Airline Passenger Compensation Rights on International Flights
Copyright 2008
Paul S. Hudson, Esq. (Executive Board Member FlyersRights.org)
International airline passengers, under the Montreal Convention of 1999 ratified by the U.S. in 2003 (and which replaced the Warsaw Convention), now have legal rights that are in some ways superior to the rights of passengers on U.S. domestic flights. International air travel covered by this treaty includes any ticketed trip with stopping, departure or destination points in two or more countries. These rights include:
1) Strict liability for bodily injury or death incurred on board the aircraft or in the course of embarking or disembarking, up to approximately $160,000 in compensation. A passenger does not have to prove negligence or fault by the airline. However, damages may be reduced for contributory negligence or wrongful acts by the passenger.
For damages over $160,000, an airline may use the defense that it was not negligent or did not engage in wrongful conduct, or the damages were solely due to negligence or wrongful acts of a third party.
2) For lost or damaged or delayed baggage, the airline liability is generally limited to $1,640 per passenger, unless the passenger has handed the airline a special interest declaration and paid any supplementary fee. .
3) Airlines are liable for damages caused by delay in the transporting of passengers or cargo up to $6,640, unless the airline proves that it took all reasonable measures to prevent the damage caused by delay or that it was impossible for them to take such measures.
No airline is permitted by contract to assert lower liability limits for international air travel than those provided for in the Montreal Convention and any such contract terms are void. In general, state common law tort or statutory actions are now preempted, as most courts now view the Montreal Convention as the exclusive remedy for claims arising out of international air transportation.
Time Limits
Legal actions on all claims must be brought within two (2) years of the incident. However, in addition, complaints to the airline for baggage damage claims must be made within 7 days, for cargo damage within 14 days of the date of receipt by the passenger. For baggage or cargo delay claims, the passenger must file a complaint with the airline within 21 days of receipt. Complaint to the airline must be made in writing and delivered or sent within the time limits or the claim is barred except in case of fraud by the airline.
Jurisdiction
Courts that have jurisdiction for passenger actions against airlines under the Montreal Convention include US federal district courts and other courts where the passenger has his/her primary and permanent residence, where the airline is domiciled (incorporated) or has its principal office, the final destination location of the flight, or where the airline has a place of business through which the ticket was purchased.
This short article is for informational purposes only and does not constitute legal advice. Anyone seeking legal advice should consult with an attorney of their choice. The text of the Montreal Convention is available on the internet at http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc.html The US dollar amounts specified in this article are based on the conversion to US dollars from the Special Drawing Rights units used in the Convention as of February 22, 2008. This conversion is posted daily on the International Monetary Fund web site.
Friday, December 31, 2010
Thursday, December 30, 2010
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
For Immediate Release
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 30, 2010) – 4 years ago yesterday, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK for upwards of 13 hours in the case of an El Al flight, and many for over 8 hours in the case of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express..and then have spent additional days without food, water or access to medicines inside the JFK airport without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings".
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises they did not need to have a mandate and would ensure that another Jet Blue did not happen” “There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident.
In addition the TSA offered all airports the opportunity to deplane passengers into sterile rooms, and the option of re-embarking without going through customs again. But those offers of assistance fell on deaf ears.
FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. FRO also looks forward to final passage of the overdue FAA Reauthorization Legislation by Congress which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“While we understand that international flights present logistical and security challenges distinct from domestic flights, we feel strongly that the common sense Three Hour Rule which has worked so well since its inception should be extended to all flights operating in the U.S. regardless of their point of origin or destination,” added Hanni.
FlyersRights.org is the largest airline passengers rights nonprofit with 33,000 members For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 30, 2010) – 4 years ago yesterday, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK for upwards of 13 hours in the case of an El Al flight, and many for over 8 hours in the case of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express..and then have spent additional days without food, water or access to medicines inside the JFK airport without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings".
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises they did not need to have a mandate and would ensure that another Jet Blue did not happen” “There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident.
In addition the TSA offered all airports the opportunity to deplane passengers into sterile rooms, and the option of re-embarking without going through customs again. But those offers of assistance fell on deaf ears.
FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. FRO also looks forward to final passage of the overdue FAA Reauthorization Legislation by Congress which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“While we understand that international flights present logistical and security challenges distinct from domestic flights, we feel strongly that the common sense Three Hour Rule which has worked so well since its inception should be extended to all flights operating in the U.S. regardless of their point of origin or destination,” added Hanni.
FlyersRights.org is the largest airline passengers rights nonprofit with 33,000 members For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
Wednesday, December 29, 2010
JFK Tarmac Delays Impact International Travellers
Contact: Kate Hanni (707)337-0328
FlyersRights.org
For Immediate Release
JFK Tarmac Delays Impact International Travellers
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 29, 20010) – 4 years ago today, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK-- upwards of 13 hours in the case of an El Al flight--and many for over 8 hours, such as flights of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express. They then have spent additional days without food, water or access to medicines inside the JFK airport, without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings.
“FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. Clearly, passenger safety, customs requirements, and airport security considerations must be a part of that new rule. FRO also looks forward to final passage of the FAA Modernization act in Congress, which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises, saying they did not need to have a mandate and would ensure that another Jet Blue did not happen. There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident. “
FlyersRights.org is the largest airline passengers’ rights non-profit with 33,000 members. For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
FlyersRights.org
For Immediate Release
JFK Tarmac Delays Impact International Travellers
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 29, 20010) – 4 years ago today, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK-- upwards of 13 hours in the case of an El Al flight--and many for over 8 hours, such as flights of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express. They then have spent additional days without food, water or access to medicines inside the JFK airport, without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings.
“FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. Clearly, passenger safety, customs requirements, and airport security considerations must be a part of that new rule. FRO also looks forward to final passage of the FAA Modernization act in Congress, which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises, saying they did not need to have a mandate and would ensure that another Jet Blue did not happen. There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident. “
FlyersRights.org is the largest airline passengers’ rights non-profit with 33,000 members. For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
Sunday, December 26, 2010
Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:
Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:
Call our hotline at 1-877-359-3776 and we’ll help you navigate!
Napa, CA Dec. 26th 2011: Air Travelers along the east coast awoke to a Post Holiday Winter Wonderland; or Winter Travel Nightmare depending on their plans. FlyersRights.org encourages travelers to “re-accommodate” their flights with the airlines and if they need any assistance or run in to “roadblocks” to call FlyersRights.org at 1-877-359-3776 for toll free, entirely free help.
“FlyersRights advice is if you can avoid travel today, please stay safely home and re-schedule your flights or ground travel” said Kate Hanni Executive Director “The airlines are cancelling flights because it’s unsafe to fly, but driving in winter storm conditions is even less safe…so stay put if you can.”
Following are updates from several major carriers as to their handling of air travel for the next few days:
• Delta Air Lines says it's canceled about 850 flights today, including regional fights, because of the winter storm moving up the East Coast. A spokesman says it represents about a sixth of the airline's daily total. He says the cancelations are "concentrated from the Carolinas through New York."
• American Airlines says flights through Washington, Baltimore and Philadelphia will probably be canceled after 2 or 3 p.m. today, with late starts expected tomorrow morning.
• Continental Airlines has canceled 250 departures from Newark Liberty International Airport outside New York City. United Airlines canceled dozens of departures today from New York, Philadelphia, Boston and other cities.
• AirTran and Southwest Airlines also canceled flights, mostly in or out of Washington Dulles, Baltimore and Newark.
Most carriers are waiving the fees they normally charge for one-time changes in affected areas. They're urging passengers to make changes through their websites. See below for links to air carriers re-accomodation procedures.
http://www.delta.com/traveling_checkin/flight_status_updates/index.jsp
href="http://www.southwest.com/html/travel_center/christmas_wintry_weather.html">http://www.southwest.com/html/travel_center/christmas_wintry_weather.html
http://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-772-1869-1-1074
http://www.united.com/page/article/0,6867,53675,00.html
href="http://www.aa.com/viewPromotionDetails.do?fN=001_travelNotices.xml&_locale=en_US#ne">
Call our hotline at 1-877-359-3776 and we’ll help you navigate!
Napa, CA Dec. 26th 2011: Air Travelers along the east coast awoke to a Post Holiday Winter Wonderland; or Winter Travel Nightmare depending on their plans. FlyersRights.org encourages travelers to “re-accommodate” their flights with the airlines and if they need any assistance or run in to “roadblocks” to call FlyersRights.org at 1-877-359-3776 for toll free, entirely free help.
“FlyersRights advice is if you can avoid travel today, please stay safely home and re-schedule your flights or ground travel” said Kate Hanni Executive Director “The airlines are cancelling flights because it’s unsafe to fly, but driving in winter storm conditions is even less safe…so stay put if you can.”
Following are updates from several major carriers as to their handling of air travel for the next few days:
• Delta Air Lines says it's canceled about 850 flights today, including regional fights, because of the winter storm moving up the East Coast. A spokesman says it represents about a sixth of the airline's daily total. He says the cancelations are "concentrated from the Carolinas through New York."
• American Airlines says flights through Washington, Baltimore and Philadelphia will probably be canceled after 2 or 3 p.m. today, with late starts expected tomorrow morning.
• Continental Airlines has canceled 250 departures from Newark Liberty International Airport outside New York City. United Airlines canceled dozens of departures today from New York, Philadelphia, Boston and other cities.
• AirTran and Southwest Airlines also canceled flights, mostly in or out of Washington Dulles, Baltimore and Newark.
Most carriers are waiving the fees they normally charge for one-time changes in affected areas. They're urging passengers to make changes through their websites. See below for links to air carriers re-accomodation procedures.
http://www.delta.com/traveling_checkin/flight_status_updates/index.jsp
href="http://www.southwest.com/html/travel_center/christmas_wintry_weather.html">http://www.southwest.com/html/travel_center/christmas_wintry_weather.html
http://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-772-1869-1-1074
http://www.united.com/page/article/0,6867,53675,00.html
href="http://www.aa.com/viewPromotionDetails.do?fN=001_travelNotices.xml&_locale=en_US#ne">
Tuesday, December 7, 2010
ZERO (0) Tarmac Delays of over 3 hours for October
FlyersRights.org declares tarmac rule a success with 6 months data!
Overall Tarmac Strandings Down Dramatically from a Year Ago, Threats of Mass Cancellations did NOT materialize!
Napa, CA (December 7, 2010)—Today newly released data from Department of Transportation clearly demonstrates significant success for the DOT’s 3 hour tarmac rule, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. While the new consumer protections have only been in place since April, it is clear that these rules are working as intended, to protect passengers.
