Is it Time to Review Talk of a Passenger’s Bill of Rights?

By | January 25, 2007

In 1999, regulation of the airline industry with a Passenger Bill of Rights was by public agreements by airlines to change their practices…thus avoiding federal regulation. But now, studies indicate perhaps they’ve not only failed to live up to that, but they are lacking in many areas.

A group of passengers who were stranded for nine hours on an American Airlines flight have organized to lobby Congress. They have their own blog now, Coalition for Airline Passenger’s Bill of Rights.

The flight in question, which took place December 30, had 138 passengers stuck on the ground in Austin, Texas with overflowing toilets, no water to drink, and only pretzels to eat. And it would have last longer than nine hours if the captain hadn’t defied orders and taxied to an open gate without permission. During the time the plane, which was diverted on en route from San Francisco to Dallas, was on the ground, ten other diverted flights were allowed to leave, and American even had its regular Austin flights operating on schedule. American has apologized, but many of these people will never forgive the carrier.

The proposed reforms would require that airlines establish procedures for returning passengers to gates when delays occur so no plane sits on the tarmac for longer than three hours without connecting to a gate, and providing essential needs, such as food, water, sanitary facilities, and access to medical attention during such delays. Other proposals would require airlines to publish a list of chronically delayed flights…those that were delayed thirty minutes at least forty percent of the time; compensating passengers delayed due to cancellations or postponements of more than twelve hours by a refund of 150% of the ticket price. And finally, create a passenger review committee to review and investigate complaints.

We are in favor of requiring airlines to be more accountable for their actions and to disclose more clearly such problems. We are not quite certain about a refund of 150% of the ticket price for 12 hours. It would depend on the circumstances. Anyone kept on the tarmac for nine hours in unsanitary conditions certainly deserves that. But sometimes, circumstances beyond the control of a carrier…ie a major blizzard, closes down airports, prevents airlines from moving their passengers. Denied boarding compensation and related rules have not been updated since deregulation. Perhaps at the least…it is time for a little more regulation…