DOT Proposes Passenger Rights Reforms
June 3, 2010 at 9:39 am | Posted in Aviation Law | 1 Commentby P.J. Blount with the blog faculty
Source: Aviation Week
DOT Proposes Passenger Rights Reforms
Jun 2, 2010
By Darren Shannon darren_shannon@aviationweek.com
WASHINGTONU.S Transportation Secretary Ray LaHood, in a drastic expansion to his first air passenger protection rule, intends to impose tarmac delay rules on foreign carriers and domestic carriers’ international flights, and expand the current ruling from hubs to any airport that handles more than 10,000 passengers a year.
The new proposal also expands the current tarmac delay rule from the country’s top 18 carriers to any airline that operates an aircraft with 30 or more seats. Under current rules airlines must deplane passengers after three hours (with some caveats); this new plan has yet to determine such criteria for international services, although it will probably be tiered according to the flight’s duration. . . . [Full Story]
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The recently proposed changes from the DOT aimed at increasing consumer protections have a legitimate and admirable goal. Airline passenger complaints range from the horror stories of seven hour tarmac delays with no food or water to passengers complaining about the presence of peanuts. The DOT stated these rule changes will cost $26 million but create $86 million in savings. I’d like to see an accounting of these savings.
What it will do, especially at New York’s three major airports, is create significant cancellations this summer. With summer, comes thunderstorms with tops up to 50,000 feet along the east coast which translates to a massive, severe cell. Our antiquated ATC system can barely handle the volume scheduled for the northeastern airports (LGA, JFK, BOS, PHL, DCA, IAD, EWR) on a good day. Throw one major cell on the east coast, much less the typical hundred mile line of embedded thunderstors during summer, and the system is thrown into disarray. The afternoon flight from DCA to JFK that was blocked for 40 minutes from lift off to touch down was just handed a two hour ground hold compliments of ATC because they can not get a slot for the aircraft due to aircraft from Florida, Georgia, the Carribean, etc. using the same airways above. These delays are not a shortcoming of the airline, but of an antiquated ATC system run by the government. Now the government wishes to shift the bill for these delays to the already beleaguered airlines.
Due to the stiff penalties of $27,000 per passenger now proposed the airlines will be unable to approach the three hour cut-off and will have to take a conservative approach and proceed back to the gate around two hours into the delay. At this point, the flight loses its slot in line, jeopardizes crew time out issues, and may not have a gate to proceed back to in the first place as all gates may be occupied by other stranded flights. The number of inadvertently stranded passengers could increase significantly on a bad day and with aircraft at or near full capacity these days leave these passengers with no alternatives.
When those unfamiliar with the operational challenges of the airline industry attempt to burden its operation with arbitrary regulations and stiff monetary penalties under the guise of consumer protection it frustrates an already overtaxed system.
I am a strong advocate of passenger rights. Airlines should be required to allow passengers food, water, and lavatory privileges throughout these delays. However, when we allow those who understand very little of all the variables in play to make operational decisions from afar we allow their tunnel vision to compromise the remaining efficiency of the system.
Airplanes that are not in the air or are forced to taxi back to the gate create no revenue. The airlines labor, overhead, gate, and operational expenses have already been incurred and yet they are now expected to reimburse passengers after returning to the gate for the delay or face serious fines for remaining on the tarmac. These delays were created by our ATC system and now the DOT appears to want the airlines to carry the burden for them.
It should be an interesting summer. If you are flying from ATL to JFK hope for the best. Keep your fingers crossed that there are no thunderstorms along the route. The well intentioned consumer rights activist have won a fight travelers are likely to regret once these policies are implemented.
Comment by Chad Medders— June 3, 2010 #