The October data is extraordinary, there were zero tarmac delays of over 3 hours down from 11 in 2009, and flight cancellations were reduced from .99% in October of 2009 to .97% for October of 2010.
According to the latest data, for the same 6 month period in 2009 there were 546 tarmac delays of over 3 hours compared to the same 6 month period in 2010 where we’ve seen only 12. To see the latest DOT data: http://airconsumer.dot.gov/reports/index.htm.
“3 hour tarmac strandings are nearly eliminated because of the new rule, and the number of cancellations is actually down from the 15 year 6 month average of 1.78% (excluding September 2001) to 1.17% for the same 6 month period in 2010, that’s a huge decrease in overall cancellations” said Kate Hanni, Founder of FlyersRights.org. “The reality of the rule is that it has made the airlines do the right thing and made travel better and more humane for everyone—its proof that protecting passengers can be both efficient and good business.”
“The DOT has hit a home run with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights.”
“The new Congress should move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
Overall Tarmac Strandings Down Dramatically from a Year Ago, Threats of Mass Cancellations did NOT materialize!
Napa, CA (December 7, 2010)—Today newly released data from Department of Transportation clearly demonstrates significant success for the DOT’s 3 hour tarmac rule, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. While the new consumer protections have only been in place since April, it is clear that these rules are working as intended, to protect passengers.
The October data is extraordinary, there were zero tarmac delays of over 3 hours down from 11 in 2009, and flight cancellations were reduced from .99% in October of 2009 to .97% for October of 2010.
According to the latest data, for the same 6 month period in 2009 there were 546 tarmac delays of over 3 hours compared to the same 6 month period in 2010 where we’ve seen only 12. To see the latest DOT data: http://airconsumer.dot.gov/reports/index.htm.
“3 hour tarmac strandings are nearly eliminated because of the new rule, and the number of cancellations is actually down from the 15 year 6 month average of 1.78% (excluding September 2001) to 1.17% for the same 6 month period in 2010, that’s a huge decrease in overall cancellations” said Kate Hanni, Founder of FlyersRights.org. “The reality of the rule is that it has made the airlines do the right thing and made travel better and more humane for everyone—its proof that protecting passengers can be both efficient and good business.”
“The DOT has hit a home run with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights.”
“The new Congress should move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
Monday, November 29, 2010
THE BY PASSING OF SECURITY BY ALMOST ALL AIRPORT WORKERS: Letter to Kate Hanni from an Airline Captain (Name witheld to protect him)
Hi Kate,
I saw you on Fox news. I’m a Captain for a major Airline based in Seattle and you and the rest of the media are unfortunately completely missing the story here. I park in a remote employee lot and ride the bus in with all the other airport workers. We call it the Mogadishu Express because nearly all airport workers now are Muslim. We all get off the bus together in the basement and ride the elevators up to the Terminal and cross the walkway into the terminal......... and then all these Muslims and other airport workers go downstairs and bypass security while only the Pilots and Flight attendants go up and are paraded through security in full dress uniform.
We Crewmembers are TSA’s pawns so the public can see us and feel like TSA is doing a thorough job, i.e. “ If the pilots have to go through too, then we must be safe Grandma”. TSA is a complete fraud. An army of these Muslim woman that have just bypassed security then come on my plane in full Muslim garb to clean it between flights. ( Please, I’m not picking on Muslims but simply trying to make my point). Then, all the ramp workers( most from Somalia as of this week, hired by Menzies) who have also bypassed security load the bags and then push my aircraft back from the gate so we can taxi.
They have all had complete unrestricted access to every lavatory, overhead bin, seatback, cargo hold, galley, nose gear wheel well as they disconnect the tow bar (read sticky bomb) and every other access panel on my aircraft. I feel a much greater threat from all these unscreened aircraft workers than I do from the passengers boarding my aircraft! TSA is nothing more than a giant overfunded whitewash perpetrated on the flying public to make them feel safe.PERIOD.
The janitors cleaning the restrooms inside the secure area of the terminal have bypassed security, the Mechanics working on my aircraft have bypassed security, the Skycaps pushing the old folks down the jet way in the wheelchairs have bypassed security, all the gate agents boarding the flight have bypassed security. All the construction workers at our airports have bypassed security and on and on. Are you starting to get the picture?
Pistole will first deny this then will relent and tell you they have all had a thorough background check. (Read drivers license check). I have been fingerprinted and checked by the FBI and I still go through security every single day and yet these thousands and thousands of Muslim and other airport workers bypass our nations security....... each and every day! There is no security.......its all a scam. Either every single person in the “secure area” has been screened by TSA or there is no security. Don’t even get me started on the body cavity bomber which makes these obtrusive scans and Genital pat downs instantly obsolete. I wish just one person in the media would pick up what is so obvious to the rest of us. THE BY PASSING OF SECURITY BY ALMOST ALL AIRPORT WORKERS.
Sincerely,
Airline Captain Based in Seattle
(Since I don't want to be turned in to Joe the Plumber I prefer to remain anonymous)
I saw you on Fox news. I’m a Captain for a major Airline based in Seattle and you and the rest of the media are unfortunately completely missing the story here. I park in a remote employee lot and ride the bus in with all the other airport workers. We call it the Mogadishu Express because nearly all airport workers now are Muslim. We all get off the bus together in the basement and ride the elevators up to the Terminal and cross the walkway into the terminal......... and then all these Muslims and other airport workers go downstairs and bypass security while only the Pilots and Flight attendants go up and are paraded through security in full dress uniform.
We Crewmembers are TSA’s pawns so the public can see us and feel like TSA is doing a thorough job, i.e. “ If the pilots have to go through too, then we must be safe Grandma”. TSA is a complete fraud. An army of these Muslim woman that have just bypassed security then come on my plane in full Muslim garb to clean it between flights. ( Please, I’m not picking on Muslims but simply trying to make my point). Then, all the ramp workers( most from Somalia as of this week, hired by Menzies) who have also bypassed security load the bags and then push my aircraft back from the gate so we can taxi.
They have all had complete unrestricted access to every lavatory, overhead bin, seatback, cargo hold, galley, nose gear wheel well as they disconnect the tow bar (read sticky bomb) and every other access panel on my aircraft. I feel a much greater threat from all these unscreened aircraft workers than I do from the passengers boarding my aircraft! TSA is nothing more than a giant overfunded whitewash perpetrated on the flying public to make them feel safe.PERIOD.
The janitors cleaning the restrooms inside the secure area of the terminal have bypassed security, the Mechanics working on my aircraft have bypassed security, the Skycaps pushing the old folks down the jet way in the wheelchairs have bypassed security, all the gate agents boarding the flight have bypassed security. All the construction workers at our airports have bypassed security and on and on. Are you starting to get the picture?
Pistole will first deny this then will relent and tell you they have all had a thorough background check. (Read drivers license check). I have been fingerprinted and checked by the FBI and I still go through security every single day and yet these thousands and thousands of Muslim and other airport workers bypass our nations security....... each and every day! There is no security.......its all a scam. Either every single person in the “secure area” has been screened by TSA or there is no security. Don’t even get me started on the body cavity bomber which makes these obtrusive scans and Genital pat downs instantly obsolete. I wish just one person in the media would pick up what is so obvious to the rest of us. THE BY PASSING OF SECURITY BY ALMOST ALL AIRPORT WORKERS.
Sincerely,
Airline Captain Based in Seattle
(Since I don't want to be turned in to Joe the Plumber I prefer to remain anonymous)
Tuesday, November 23, 2010
Public Concern Over TSA Screening Grows
Public Concern Over TSA Screening Grows
A new poll by Zogby International demonstrates the increasing public concern about full-body scanners that use low-level X-rays and extremely invasive pat-downs. Members of Congress and the flying public are just starting to uncover the numerous problems with Department of Homeland Security Secretary Janet Napolitano's decision to deploy these scanners without adequate public input.
Ralph Nader
November 23, 2010
An excerpt from the Zogby International news release follows:
Zogby Interactive: 61% Oppose Full Body Scans and TSA Pat Downs; 48% Will Seek Alternative to Flying Frequent Fliers: 59% Oppose Enhancements and 43% Will Seek Alternative to Flying
The implementation of full body scans and pat downs by the Transportation Security Administration (TSA) as part of security enhancements at our nation's airports will cause 48% of Americans and 42% of more frequent fliers to choose a different mode of transportation when possible, a recent Zogby International Poll finds. Overall, 61% of the 2,032 likely voters polled from Nov. 19 to Nov. 22, oppose the use of full body scans and TSA pat downs. Republicans (69%) and Independents (65%) oppose in greater numbers than Democrats (50%). Of those polled, 52% believe the enhanced security measures will not prevent terrorist activity, almost half (48%) say it is a violation of privacy rights, 33% say they should not have to go through enhanced security methods to get on an airplane, and 32% believe the full body scans and TSA pat downs to be sexual harassment. This is in line with frequent fliers (fly more than once every 3 months), as 53% say the enhanced measures will not prevent terrorist activity, 48% believe it's a violation of their privacy rights, 41% say they should not have to go through it to get on an airplane, and 35% believe it is sexual harassment.
The full text of the Zogby International news release is available at:
http://www.zogby.com/news/ReadNews.cfm?ID=1925
A new cartoon by Matthew Marran appears at: http://www.buzzfeed.com/matthewm5/who-says-bureaucrats-are-out-of-touch-zgz
A new poll by Zogby International demonstrates the increasing public concern about full-body scanners that use low-level X-rays and extremely invasive pat-downs. Members of Congress and the flying public are just starting to uncover the numerous problems with Department of Homeland Security Secretary Janet Napolitano's decision to deploy these scanners without adequate public input.
Ralph Nader
November 23, 2010
An excerpt from the Zogby International news release follows:
Zogby Interactive: 61% Oppose Full Body Scans and TSA Pat Downs; 48% Will Seek Alternative to Flying Frequent Fliers: 59% Oppose Enhancements and 43% Will Seek Alternative to Flying
The implementation of full body scans and pat downs by the Transportation Security Administration (TSA) as part of security enhancements at our nation's airports will cause 48% of Americans and 42% of more frequent fliers to choose a different mode of transportation when possible, a recent Zogby International Poll finds. Overall, 61% of the 2,032 likely voters polled from Nov. 19 to Nov. 22, oppose the use of full body scans and TSA pat downs. Republicans (69%) and Independents (65%) oppose in greater numbers than Democrats (50%). Of those polled, 52% believe the enhanced security measures will not prevent terrorist activity, almost half (48%) say it is a violation of privacy rights, 33% say they should not have to go through enhanced security methods to get on an airplane, and 32% believe the full body scans and TSA pat downs to be sexual harassment. This is in line with frequent fliers (fly more than once every 3 months), as 53% say the enhanced measures will not prevent terrorist activity, 48% believe it's a violation of their privacy rights, 41% say they should not have to go through it to get on an airplane, and 35% believe it is sexual harassment.
