cathay Pacific Jumps as Travel Withstands Swine Flu (Update1)

Taiwan Airlines Gain on Report About Additional China Flights

Pilot who landed in Hudson takes stand in Phoenix