New York has a Passenger Bill of Rights…will the rest of the US?

We realized we had neglected to comment on the subject of the New York Airline Passenger Bill of Rights, passed by the state legislature on June 22nd. The bill is limited…as air travel is federally regulated, but takes effect at the start of the new year. We decided to have a look at the bill…we did clean up the formatting a bit and add it to the bottom of this post.

To summarize….the state of New York will create an Office of Airline Consumer Advocate…charged with investigating violations involving airlines keeping passengers on the ground for more than three hours with inadequate water/refreshment, power/lights, and waste removal..It shall produce public reports of these violations it investigates and has the right to attempt a settlement with the airline or to instruct the Attorney General to begin civil court proceedings. The maximum cost per passenger for a violation is $1000…although it does note taking into account compensation already given. Information on complaints must be made available in airports.

For those of you cheering this…it would only apply in New York airports(Newark doesn’t count). But for all the people stranded monthly at JFK…it would certainly encourage carriers to pay for waste removal and food….no excuses. The bill is limited to providing passengers with amenities due to the limited power states have over air travel. It does not even cover the right to be removed from the plane.

The Air Transport Association, which represents major airlines, said such legislation is “pre-empted” by the federal Airline Deregulation Act of 1978. An association spokesman, said the de-regulation act does not allow “states or localities” to regulate “airline prices, routes or services.” and said that if the New York State bill is passed, “we will review all of our options including the right to take legal action.”

Meanwhile, last week, the House Transportation Committee released its version of the FAA reauthorization bill, which includes language promoting a passenger bill of rights. If the legislation moves forward, carriers would be required to have a backup plan for providing food, water, restrooms, cabin ventilation and medical care whenever an aircraft is stuck on the ground for three or more hours. Additionally, passengers would be allowed to deplane at the four-hour mark. It would also require the Department of Transportation to collect monthly statistics on the number of diverted flights and the length of time passengers are made to stay on board when problems arise.

Article 14-A – Airline Passenger Rights

• 251-g – Consumer bill of rights regarding airline passengers.
  1. Whenever airline passengers have boarded an aircraft and are delayed more than three hours on the aircraft prior to takeoff, the carrier shall ensure that passengers are provided as needed with:
     1. electric generation service to provide temporary power for fresh air and lights
     2. waste removal service in order to service the holding tanks for on-board restrooms;
     3. adequate food and drinking water and other refreshments.
  2. All carriers shall provide clear and conspicuous notice on consumer complaint contact information by providing forms and/or causing signs to be posted at all service desks and other appropriate areas as necessary in their respective areas in an airport which shall contain information in such form and manner as the airline consumer advocate shall prescribe, including, but not limited to, the following:
     1. a telephone number and mailing address of the office of the airline consumer advocate, the aviation consumer protection division, and the office of aviation enforcement of the United States department of transportation;
     2. explanations of the rights of airline passengers;
     3. basic information on the office of the airline consumer advocate.
• 251-h – Office of the airline consumer advocate.
  1. There shall be in the board an office to be known as the office of airline consumer advocate. The executive director of the board shall designate one or more employees of the board to serve in such office.
  2. 1. The office of the airline consumer advocate shall have the following functions, powers, and duties:
        1. to assist customers in resolving problems with airline carriers;
        2. to identify areas in which customers have problems in dealings with carriers;
        3. to propose solutions, including administrative changes to practices and procedures of the carrier or airport;
        4. to preserve and promote the rights of the customer;
        5. to promote open and direct communications; and
        6. in conjunction with other appropriate staff of the board, to initiate, investigate, attempt to resolve, and if necessary refer to the attorney general any matters or complaints received pursuant to this article.
     2. Any complaints regarding violations of section two hundred fifty-one-g of this article shall be filed with the office of the airline consumer advocate who may, on behalf of the board and in conjunction with other staff of the board, conduct an investigation and may request in writing the production of documents and records as part of its investigation. Trade secrets and proprietary business information contained in the documents or records received by the board pursuant to a written request or a subpoena are confidential. If the person upon whom such request was made fails to produce the documents or records within thirty days after the date of the request, the board may issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to enforce the subpoena and such sanctions as the court may direct. After completion of an investigation, the board shall either:
        1. dismiss the compliant following a determination that no violation occurred; or
        2. determine that a violation has likely occurred and, if so, shall attempt to resolve the matter by settlement, which may include a monetary settlement to cover the ordinary costs and expenses incurred by the board. If no settlement is achieved, then the matter shall be referred to the attorney general for further proceedings, including, if necessary, legal action.
     3. Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings or other business material, regardless of form or characteristics, obtained by the board pursuant to subpoena shall be confidential. At the conclusion of an investigation, any matter determined by the board, the attorney general, or by a federal or state judicial or administrative body, to be a trade secret or proprietary confidential business information held by either the board or the attorney general pursuant to such investigation shall be considered confidential. Such materials may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained.
     4. The attorney general shall be authorized to recover a civil penalty not to exceed one thousand dollars per violation; provided, however, that for a violation of subdivision one of section two hundred fifty-one-g of this article the civil penalty shall not exceed one thousand dollars per passenger. Any such penalty shall take into consideration any compensation paid or offered by the carrier to passengers. The civil penalty imposed pursuant to this paragraph may be sought in a civil action brought by the attorney general in any court of competent jurisdiction. If the attorney general prevails in a civil action, the court may award the attorney general reasonable attorneys’ fees, and an amount equal to the ordinary costs and expenses incurred by the board, as it deems appropriate. If the attorney general reaches a settlement, this settlement shall include an amount equal to the ordinary costs and expenses incurred by the board. Upon the receipt of any award or settlement to the attorney general of the ordinary costs and expenses incurred by the board, the attorney general shall deliver such amount immediately to the board. “Ordinary costs and expenses” shall mean costs and expenses incurred by the board as a consequence of investigation of violations of this article.
     5. The annual report prepared by the board pursuant to paragraph c of subdivision one of section five hundred fifty-three of the executive law shall include a summary of the activities of the office of the airline consumer advocate. Such report shall contain full and substantive analysis, in addition to statistical information, and shall:
        1. identify the initiatives the office of airline consumer advocate has taken to improve airline services;
        2. contain a summary of the most serious problems encountered by customers, including a description of the nature of such problems;
        3. contain an inventory of the items described in subparagraphs (i) and (ii) of this paragraph for which action has been taken and the status and results of such actions, and an inventory of items for which no action has been taken, and the reasons therefor;
        4. contain recommendations for such legislative or administrative proposals as may be appropriate to resolve problems encountered by customers; and
        5. include such other information as the office of the airline consumer advocate and the board may deem advisable.
• 251-i. Limitations on applicability of article. Nothing in this article shall be construed as requiring any carrier, airport or other entity to take any action in contravention of any written directive of the federal aviation administration or other federal agency having jurisdiction over such entity.