The full text of the Zogby International news release is available at:
http://www.zogby.com/news/ReadNews.cfm?ID=1925
A new cartoon by Matthew Marran appears at: http://www.buzzfeed.com/matthewm5/who-says-bureaucrats-are-out-of-touch-zgz
FlyersRights.org Says "Opt-Out" of Scanners!
FOR IMMEDIATE RELEASE
November 14, 2010
Contact: Kate Hanni 707-337-0328
Flyers Rights Launches “ScannerGate” Petition to protest use of
Scanners and “Enhanced” Pat Down Mechanisms as Primary Screening Method
Flyers Rights (www.flyersrights.org) the largest Airline passenger rights group in the world, today announced the launch of a Petition to protest the implementation of Backscatter Advanced Imaging Technology (AIT) Machines as well as the “Enhanced” Pat Down Mechanisms for those who “Opt Out” of the machines.
“The TSA has offered no credible specifications for Radiation emitted by these machines, and multiple constituencies, including the US Airline Pilots Association are declining to be screened. The TSA has also implemented an “Enhanced” Pat Down procedure that includes touching the genitals as well breasts and buttocks. It’s clear the intent behind this new Pat Down process is to discourage Flyers from opting out of the AIT Scanners,” Said Kate Hanni, Director of Flyers Rights.
“We are asking all Travelers to sign this petition: http://www.petitiononline.com/StopScan/
The Petition is called “ScannerGate: Privacy is Paramount.”
“We believe that all the TSA is doing is adding layers of security- and in this case, more is not better- more is just more. We believe that both the AIT and Enhanced Pat Down Mechanisms are a violation of all Americans 4th Amendment rights against unreasonable search. It’s time for the TSA to adopt Risk Based, Intelligent Screening, and not simply add layers on the existing process.”
Legendary Consumer Rights Advocate Ralph Nader, Attorney Paul Hudson and Flyers Rights Director Kate Hanni had sent a request for a meeting to John Pistole and Janet Napolitano and thus far have not been contacted for that meeting. http://tinyurl.com/2cqomrs
“It’s unacceptable that the TSA and DHS would meet with Travel Groups, Pilots, Flight Attendants, Hotels etc. and NOT meet with the largest passengers rights group in the world,” said Kate.
Flyers Rights advice to their membership and all who are traveling through the holidays is as follows:
o Opt out of scanners
o Ask for a private room for your pat down WITH a witness,
o If you have a child under the age of 12 you can ask the ticket agent if your child was pre-selected for additional screening, if they were you can ask to have them de-selected.
o If during the screening process/pat down you feel you or your child was molested call the authorities.
o Don’t wear metal and if you aren’t pre-selected for additional screening you might avoid the dreaded pat down.
November 14, 2010
Contact: Kate Hanni 707-337-0328
Flyers Rights Launches “ScannerGate” Petition to protest use of
Scanners and “Enhanced” Pat Down Mechanisms as Primary Screening Method
Flyers Rights (www.flyersrights.org) the largest Airline passenger rights group in the world, today announced the launch of a Petition to protest the implementation of Backscatter Advanced Imaging Technology (AIT) Machines as well as the “Enhanced” Pat Down Mechanisms for those who “Opt Out” of the machines.
“The TSA has offered no credible specifications for Radiation emitted by these machines, and multiple constituencies, including the US Airline Pilots Association are declining to be screened. The TSA has also implemented an “Enhanced” Pat Down procedure that includes touching the genitals as well breasts and buttocks. It’s clear the intent behind this new Pat Down process is to discourage Flyers from opting out of the AIT Scanners,” Said Kate Hanni, Director of Flyers Rights.
“We are asking all Travelers to sign this petition: http://www.petitiononline.com/StopScan/
The Petition is called “ScannerGate: Privacy is Paramount.”
“We believe that all the TSA is doing is adding layers of security- and in this case, more is not better- more is just more. We believe that both the AIT and Enhanced Pat Down Mechanisms are a violation of all Americans 4th Amendment rights against unreasonable search. It’s time for the TSA to adopt Risk Based, Intelligent Screening, and not simply add layers on the existing process.”
Legendary Consumer Rights Advocate Ralph Nader, Attorney Paul Hudson and Flyers Rights Director Kate Hanni had sent a request for a meeting to John Pistole and Janet Napolitano and thus far have not been contacted for that meeting. http://tinyurl.com/2cqomrs
“It’s unacceptable that the TSA and DHS would meet with Travel Groups, Pilots, Flight Attendants, Hotels etc. and NOT meet with the largest passengers rights group in the world,” said Kate.
Flyers Rights advice to their membership and all who are traveling through the holidays is as follows:
o Opt out of scanners
o Ask for a private room for your pat down WITH a witness,
o If you have a child under the age of 12 you can ask the ticket agent if your child was pre-selected for additional screening, if they were you can ask to have them de-selected.
o If during the screening process/pat down you feel you or your child was molested call the authorities.
o Don’t wear metal and if you aren’t pre-selected for additional screening you might avoid the dreaded pat down.
Sunday, November 21, 2010
Maker of Naked Body Scanners CEO accompanies President Obama to India...
OSI Systems Chief Executive Officer Joins US Presidential Visit to India
HAWTHORNE, Calif.--(BUSINESS WIRE)-- OSI Systems, Inc. (NASDAQ: OSIS), a vertically-integrated provider of specialized electronic products for critical applications in the Security and Healthcare industries, today announced that Deepak Chopra, Chairman and CEO, was selected to accompany US President, Barack Obama, to Mumbai and attended the US India Business Entrepreneurship meeting, which was held by the US India Business Council (US IBC). The goal of the meeting was to promote further trade between US and India.
Deepak Chopra, OSI Systems President and Chief Executive Officer, stated, "I am honored to be selected to play a role in this very important cause. Currently the trade between US and India is only one tenth of the amount of trade between US and China. There is substantial opportunity to improve the trade relations with India for mutual economic gain."
The US India Business Council is a business advocacy organization representing America's top companies investing in India, joined by global Indian companies, with an aim to deepen trade and strengthen commercial ties.
About OSI Systems, Inc.
OSI Systems, Inc. is a vertically integrated designer and manufacturer of specialized electronic systems and components for critical applications in the homeland security, healthcare, defense and aerospace industries. We combine more than 30 years of electronics engineering and manufacturing experience with offices and production facilities in more than a dozen countries to implement a strategy of expansion into selective end product markets. For more information on OSI Systems Inc. or any of its subsidiary companies, visit www.osi-systems.com. News Filter: OSIS-G
OSI Systems Inc
Ajay Vashishat
Vice President, Business Development
310-349-2237
avashishat@osi-systems.com
Source: OSI Systems, Inc.
News Provided by Acquire Media
HAWTHORNE, Calif.--(BUSINESS WIRE)-- OSI Systems, Inc. (NASDAQ: OSIS), a vertically-integrated provider of specialized electronic products for critical applications in the Security and Healthcare industries, today announced that Deepak Chopra, Chairman and CEO, was selected to accompany US President, Barack Obama, to Mumbai and attended the US India Business Entrepreneurship meeting, which was held by the US India Business Council (US IBC). The goal of the meeting was to promote further trade between US and India.
Deepak Chopra, OSI Systems President and Chief Executive Officer, stated, "I am honored to be selected to play a role in this very important cause. Currently the trade between US and India is only one tenth of the amount of trade between US and China. There is substantial opportunity to improve the trade relations with India for mutual economic gain."
The US India Business Council is a business advocacy organization representing America's top companies investing in India, joined by global Indian companies, with an aim to deepen trade and strengthen commercial ties.
About OSI Systems, Inc.
OSI Systems, Inc. is a vertically integrated designer and manufacturer of specialized electronic systems and components for critical applications in the homeland security, healthcare, defense and aerospace industries. We combine more than 30 years of electronics engineering and manufacturing experience with offices and production facilities in more than a dozen countries to implement a strategy of expansion into selective end product markets. For more information on OSI Systems Inc. or any of its subsidiary companies, visit www.osi-systems.com. News Filter: OSIS-G
OSI Systems Inc
Ajay Vashishat
Vice President, Business Development
310-349-2237
avashishat@osi-systems.com
Source: OSI Systems, Inc.
News Provided by Acquire Media
Sunday, November 14, 2010
Letter to DHS Secretary Napolitano/Adm.Pistole and Secretary LaHood regarding Body Scanners and Pat Downs
November 7, 2010
Hon. Janet Napolitano
Secretary, Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528
Hon. Ray LaHood
Secretary, Department of Transportation
US Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
Administrator John Pistole
US Transportation Security Administration
TSA-1 Administrator
601 South 12th Street
Arlington, VA 20598
Dear Secretaries Napolitano, La Hood, and Administrator Pistole:
We are writing to urgently request a meeting (if possible on November 15th or 18th) with you on the use and roll out of whole body scanners and enhanced pat downs by the TSA. These new procedures are extreme. They involve invasions of the personal privacy with hands being placed on genital areas and private body parts and/or electronic strip searches of airline passengers. They should require an extreme justification.
This new procedure has been received with shock and horror by many airline passengers and will no doubt involve much litigation and national negative publicity as it becomes a standard procedure employed against millions of airline passengers. See attachments.
At the very least, there should be a robust debate by aviation security experts and a full presentation to an expanded Aviation Security Advisory Committee with opportunity for critics to be heard before these new procedures are implemented.
In virtually every case of attempted bombing or hijacking of airliners by a passenger since 9/11, it has been airline passengers with flight attendants who foiled the terrorists, not TSA. Without public support and understanding, terrorists can have a victory merely by generating fear and opposition by the public to TSA procedures, especially if --as some security experts maintain-- the current back scatter scanners are ineffective, unnecessary and their adoption owes more to the political connections of a former Secretary of Homeland Security with financial interests in this technology, than to actual need and merit.
