The new passenger service rules proposed by the Department of Transportation -- -- Enhancing Airline Passenger Protections are “a solution in search of a problem,” according to the Regional Airline Association which filed comments recently saying that the department’s own statistics show that on-time rates have been consistently improving.

The most important provision of its comments suggested that regionals should be exempt from the rule because they do not control the passenger service functions covered. Any rules that are adopted “should be narrowly focused,” said the organization, “and should apply only to airlines that hold out service to the public, offer reservations and ticket passengers and make decision regarding delays and food/beverage service.” It also noted that the new regulations would do nothing to prevent long tarmac delays, which will only come with improvements to the air traffic control system.

In addition, the organization reiterated the airline position that the department would be better advised to use its resources to expand the air traffic control system rather than laying on new rules. The organization noted that recent voluntary actions have solved much of the problem and the rest was beyond carrier control since it related to the restrictions imposed by the air traffic control system.

While the department cited several extreme tarmac delays and chronically delayed flights during the first half of 2008, RAA noted it ignored the June through November statistics in which on-time rates dramatically improved to 79.86 percent, the best in five years and, in October, alone it was 86.02 percent, the fourth best month in 13 years. It also said that the industry set improved records for its completion rates, on-time performance and mishandled bags.

Indeed, it cited the July ‘07/’08 period, noting the department reported significant improvements in passenger service noting that airline efforts to reduce denied boarding, flight cancellations and diversions and mishandled bags resulted in the number of consumer complaints dropping while on-time arrival performance went up. “In November, only 0.00002 percent of scheduled flight were subject to delays greater than four hours,” said RAA, noting DOT deserves praise for leading the effort to improve passenger service. “As such, the proposed rules leave the industry non-plussed. The department ignores its own success and seeks to supplant effective programs with expensive and burdensome regulations.”

The organization also pointed out that delays of any kinds bring significant economic harm to the industry thus providing the only incentive needed to improve and, for regionals, the situation is worse because their partners impose significant financial penalties for delays.

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