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Airline Passengers' "Bill of Rights"?

Earlier this month a US federal court judge struck down a New York State law known as the "New York State Airline Passengers' Bill of Rights". His ruling was that regulation of the airline industry is solely in the jurisdiction of the federal government.

There are many, many things wrong with this picture.

I mean, really; how is it that airline passengers need a bill of rights anyway? If the business situation for airlines has deteriorated so much that the airlines feel no need to observe even the most basic principles of human decency and compassion, then it is quite clearly time to return to the standards of industry regulation.

If the airlines executives' parents didn't teach them how to behave then The People, thru all of our governments -- state and federal and even local -- need to tell them how exactly what is expected of them. But let me tell you boys: this reflects very poorly on your mothers. You'd better start thinking about what she would say about your behavior -- and about how you'll feel when its your Mom who's trapped in that airplane for six or eight hours.

Ok; but about this "passenger bill of rights" thing and the court ruling.

First; to the federal judge, "Wake Up, fellow, and smell the reality." Airlines are governed and regulated right down to the municipal level. All states have laws governing airline behavior and any municipality with an airport has rules about where the airlines can fly and when they can fly and many other laws about airline behavior. These are all legal and appropriate and allowed to stand. And so, judge, your ruling has no legs to stand on.

But what about the so-called "bill of rights" itself. The one struck down in New York says that the airlines would be required to provide basic services like food, water and working bathrooms if the airplane and passengers are stuck on the tarmac for more than three hours.

Three hours! That's both crazy and already far, far beyond human decency.

That isn't a bill of rights for passengers; it is a warrant to abuse for the airlines. Instead of fighting it, the airlines should be (and probably are) laughing up their sleeves that the a law gives them legal permission to behave like inhuman jerks for three hours!

A passengers' bill of rights would say things like:

  • Passengers should be notified before boarding if there is a known delay on the tarmac (and given the option to reschedule their flight)
  • If there is a delay of any length before take off which will effect arrival time more than the gerater of 10 minutes or 10 percent of the schduled flight time then the airline must affirmatively notify all passengers with connecting flights and the airlines with which they are connecting. Connecting passengers must be given the option as soon as possible after the delay is known to alter their travel plans, including while in flight, at the expense of the delayed airline.
  • If the plane leaves the gate with a known delay of more than 45 minutes then the toilets should be open for use until 10 minutes before actual take off.
  • If, at any time after departing the gate it becomes known that the delay will be more than 45 minutes then the toilets should be openned immediately.
  • If, at any time after departing the gate (ADTG) it becomes known that the delay before take off will be more than one hour then water should immediately be made available to passengers.
  • Air conditioning and ventilation should never be turned off or "down" except when it is a matter of immediate safety.
  • If, ADTG, it becomes known that the delay before take off is three or more hours in the future, then all passengers should have the option to leave the plane and reschedule their travel.
    • Passengers electing to leave should be provided immediately transferable credit to use to procure an alternate means of travel, including land-based options.

It's just reasonable. 

March 26, 2008

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