Sincerely,
/s/ Kate Hanni
Executive Director
Flyersrights.org
/s/ Paul Hudson
Executive Director
Aviation Consumer Action Project
Former Member, Aviation Security Advisory Committee (1997-2007)
Member, FAA Aviation Rulemaking Advisory Committee, Executive Committee
/s/ Ralph Nader
Consumer Advocate
Cc TSA Chief Counsel
US Transportation Security Administration
TSA-2 Administrator
601 South 12th Street
Arlington, VA 20598
Contact Information:
FlyersRights.org
1-877-359-3776 Hotline
1-707-337-0328 cellular
Aviation Consumer Action Project
1-410-940-8934
240-391-1923 fax
acapaviation@yahoo.com
Ralph Nader
Consumer Advocate,
P.O. Box 19312 ,
Washington DC 20036
202-387-8030
202-234-5176 fax
Hon. Janet Napolitano
Secretary, Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528
Hon. Ray LaHood
Secretary, Department of Transportation
US Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
Administrator John Pistole
US Transportation Security Administration
TSA-1 Administrator
601 South 12th Street
Arlington, VA 20598
Dear Secretaries Napolitano, La Hood, and Administrator Pistole:
We are writing to urgently request a meeting (if possible on November 15th or 18th) with you on the use and roll out of whole body scanners and enhanced pat downs by the TSA. These new procedures are extreme. They involve invasions of the personal privacy with hands being placed on genital areas and private body parts and/or electronic strip searches of airline passengers. They should require an extreme justification.
This new procedure has been received with shock and horror by many airline passengers and will no doubt involve much litigation and national negative publicity as it becomes a standard procedure employed against millions of airline passengers. See attachments.
At the very least, there should be a robust debate by aviation security experts and a full presentation to an expanded Aviation Security Advisory Committee with opportunity for critics to be heard before these new procedures are implemented.
In virtually every case of attempted bombing or hijacking of airliners by a passenger since 9/11, it has been airline passengers with flight attendants who foiled the terrorists, not TSA. Without public support and understanding, terrorists can have a victory merely by generating fear and opposition by the public to TSA procedures, especially if --as some security experts maintain-- the current back scatter scanners are ineffective, unnecessary and their adoption owes more to the political connections of a former Secretary of Homeland Security with financial interests in this technology, than to actual need and merit.
Sincerely,
/s/ Kate Hanni
Executive Director
Flyersrights.org
/s/ Paul Hudson
Executive Director
Aviation Consumer Action Project
Former Member, Aviation Security Advisory Committee (1997-2007)
Member, FAA Aviation Rulemaking Advisory Committee, Executive Committee
/s/ Ralph Nader
Consumer Advocate
Cc TSA Chief Counsel
US Transportation Security Administration
TSA-2 Administrator
601 South 12th Street
Arlington, VA 20598
Contact Information:
FlyersRights.org
1-877-359-3776 Hotline
1-707-337-0328 cellular
Aviation Consumer Action Project
1-410-940-8934
240-391-1923 fax
acapaviation@yahoo.com
Ralph Nader
Consumer Advocate,
P.O. Box 19312 ,
Washington DC 20036
202-387-8030
202-234-5176 fax
Saturday, October 23, 2010
Must Read Article by FRO Board Member Paul Hudson, esq.
http://library.constantcontact.com/doc200/1102516344999/doc/mXwhHBB0mPPIRtIS.pdf
Monday, October 4, 2010
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News article
Tuesday, September 14, 2010
Stuck on the Tarmac? Not Anymore!
Stuck on the Tarmac? Not Anymore!
Latest DOT Data Proves 3 HOUR Tarmac Rule a Resounding Success for Passengers
Napa, CA-- According to figures released today from the Department of Transportation’s Air Travel Consumer Report for July, the number of flights with delays of more than three hours has dropped an astonishing 98% from a year earlier. The report also found that the period May – June of 2009, there were a total of 463 tarmac delays of over 3 hours at American airports. In the same period for May-July of 2010 that figure dropped to only 7 tarmac delays.
“FlyersRights.org is thrilled with the success of the Tarmac Delay Rule, and continues to seek further protections for the flying public through the next DOT rulemaking International flights being included in the 3 hour rule, transparency of unbundled fees, and many more issues.” said Kate Hanni, founder and spokesman for the flier advocacy group. “We are gratified to see our efforts benefitting the flying public and will continue to support additional protections for the consumer.”
In the three months since the Tarmac Delay Rule was implemented by the Department of Transportation in May 2010, the eighteen domestic airline carriers that file performance data with the DOT report that only American Eagle Airlines registered a total of three flights that were stranded longer than the three-hour limit. On July 23rd, three American Eagle flights originating from Chicago were forced to wait on the runway due to severe thunderstorms in the area. Those flights were ultimately cancelled due to the weather.
The new tarmac delay rule prohibits U.S. airlines operating domestic flights from permitting an aircraft to remain on the tarmac for more than three hours without deplaning passengers, with exceptions allowed only for safety or security or if air traffic control advises the pilot in command that returning to the terminal would disrupt airport operations. Ray LaHood, Secretary of the Department of Transportation, put the popular new rule into place earlier this year in response to public outrage over several highly publicized incidents where flights were delayed sometimes more than 10 hours before passengers were released.
In spite of fierce opposition from the airlines and dire predictions of rampant cancellations due to the new rule, the Bureau of Transportation Statistics shows only a slight increase in cancelled flights.
The drop in tarmac delays was not entirely unexpected since the airlines could be subjected to severe monetary penalties for exceeding the three-hour limitation imposed. But the size of the reduction caught many industry analysts by surprise.
FlyersRights.org is the largest, non-profit, airline passengers rights group in the country with 30,000 members. Contact Kate@flyersrights.org for info or (707) 337-0328
Latest DOT Data Proves 3 HOUR Tarmac Rule a Resounding Success for Passengers
Napa, CA-- According to figures released today from the Department of Transportation’s Air Travel Consumer Report for July, the number of flights with delays of more than three hours has dropped an astonishing 98% from a year earlier. The report also found that the period May – June of 2009, there were a total of 463 tarmac delays of over 3 hours at American airports. In the same period for May-July of 2010 that figure dropped to only 7 tarmac delays.
“FlyersRights.org is thrilled with the success of the Tarmac Delay Rule, and continues to seek further protections for the flying public through the next DOT rulemaking International flights being included in the 3 hour rule, transparency of unbundled fees, and many more issues.” said Kate Hanni, founder and spokesman for the flier advocacy group. “We are gratified to see our efforts benefitting the flying public and will continue to support additional protections for the consumer.”
In the three months since the Tarmac Delay Rule was implemented by the Department of Transportation in May 2010, the eighteen domestic airline carriers that file performance data with the DOT report that only American Eagle Airlines registered a total of three flights that were stranded longer than the three-hour limit. On July 23rd, three American Eagle flights originating from Chicago were forced to wait on the runway due to severe thunderstorms in the area. Those flights were ultimately cancelled due to the weather.
The new tarmac delay rule prohibits U.S. airlines operating domestic flights from permitting an aircraft to remain on the tarmac for more than three hours without deplaning passengers, with exceptions allowed only for safety or security or if air traffic control advises the pilot in command that returning to the terminal would disrupt airport operations. Ray LaHood, Secretary of the Department of Transportation, put the popular new rule into place earlier this year in response to public outrage over several highly publicized incidents where flights were delayed sometimes more than 10 hours before passengers were released.
In spite of fierce opposition from the airlines and dire predictions of rampant cancellations due to the new rule, the Bureau of Transportation Statistics shows only a slight increase in cancelled flights.
The drop in tarmac delays was not entirely unexpected since the airlines could be subjected to severe monetary penalties for exceeding the three-hour limitation imposed. But the size of the reduction caught many industry analysts by surprise.
FlyersRights.org is the largest, non-profit, airline passengers rights group in the country with 30,000 members. Contact Kate@flyersrights.org for info or (707) 337-0328
Monday, September 13, 2010
FlyersRights.org Releases Tax Returns for Public Inspection
FlyersRights.org Releases Tax Returns; Proves What a Grass Roots Organization Can Accomplish With Limited Resources!
NAPA, Calif., Sept. 13 /PRNewswire-USNewswire/ -- FlyersRights.org 990s are now available on our website at http://www.flyersrights.org/tax.pdf for public inspection. We believe the public should have easy access to our organization's 990s.
"With very limited resources, FlyersRights.org was able to accomplish what few other grass roots campaigns have accomplished: meaningful progress toward our goal of recognized rights for airline passengers. Adoption of the 3-hour rule was a huge victory for airline passengers, against an industry that lobbied with millions of dollars to keep passengers captive on board stranded airplanes."
For more information, email kate@flyersrights.com.
Contact: Kate Hanni (707) 337-0328
SOURCE FlyersRights.org
Back to top
RELATED LINKS
http://www.flyersrights.org/
NAPA, Calif., Sept. 13 /PRNewswire-USNewswire/ -- FlyersRights.org 990s are now available on our website at http://www.flyersrights.org/tax.pdf for public inspection. We believe the public should have easy access to our organization's 990s.
"With very limited resources, FlyersRights.org was able to accomplish what few other grass roots campaigns have accomplished: meaningful progress toward our goal of recognized rights for airline passengers. Adoption of the 3-hour rule was a huge victory for airline passengers, against an industry that lobbied with millions of dollars to keep passengers captive on board stranded airplanes."
For more information, email kate@flyersrights.com.
Contact: Kate Hanni (707) 337-0328
SOURCE FlyersRights.org
Back to top
RELATED LINKS
http://www.flyersrights.org/
Tuesday, August 17, 2010
Beer Jumper Sparks Air Travel Debate
Beer Jumper Sparks Air Travel Debate
DOT Rules Working
Legislature in Recess, but Issues Remain
Kate's Week
Volunteer of the Month
JetBlue Flight Attendant Sparks Debate
When JetBlue flight attendant Steven Slater slipped off the end of his rope last week, ranting over the intercom before grabbing a couple of beers from the service cart, activating an exit escape slide, and dramatically exiting the aircraft, he brought airline travel frustration into national headlines.
If you have read a newspaper, watched a TV news show, listened to the radio or opened your own home page, then you are undoubtedly familiar with this incident. The publicity surrounding Slater's action catapulted years of growing air travel frustration, resentment and anger to the front page.
As you'll see in the new "Kate's Week" section below, I've had a busy week, talking about this incident and its meaning. I've been making two points. First, Mr. Slater's actions are really not defensible. Anyone in a customer-facing position cannot treat their customers like that.
At the same time, as I said to Seattle Times reporter Carol Pucci, "Things have reached the tipping point. It's truly trench warfare out there for both passengers and flight attendants." Years of marginalization of both passengers and crew by airlines chasing the bottom line have left us all just fed up on a bunch of levels.
DOT Rules Working
Despite claims and threats by the airlines that the new rules, including the 3 Hour Rule would spark mass cancellations and apocalyptic upheaval for passengers, just the opposite has taken place--tarmac strandings are way down and the number of cancellations has not changed.
According to the latest data, last year in June there were 268 tarmac delays of over 3 hours. This year in June there were 3. Additionally, despite threats that the new rule would cause mass cancellations by the airlines rate was 1.5% this year in June and 1.5% last year in June. To see the latest DOT data on this go to: http://www.bts.gov/press_releases/2010/dot156_10/html/dot156_10.html.
We did this, my friends, and we need to keep the idea moving into federal law.
Congress and Senate in Recess-We Need to Prepare for September
The House of Representatives and the Unites States Senate are in recess right now, but will address the 2010 FAA Reauthorization Bill shortly after they return. We need to plan an event for September to prevent any further kicking of the can down the road...and we'd love ideas and volunteers to help us strategize.
Kate's Week
To keep you better informed on Flyers' Rights efforts on your behalf, I'll try to outline my efforts each week. As you know, I work with the legislative branch and with top-level government officials to keep passenger rights legislation and rulings moving forward. I also spend a lot of time keeping our issues in the public eye by speaking with the media. Flyers' Rights also issues press releases regarding airline travel issues.
Last week, I appeared on ABC's Good Morning America, Inside Edition, NBC's Today Show, and HLN's Jane Velez Mitchell's show. I also gave three newspaper interviews and four radio interviews, including one for NPR. Most of those activities involved discussion of the JetBlue flight attendant incident and its meaning, but some of those events were to discuss the DOT rules.
We Need Your Help
Recent administrative expenses have once again depleted the already bleak Flyers' Rights treasury. Any donation you can make will help keep passenger rights legislation moving forward and our issues in the public eye.
Volunteer of the Month
Our organization functions on the contributions of our members. These contributions are given in time, treasure and talent. Some donors give in more than one way. We would like to thank three very special donors who have given much time, talent and treasure to our organization.
We are woefully behind in sharing our volunteers of the month. We will be including June, July and August in the next three consecutive e-mails. But in an attempt to catch you all up we'll start with May.
May's Volunteer of the Month: Kendall Wright.
Ken has been writing our bulk e-mails and tirelessly keeping up with all of our efforts so that you are in the know! Ken has many talents which are serving our organization well: patience, smarts, and a great sense of humor are just the beginning. Ken dove in as our Director of our Bulk E-mails, but has provided many other gifts to our organization and myself, including helping update our software and organizing our enormous e-mail overload. We cannot thank him enough. (And no, he didn't write this part!)
About Ken:
Kendal Wright is doubly retired; first, from a 21-year aviation career in the US Air Force, and second, from a career in Information Technology as a senior consultant with Digital Equipment Corporation, Compaq Computer Corporation, and the Hewlett-Packard Company. Born and raised in Denver, Colorado, Ken graduated from Colorado State University in 1968. He also holds an MBA from Central Michigan University. His Air Force career included flying C-141, C-130 and C-5 transports and several staff and management jobs. In his second career, he worked with Digital's products and became a senior consultant in Microsoft operating systems and applications. His second retirement came in 2005, and he now devotes his time to his county's Adult Literacy Program and to writing and editing for FlyersRights.org. He lives in northern California and has two daughters and one grandchild.
Stay tuned...
"The War Is Not Over"
Click here to contribute to FlyersRights.org!
http://r20.rs6.net/tn.jsp?et=1103619703699&s=23578&e=001B6-MyxC21e1NeeUstwWXexbd18i26v21_t59QYwVInhZ5vpFdqSTYFVnXWHFqZZDk3_WbZrU4huRU8CVY8b0Rmzz0WMEUB0TyEDmDbWVxrdQ98kTFv50MFN0VnV-xzTkwqr7lbtSLko=
FlyersRights.org | 159 Silverado Springs Drive | Napa | CA | 94558
DOT Rules Working
Legislature in Recess, but Issues Remain
Kate's Week
Volunteer of the Month
JetBlue Flight Attendant Sparks Debate
When JetBlue flight attendant Steven Slater slipped off the end of his rope last week, ranting over the intercom before grabbing a couple of beers from the service cart, activating an exit escape slide, and dramatically exiting the aircraft, he brought airline travel frustration into national headlines.
If you have read a newspaper, watched a TV news show, listened to the radio or opened your own home page, then you are undoubtedly familiar with this incident. The publicity surrounding Slater's action catapulted years of growing air travel frustration, resentment and anger to the front page.
As you'll see in the new "Kate's Week" section below, I've had a busy week, talking about this incident and its meaning. I've been making two points. First, Mr. Slater's actions are really not defensible. Anyone in a customer-facing position cannot treat their customers like that.
At the same time, as I said to Seattle Times reporter Carol Pucci, "Things have reached the tipping point. It's truly trench warfare out there for both passengers and flight attendants." Years of marginalization of both passengers and crew by airlines chasing the bottom line have left us all just fed up on a bunch of levels.
DOT Rules Working
Despite claims and threats by the airlines that the new rules, including the 3 Hour Rule would spark mass cancellations and apocalyptic upheaval for passengers, just the opposite has taken place--tarmac strandings are way down and the number of cancellations has not changed.
According to the latest data, last year in June there were 268 tarmac delays of over 3 hours. This year in June there were 3. Additionally, despite threats that the new rule would cause mass cancellations by the airlines rate was 1.5% this year in June and 1.5% last year in June. To see the latest DOT data on this go to: http://www.bts.gov/press_releases/2010/dot156_10/html/dot156_10.html.
We did this, my friends, and we need to keep the idea moving into federal law.
Congress and Senate in Recess-We Need to Prepare for September
The House of Representatives and the Unites States Senate are in recess right now, but will address the 2010 FAA Reauthorization Bill shortly after they return. We need to plan an event for September to prevent any further kicking of the can down the road...and we'd love ideas and volunteers to help us strategize.
Kate's Week
To keep you better informed on Flyers' Rights efforts on your behalf, I'll try to outline my efforts each week. As you know, I work with the legislative branch and with top-level government officials to keep passenger rights legislation and rulings moving forward. I also spend a lot of time keeping our issues in the public eye by speaking with the media. Flyers' Rights also issues press releases regarding airline travel issues.
Last week, I appeared on ABC's Good Morning America, Inside Edition, NBC's Today Show, and HLN's Jane Velez Mitchell's show. I also gave three newspaper interviews and four radio interviews, including one for NPR. Most of those activities involved discussion of the JetBlue flight attendant incident and its meaning, but some of those events were to discuss the DOT rules.
We Need Your Help
Recent administrative expenses have once again depleted the already bleak Flyers' Rights treasury. Any donation you can make will help keep passenger rights legislation moving forward and our issues in the public eye.
Volunteer of the Month
Our organization functions on the contributions of our members. These contributions are given in time, treasure and talent. Some donors give in more than one way. We would like to thank three very special donors who have given much time, talent and treasure to our organization.
We are woefully behind in sharing our volunteers of the month. We will be including June, July and August in the next three consecutive e-mails. But in an attempt to catch you all up we'll start with May.
May's Volunteer of the Month: Kendall Wright.
Ken has been writing our bulk e-mails and tirelessly keeping up with all of our efforts so that you are in the know! Ken has many talents which are serving our organization well: patience, smarts, and a great sense of humor are just the beginning. Ken dove in as our Director of our Bulk E-mails, but has provided many other gifts to our organization and myself, including helping update our software and organizing our enormous e-mail overload. We cannot thank him enough. (And no, he didn't write this part!)
About Ken:
Kendal Wright is doubly retired; first, from a 21-year aviation career in the US Air Force, and second, from a career in Information Technology as a senior consultant with Digital Equipment Corporation, Compaq Computer Corporation, and the Hewlett-Packard Company. Born and raised in Denver, Colorado, Ken graduated from Colorado State University in 1968. He also holds an MBA from Central Michigan University. His Air Force career included flying C-141, C-130 and C-5 transports and several staff and management jobs. In his second career, he worked with Digital's products and became a senior consultant in Microsoft operating systems and applications. His second retirement came in 2005, and he now devotes his time to his county's Adult Literacy Program and to writing and editing for FlyersRights.org. He lives in northern California and has two daughters and one grandchild.
Stay tuned...
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Thursday, August 12, 2010
Are YOU An Annoying Passenger? Great Story by airfarewatchdog.com
Are YOU An Annoying Passenger?
August 11, 2010
By Tracy William Stewart
Airfarewatchdog.com
Let's see...when last we saw an evacuation chute make the news, it was being put to use in the icy winter waters of the Hudson. Remember that? And here we are again, another dramatic exit by emergency chute. Only this time, minus the emergency. Just a flight attendant, holding a beer, going down a slide.
So why is America so quick to call Steven Slater a hero? Though he didn't save anyone, his dramatic stand against bad manners obviously resonates with people. While most folks will agree that, yes, he overreacted here, there seems to be little doubt among the online community that the passenger that drove Mr. Slater over the edge is just as much, if not more, out of line in her behavior.
And this is reassuring why? Because this outpouring of support seems to indicate that most people can spot annoying behaviors when they see them. If only we could say the same for everyone we've encountered during our travels, not only on the plane but in the airport as well. Are you an annoying traveler? Nobody is perfect, but here are a few guidelines to help keep your behavior in check.
1. You may find small inconsistencies here and there, but security regulations are pretty much standard across the board. Is it really a surprise that your cellphone will set off the metal detector? Help speed things up by placing all your metal and electronic doodads in a coat pocket or carry-on pouch, remove your laptop from its case, have liquids/gels/toiletries in the TSA-approved quart-sized bag, and have those shoes ready to toss in the tray. And yes, that nonfat macchiato you just bought does in fact count as a liquid. As does that 6 gallon vat of Gold Bond Medicated Cream you forgot to put in your checked baggage. Don't argue with the nice agent. Keep it moving.
2. Standing still on the people mover. Exhilarating, isn't it? Enjoy the ride! But at least move to the right so others can get around. And move those bags out of the way too. Thanks!
3. Carry-ons and overheads, bad news first: You may have to store your carry-on in an overhead bin other than the one directly above your seat. The good news? Every overhead bin on the plane is going to the same place you're going! Quelle coinkidink! Heck, even if you're asked to check your carry-on, you'll still see it again upon arrival. A slight inconvenience, yes, but no need for a meltdown. Just take whatever items you may need during the flight and keep them under the seat in front of you. No biggie.
4. Be accommodating to your seatmates and fellow passengers, without being creepy. Are they avoiding eye contact when taking their seat? If so, they probably aren't up for a get-to-know-you chitchat. Taking the redeye and notice everyone in your row sleeping? Then keep your shade down and turn the reading light off a little sooner. And would it kill you to swap seats so that family can seat together? Probably not.
5. Whoa there, Burger King, go easy on the smells. You wouldn't want your seatmate blowing stogie smoke in your face, and that steaming Whopper with onion isn';t any better. If you're starving, forgo that grease-blotted bag of fast food for something a little more discrete. Have you ever in your life caught a whiff of M&Ms, or a ham and cheese, or a bag of trail-mix? No? Well, there you go. Buy those instead.
And this isn't solely a food offense. Remember, you're in a plane, not the hair & make-up trailer. While your attempts at getting beautiful are sure to be a hit on the ground, the nail polish and the Axe body spray aren't gonna make you any friends up in the air. At the very least, do your spritzing and fixing in the lavatory. Related: Armpits and feet...hellooo? Are you smuggling Doritos in those socks? Keep it clean, people.
6. Surely, you've heard. All portable electronics, mobile phones, laptops, etc. must be switched off during take-off and landing. Think this rule is just a bunch of hooey? Whatever effect your last minute call to the office might have on the delicate instruments of the aircraft is not up for debate. It's a risk your fellow passengers and their families probably don't care to take. So, whatever it is, it can wait. And please don't give the crew any lip if they ask you again to turn it off, mmkay?
7. Kicking and screaming. This is a delicate one, but not necessarily all that complicated. Parents traveling with children, please keep your child from kicking the back of the seat, slipping arms between seats, yelling, and being a nuisance to fellow passengers. You may be desensitized to this sort of thing, but the guy in front of you is not. Annoyed passenger, should the trouble persist and you have to ask the parent to intervene, do so in a polite and pleasant tone. Making someone feel like an inadequate parent will only make things worse.
As for crying infants...well, sorry, it happens. And there's not much to be done about it. One thing's for sure. Those pricey noise canceling headphones you passed up on the ground are looking puh-retty worth it about now, aren't they? Maybe buy them next time. You'll be so glad you did.
8. Clapping upon landing? Really? This one isn't so much annoying as it is baffling. How exactly did you imagine this flight would end?
9. Stay seated until the aircraft has reached the gate. Yes, the siren song of 200-something seat belts unfastening in unison is very exciting. You've landed, you want to stand up, and you want your stuff! But hang cool, teddybear. Even if by some chance you've collected your things from the overhead the moment the wheels touch the ground...uh, where exactly do you plan on going? The door is still closed and there are about 60 people seated in the rows before you, all of whom are just as eager to deplane.
10. Once at baggage claim, all sense of personal space seems to go out the window. And it's no wonder, after having spent all those hours confined to such a tiny seat. But don't wriggle your way through a cluster of waiting people only to block their access to the belt. That's annoying. Those people are waiting on their bag too. The conveyor belt is long and winding, with plenty of room for everyone.
Are we missing anything? If so, feel free to add your own travel annoyances below.
August 11, 2010
By Tracy William Stewart
Airfarewatchdog.com
Let's see...when last we saw an evacuation chute make the news, it was being put to use in the icy winter waters of the Hudson. Remember that? And here we are again, another dramatic exit by emergency chute. Only this time, minus the emergency. Just a flight attendant, holding a beer, going down a slide.
So why is America so quick to call Steven Slater a hero? Though he didn't save anyone, his dramatic stand against bad manners obviously resonates with people. While most folks will agree that, yes, he overreacted here, there seems to be little doubt among the online community that the passenger that drove Mr. Slater over the edge is just as much, if not more, out of line in her behavior.
And this is reassuring why? Because this outpouring of support seems to indicate that most people can spot annoying behaviors when they see them. If only we could say the same for everyone we've encountered during our travels, not only on the plane but in the airport as well. Are you an annoying traveler? Nobody is perfect, but here are a few guidelines to help keep your behavior in check.
1. You may find small inconsistencies here and there, but security regulations are pretty much standard across the board. Is it really a surprise that your cellphone will set off the metal detector? Help speed things up by placing all your metal and electronic doodads in a coat pocket or carry-on pouch, remove your laptop from its case, have liquids/gels/toiletries in the TSA-approved quart-sized bag, and have those shoes ready to toss in the tray. And yes, that nonfat macchiato you just bought does in fact count as a liquid. As does that 6 gallon vat of Gold Bond Medicated Cream you forgot to put in your checked baggage. Don't argue with the nice agent. Keep it moving.
2. Standing still on the people mover. Exhilarating, isn't it? Enjoy the ride! But at least move to the right so others can get around. And move those bags out of the way too. Thanks!
3. Carry-ons and overheads, bad news first: You may have to store your carry-on in an overhead bin other than the one directly above your seat. The good news? Every overhead bin on the plane is going to the same place you're going! Quelle coinkidink! Heck, even if you're asked to check your carry-on, you'll still see it again upon arrival. A slight inconvenience, yes, but no need for a meltdown. Just take whatever items you may need during the flight and keep them under the seat in front of you. No biggie.
4. Be accommodating to your seatmates and fellow passengers, without being creepy. Are they avoiding eye contact when taking their seat? If so, they probably aren't up for a get-to-know-you chitchat. Taking the redeye and notice everyone in your row sleeping? Then keep your shade down and turn the reading light off a little sooner. And would it kill you to swap seats so that family can seat together? Probably not.
5. Whoa there, Burger King, go easy on the smells. You wouldn't want your seatmate blowing stogie smoke in your face, and that steaming Whopper with onion isn';t any better. If you're starving, forgo that grease-blotted bag of fast food for something a little more discrete. Have you ever in your life caught a whiff of M&Ms, or a ham and cheese, or a bag of trail-mix? No? Well, there you go. Buy those instead.
And this isn't solely a food offense. Remember, you're in a plane, not the hair & make-up trailer. While your attempts at getting beautiful are sure to be a hit on the ground, the nail polish and the Axe body spray aren't gonna make you any friends up in the air. At the very least, do your spritzing and fixing in the lavatory. Related: Armpits and feet...hellooo? Are you smuggling Doritos in those socks? Keep it clean, people.
6. Surely, you've heard. All portable electronics, mobile phones, laptops, etc. must be switched off during take-off and landing. Think this rule is just a bunch of hooey? Whatever effect your last minute call to the office might have on the delicate instruments of the aircraft is not up for debate. It's a risk your fellow passengers and their families probably don't care to take. So, whatever it is, it can wait. And please don't give the crew any lip if they ask you again to turn it off, mmkay?
7. Kicking and screaming. This is a delicate one, but not necessarily all that complicated. Parents traveling with children, please keep your child from kicking the back of the seat, slipping arms between seats, yelling, and being a nuisance to fellow passengers. You may be desensitized to this sort of thing, but the guy in front of you is not. Annoyed passenger, should the trouble persist and you have to ask the parent to intervene, do so in a polite and pleasant tone. Making someone feel like an inadequate parent will only make things worse.
As for crying infants...well, sorry, it happens. And there's not much to be done about it. One thing's for sure. Those pricey noise canceling headphones you passed up on the ground are looking puh-retty worth it about now, aren't they? Maybe buy them next time. You'll be so glad you did.
8. Clapping upon landing? Really? This one isn't so much annoying as it is baffling. How exactly did you imagine this flight would end?
9. Stay seated until the aircraft has reached the gate. Yes, the siren song of 200-something seat belts unfastening in unison is very exciting. You've landed, you want to stand up, and you want your stuff! But hang cool, teddybear. Even if by some chance you've collected your things from the overhead the moment the wheels touch the ground...uh, where exactly do you plan on going? The door is still closed and there are about 60 people seated in the rows before you, all of whom are just as eager to deplane.
10. Once at baggage claim, all sense of personal space seems to go out the window. And it's no wonder, after having spent all those hours confined to such a tiny seat. But don't wriggle your way through a cluster of waiting people only to block their access to the belt. That's annoying. Those people are waiting on their bag too. The conveyor belt is long and winding, with plenty of room for everyone.
Are we missing anything? If so, feel free to add your own travel annoyances below.
Sunday, August 8, 2010
DOT Extends Period for commenting on proposed rule enhancing airline passenger protections
DOT extends period for commenting on proposed rule enhancing airline passenger protections
In response to numerous requests, DOT has extended the comment period for “Enhancing Airline Passenger Protections,” a Notice of Proposed Rulemaking the agency issued in June 2010, from August 9 to September 23, 2010. If adopted, the proposed rule, which can be found at 75 F.R. 32318 (June 8, 2010), would substantially expand DOT’s rule of the same name that regulates lengthy tarmac delays and went into effect on April 29, 2010. See 74 F.R. 68983 (Dec. 30, 2009).
Although the proposed rule covers 12 different areas, its primary focus is on tarmac delays.
The rule that went into effect on April 29 requires that each covered U.S. airline adopt a “Contingency Plan for Lengthy Tarmac Delays” that applies to its “scheduled and public charter flights at each large and medium hub U.S. airport.” For domestic flights, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac for more than three hours, unless certain safety or security conditions apply. For international flights that depart from or arrive at a U.S. airport, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac “for more than a set number of hours, as determined by the carrier and set out in its contingency plan,” unless certain safety or security conditions apply. For all flights, the Contingency Plan must include an assurance that the airline will provide adequate food and water, lavatory facilities and, if needed, medical attention. The required Contingency Plan assurances are all contained in 14 C.F.R. § 259.4.
An airline’s failure to comply with any of the required Contingency Plan assurances is considered an unfair and deceptive practice within the meaning of 49 U.S.C. § 41712. See 14 C.F.R. § 259.4(e). This means that a violation of the assurances could result in, pursuant to 14 C.F.R. § 383.2, a civil penalty by DOT of up to $27,500 per violation.
DOT’s proposed rule would expand 14 C.F.R. § 259.4 by requiring, among other things, (i) each foreign airline operating scheduled passenger or public charter service to and from the United States to adopt a contingency plan “that includes minimum assurances identical to those currently required of U.S. carriers for the latter’s international flights,” and (ii) each covered airline to adopt a contingency plan covering not just large hub and medium hub U.S. airports, but small hub and non-hub U.S. airports as well.
Thus, if the proposed rule were adopted in its present form, it would not result in the imposition of a fixed time limit for U.S. or foreign airlines to deplane passengers on international flights during tarmac delays. But a fixed time limit might be on the horizon. While DOT recognizes that “most international flights operate less frequently than most domestic flights, potentially resulting in much greater harm to consumers if carriers cancel these international flights (e.g., passengers are less likely to be accommodated on an alternate flight in a reasonable period of time)”, DOT nonetheless is requesting comments “on whether any final rule that we adopt should include a uniform standard for the time interval after which U.S. or foreign air carriers would be required to allow passengers on international flights to deplane.”
The proposed rule also proposes to strengthen the oversales (or “bumping”) regulations in 14 C.F.R. Part 250, to strengthen DOT’s enforcement policy regarding full fare advertising, to codify DOT’s longstanding policy that a forum selection provision in an airline’s contract of carriage is an unfair and deceptive practice under certain circumstances and to make several other substantial consumer-oriented changes. One of these other proposed changes pertains to the accommodation of travelers with peanut allergies.
Although the regulations implementing the Air Carrier Access Act and the Americans with Disabilities Act define “disability” using almost identical language (compare 14 C.F.R. § 382.3 with 42 U.S.C. § 12102(1)), DOT considers a severe peanut allergy to be a “disability,” while the Eighth Circuit, the only federal appeals court to rule on this issue, held that it is not a “disability.” See Land v. Baptist Medical Center, 164 F.3d 423 (8th Cir. 1999). In 1998, DOT attempted to enforce its policy by requiring that airlines, if given advance notice, provide a “peanut-free buffer zone” in the immediate area of a passenger with a severe peanut allergy. In 1999, Congress smacked this requirement down, and DOT backed off – until now.
The notice indicates that DOT is considering the following alternative measures to address the peanut allergy issue: (i) “banning the serving of peanuts and all peanut products by both U.S. and foreign carriers on flights covered by DOT’s disability rule,” (ii) “banning the serving of peanuts and all peanut products on all such flights where a passenger with a peanut allergy is on board and has requested a peanut-free flight in advance,” and (iii) “requiring a peanut-free buffer zone in the immediate area of a passenger with a medically-documented severe allergy to peanuts if [the] passenger has requested a peanut-free flight in advance.”
The peanut growers’ trade associations are very strong, they remember the peanut allergy rebellion of 1998-99 very clearly and they responded very quickly. As a result, on June 22, DOT issued a “Clarification” recognizing that, as a result of the 1999 legislation, it is barred from adopting any peanut restrictions “until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.” The Clarification does not mention whether DOT intends to commission such a study.
The notice also indicates that DOT is considering requiring that carriers make epinephrine auto-injectors available on flights; it requests comments on the question of “Who should be responsible for ensuring an epinephrine auto-injector is available on a flight – the passenger with a severe peanut allergy or the carrier?” Of course, this question raises others as well. If airlines are required to stock Epi-Pens on their aircraft, will flight attendants be required to inject passengers under certain circumstances? Should an Epi-Pen be given to an unaccompanied minor? Will airlines be liable if the passenger has an adverse reaction to the epinephrine? If the aircraft are being stocked with Epi-Pens, then why not also stock them with insulin and other medicines? One can only hope that, ultimately, DOT is able to resist its apparent desire to make airline personnel try to function as immunologists.
Comments on the proposed rule may be filed in docket DOT-OST-2010-0140.
--------------------------------------------------------------------------------
Possibly related posts: (automatically generated)
Feds propose new airline passenger protections
Airlines are more crowded than ever
Everyday lithium batteries at center of debate about cargo handling
Ads by Google
San Francisco Coupons
1 ridiculously huge coupon a day. It's like doing The Bay at 90% off!
www.Groupon.com/San-Francisco
This entry was posted on Tuesday, August 3rd, 2010 at 9:33 pm and is filed under Air Carrier Access Act, Airline Passenger Bill of Rights Act, Airlines, Ground delay. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
In response to numerous requests, DOT has extended the comment period for “Enhancing Airline Passenger Protections,” a Notice of Proposed Rulemaking the agency issued in June 2010, from August 9 to September 23, 2010. If adopted, the proposed rule, which can be found at 75 F.R. 32318 (June 8, 2010), would substantially expand DOT’s rule of the same name that regulates lengthy tarmac delays and went into effect on April 29, 2010. See 74 F.R. 68983 (Dec. 30, 2009).
Although the proposed rule covers 12 different areas, its primary focus is on tarmac delays.
The rule that went into effect on April 29 requires that each covered U.S. airline adopt a “Contingency Plan for Lengthy Tarmac Delays” that applies to its “scheduled and public charter flights at each large and medium hub U.S. airport.” For domestic flights, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac for more than three hours, unless certain safety or security conditions apply. For international flights that depart from or arrive at a U.S. airport, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac “for more than a set number of hours, as determined by the carrier and set out in its contingency plan,” unless certain safety or security conditions apply. For all flights, the Contingency Plan must include an assurance that the airline will provide adequate food and water, lavatory facilities and, if needed, medical attention. The required Contingency Plan assurances are all contained in 14 C.F.R. § 259.4.
An airline’s failure to comply with any of the required Contingency Plan assurances is considered an unfair and deceptive practice within the meaning of 49 U.S.C. § 41712. See 14 C.F.R. § 259.4(e). This means that a violation of the assurances could result in, pursuant to 14 C.F.R. § 383.2, a civil penalty by DOT of up to $27,500 per violation.
DOT’s proposed rule would expand 14 C.F.R. § 259.4 by requiring, among other things, (i) each foreign airline operating scheduled passenger or public charter service to and from the United States to adopt a contingency plan “that includes minimum assurances identical to those currently required of U.S. carriers for the latter’s international flights,” and (ii) each covered airline to adopt a contingency plan covering not just large hub and medium hub U.S. airports, but small hub and non-hub U.S. airports as well.
Thus, if the proposed rule were adopted in its present form, it would not result in the imposition of a fixed time limit for U.S. or foreign airlines to deplane passengers on international flights during tarmac delays. But a fixed time limit might be on the horizon. While DOT recognizes that “most international flights operate less frequently than most domestic flights, potentially resulting in much greater harm to consumers if carriers cancel these international flights (e.g., passengers are less likely to be accommodated on an alternate flight in a reasonable period of time)”, DOT nonetheless is requesting comments “on whether any final rule that we adopt should include a uniform standard for the time interval after which U.S. or foreign air carriers would be required to allow passengers on international flights to deplane.”
The proposed rule also proposes to strengthen the oversales (or “bumping”) regulations in 14 C.F.R. Part 250, to strengthen DOT’s enforcement policy regarding full fare advertising, to codify DOT’s longstanding policy that a forum selection provision in an airline’s contract of carriage is an unfair and deceptive practice under certain circumstances and to make several other substantial consumer-oriented changes. One of these other proposed changes pertains to the accommodation of travelers with peanut allergies.
Although the regulations implementing the Air Carrier Access Act and the Americans with Disabilities Act define “disability” using almost identical language (compare 14 C.F.R. § 382.3 with 42 U.S.C. § 12102(1)), DOT considers a severe peanut allergy to be a “disability,” while the Eighth Circuit, the only federal appeals court to rule on this issue, held that it is not a “disability.” See Land v. Baptist Medical Center, 164 F.3d 423 (8th Cir. 1999). In 1998, DOT attempted to enforce its policy by requiring that airlines, if given advance notice, provide a “peanut-free buffer zone” in the immediate area of a passenger with a severe peanut allergy. In 1999, Congress smacked this requirement down, and DOT backed off – until now.
The notice indicates that DOT is considering the following alternative measures to address the peanut allergy issue: (i) “banning the serving of peanuts and all peanut products by both U.S. and foreign carriers on flights covered by DOT’s disability rule,” (ii) “banning the serving of peanuts and all peanut products on all such flights where a passenger with a peanut allergy is on board and has requested a peanut-free flight in advance,” and (iii) “requiring a peanut-free buffer zone in the immediate area of a passenger with a medically-documented severe allergy to peanuts if [the] passenger has requested a peanut-free flight in advance.”
The peanut growers’ trade associations are very strong, they remember the peanut allergy rebellion of 1998-99 very clearly and they responded very quickly. As a result, on June 22, DOT issued a “Clarification” recognizing that, as a result of the 1999 legislation, it is barred from adopting any peanut restrictions “until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.” The Clarification does not mention whether DOT intends to commission such a study.
The notice also indicates that DOT is considering requiring that carriers make epinephrine auto-injectors available on flights; it requests comments on the question of “Who should be responsible for ensuring an epinephrine auto-injector is available on a flight – the passenger with a severe peanut allergy or the carrier?” Of course, this question raises others as well. If airlines are required to stock Epi-Pens on their aircraft, will flight attendants be required to inject passengers under certain circumstances? Should an Epi-Pen be given to an unaccompanied minor? Will airlines be liable if the passenger has an adverse reaction to the epinephrine? If the aircraft are being stocked with Epi-Pens, then why not also stock them with insulin and other medicines? One can only hope that, ultimately, DOT is able to resist its apparent desire to make airline personnel try to function as immunologists.
Comments on the proposed rule may be filed in docket DOT-OST-2010-0140.
--------------------------------------------------------------------------------
Possibly related posts: (automatically generated)
Feds propose new airline passenger protections
Airlines are more crowded than ever
Everyday lithium batteries at center of debate about cargo handling
Ads by Google
San Francisco Coupons
1 ridiculously huge coupon a day. It's like doing The Bay at 90% off!
www.Groupon.com/San-Francisco
This entry was posted on Tuesday, August 3rd, 2010 at 9:33 pm and is filed under Air Carrier Access Act, Airline Passenger Bill of Rights Act, Airlines, Ground delay. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
Friday, August 6, 2010
Tarmac Rule is Working! The Sky is Not Falling! Wall Street Journal's Middle Seat
August 4, 2010, 2:12 PM ET.Canceled Flights Up Slightly in July.Airlines threatened to cancel scads of flights if the Department of Transportation put through its three-hour tarmac-delay limit. The DOT did, and airlines seem to be adjusting without throwing their operations and summer air travel into cancellation chaos.
A July 15 Middle Seat looked at May and June. Now we have some preliminary July data from FlightStats.com, which tracks airline flights, showing much the same.
The weather seems to have been worse for airlines in July. On-time performance for the U.S. industry dropped to 76.1% from 77.6% in July 2009, and there were fewer flights operating because of airline schedule cuts. (Less congestion generally translates into improved on-time arrivals.) The percentage of U.S. flights arriving 45 minutes or more past their scheduled arrival time also increased, to 9.8% of all flights tracked by FlightStats, compared to 9.1% last year.
And cancellations showed a similar small increase, to 1.4% of all flights from 1.2% last year. In terms of total numbers, there were 9,759 cancellations counted by FlightStats compared to 9,336 in July 2009.
With May and June, airlines said in the July Middle Seat that the tarmac-delay rule, which threatens massive fines if airlines leave flights stranded, had little impact. Even airlines with big increases in cancellations and plenty of incentive to blame the tarmac rule said other factors were to blame–their own maintenance issues, for example, and volcanic ash in Iceland and Central America.
To be sure, there are flights that get canceled because they are approaching the three-hour limit, or airlines simply fear launching them into a potential long delay. But volcanoes and other factors had far more impact.
A study by two aviation consultants, by the way, looked at an increase in May cancellations and concluded the tarmac-delay rule was to blame. The DOT refuted that, and airlines themselves did as much in the July Middle Seat story.
Instead of massive cancellations, airlines and airports have worked hard to put systems in place to comply with the new rule. In the end, travelers may get more reliable transportation. While some flights will get canceled because of the rule, many probably enjoyed shorter waits to takeoff and better service upon landing because of the increased monitoring of flights and changes in operations to avoid long delays.
The FlightStats numbers are raw – DOT publishes more refined data, but with a much longer time lag. Next week, DOT will release June operations numbers. FlightStats, which is used by airlines and airports as well as frequent travelers and gets data directly from airline systems and the Federal Aviation Administration, already has July available. There are other advantages: FlightStats looks at a broader universe – more U.S. airlines than DOT reports. It’s a good resource, but by no means the definitive accounting of how the system worked.
Still, by most accounts, the system is working this summer, even better than airlines themselves predicted.
A July 15 Middle Seat looked at May and June. Now we have some preliminary July data from FlightStats.com, which tracks airline flights, showing much the same.
The weather seems to have been worse for airlines in July. On-time performance for the U.S. industry dropped to 76.1% from 77.6% in July 2009, and there were fewer flights operating because of airline schedule cuts. (Less congestion generally translates into improved on-time arrivals.) The percentage of U.S. flights arriving 45 minutes or more past their scheduled arrival time also increased, to 9.8% of all flights tracked by FlightStats, compared to 9.1% last year.
And cancellations showed a similar small increase, to 1.4% of all flights from 1.2% last year. In terms of total numbers, there were 9,759 cancellations counted by FlightStats compared to 9,336 in July 2009.
With May and June, airlines said in the July Middle Seat that the tarmac-delay rule, which threatens massive fines if airlines leave flights stranded, had little impact. Even airlines with big increases in cancellations and plenty of incentive to blame the tarmac rule said other factors were to blame–their own maintenance issues, for example, and volcanic ash in Iceland and Central America.
To be sure, there are flights that get canceled because they are approaching the three-hour limit, or airlines simply fear launching them into a potential long delay. But volcanoes and other factors had far more impact.
A study by two aviation consultants, by the way, looked at an increase in May cancellations and concluded the tarmac-delay rule was to blame. The DOT refuted that, and airlines themselves did as much in the July Middle Seat story.
Instead of massive cancellations, airlines and airports have worked hard to put systems in place to comply with the new rule. In the end, travelers may get more reliable transportation. While some flights will get canceled because of the rule, many probably enjoyed shorter waits to takeoff and better service upon landing because of the increased monitoring of flights and changes in operations to avoid long delays.
The FlightStats numbers are raw – DOT publishes more refined data, but with a much longer time lag. Next week, DOT will release June operations numbers. FlightStats, which is used by airlines and airports as well as frequent travelers and gets data directly from airline systems and the Federal Aviation Administration, already has July available. There are other advantages: FlightStats looks at a broader universe – more U.S. airlines than DOT reports. It’s a good resource, but by no means the definitive accounting of how the system worked.
Still, by most accounts, the system is working this summer, even better than airlines themselves predicted.
Thursday, August 5, 2010
7 Dogs Dead after American Airlines Flight
(CNN) -- Authorities were investigating the deaths of seven dogs after an American Airlines flight to Chicago.
Flight 851 was an hour late taking off from Tulsa, Oklahoma, Tuesday morning, according to Mary Frances Fagan, director of corporate communications for American Airlines. The flight arrived at Chicago's O'Hare International Airport at 8:54 a.m. with 14 dog kennels on board.
All the dogs on Flight 851 were "bound for other locations," Fagan said. When ramp workers began the process of moving the dogs to the other flights, they noticed the animals looked "lethargic." They tried to cool them down. The animals were taken from the airport to a veterinarian, Fagan said. Seven dogs later died.
The incident was under investigation. The dogs are being necropsied. The airline said it has drawn no conclusions on what happened.
"We normally transport 100,000 or more every year. We certainly do value pets that our customers have as well as our own," Fagan said.
The American Airlines website details rules for accepting dogs and cats on aircraft. Among them: "Temperature restrictions have been established to ensure animals are not exposed to extreme heat or cold in the animal holding areas, terminal facilities, when moving the animals between terminal and aircraft or on an aircraft awaiting departure."
The airline's website says pets cannot be accepted when the current or forecasted temperature is warmer than 85 degrees at any location on the itinerary.
The Dallas Morning News reported the temperature at Tulsa International Airport was already 86 degrees at 7 a.m. before the plane's departure, and 87 degrees at 8 a.m.
Flight 851 was an hour late taking off from Tulsa, Oklahoma, Tuesday morning, according to Mary Frances Fagan, director of corporate communications for American Airlines. The flight arrived at Chicago's O'Hare International Airport at 8:54 a.m. with 14 dog kennels on board.
All the dogs on Flight 851 were "bound for other locations," Fagan said. When ramp workers began the process of moving the dogs to the other flights, they noticed the animals looked "lethargic." They tried to cool them down. The animals were taken from the airport to a veterinarian, Fagan said. Seven dogs later died.
The incident was under investigation. The dogs are being necropsied. The airline said it has drawn no conclusions on what happened.
"We normally transport 100,000 or more every year. We certainly do value pets that our customers have as well as our own," Fagan said.
The American Airlines website details rules for accepting dogs and cats on aircraft. Among them: "Temperature restrictions have been established to ensure animals are not exposed to extreme heat or cold in the animal holding areas, terminal facilities, when moving the animals between terminal and aircraft or on an aircraft awaiting departure."
The airline's website says pets cannot be accepted when the current or forecasted temperature is warmer than 85 degrees at any location on the itinerary.
The Dallas Morning News reported the temperature at Tulsa International Airport was already 86 degrees at 7 a.m. before the plane's departure, and 87 degrees at 8 a.m.
Wednesday, August 4, 2010
Airline Baggage Transparency and Accountability Act
For Immediate Release Contact: Kate Hanni (707)337-0328
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers
Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.
“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”
The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.
“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”
For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.
CRA10412 S.L.C.
111TH CONGRESS
2D SESSION S. ll
To establish rules to assist consumers to compare airfares and other costs
applicable to tickets for air transportation, to amend the Internal Revenue
Code of 1986 to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise tax imposed
on transportation of persons by air, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. WEBB introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To establish rules to assist consumers to compare airfares
and other costs applicable to tickets for air transportation,
to amend the Internal Revenue Code of 1986
to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise
tax imposed on transportation of persons by air, and
for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
2
CRA10412 S.L.C.
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Airline Baggage Ac3
countability and Greater Security Act’’ or the ‘‘Airline
4 BAGS Act’’.
5 SEC. 2. NOTIFICATION REQUIREMENTS WITH RESPECT TO
6 THE SALE OF AIRLINE TICKETS.
7 (a) IN GENERAL.—The Office of Aviation Consumer
8 Protection and Enforcement of the Department of Trans9
portation shall establish rules to ensure that all consumers
10 are able to easily and fairly compare airfares and other
11 costs applicable to tickets for air transportation, including
12 all taxes and fees.
13 (b) NOTICE OF TAXES AND FEES APPLICABLE TO
14 TICKETS FOR AIR TRANSPORTATION.—Section 41712 of
15 title 49, United States Code, is amended by adding at the
16 end the following:
17 ‘‘(c) NOTICE OF TAXES AND FEES APPLICABLE TO
18 TICKETS FOR AIR TRANSPORTATION.—
19 ‘‘(1) IN GENERAL.—It shall be an unfair or de20
ceptive practice under subsection (a) for an air car21
rier, foreign air carrier, or ticket agent to sell a tick22
et for air transportation unless the air carrier, for23
eign air carrier, or ticket agent, as the case may
24 be—
25 ‘‘(A) displays information with respect to
26 the taxes and fees described in paragraph (2),
3
CRA10412 S.L.C.
1 including the amount and a description of each
2 such tax or fee, simultaneously with and in rea3
sonable proximity to the price listed for the
4 ticket; and
5 ‘‘(B) in the case of a ticket for air trans6
portation sold on the Internet, provides to the
7 purchaser of the ticket information with respect
8 to the taxes and fees described in paragraph
9 (2), including the amount and a description of
10 each such tax or fee, before requiring the pur11
chaser to provide any personal information, in12
cluding the name, address, phone number, e13
mail address, or credit card information of the
14 purchaser.
15 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes
16 and fees described in this paragraph are all taxes,
17 fees, and charges applicable to a ticket for air trans18
portation, including—
19 ‘‘(A) all taxes, fees, charges, and sur20
charges included in the price paid by a pur21
chaser for the ticket, including fuel surcharges
22 and surcharges relating to peak or holiday trav23
el; and
24 ‘‘(B) any fees for checked baggage, seating
25 assignments, and optional in-flight goods and
4
CRA10412 S.L.C.
1 services, and other fees that may be charged
2 after the ticket is purchased.’’.
3 (c) RULEMAKING.—The Secretary of Transportation,
4 in consultation with the Administrator of the Federal
5 Aviation Administration, shall prescribe such regulations
6 as may be necessary to carry out section 41712(c) of title
7 49, United States Code, as added by subsection (b).
8 SEC. 3. FEES FOR CARRY-ON AND CHECKED BAGGAGE
9 TREATED AS PAID FOR TAXABLE TRANSPOR10
TATION.
11 (a) IN GENERAL.—Section 4261(e) of the Internal
12 Revenue Code of 1986 is amended by adding at the end
13 the following:
14 ‘‘(6) AMOUNTS PAID FOR CARRY-ON OR
15 CHECKED BAGGAGE.—Any amount paid by an air16
line passenger to check baggage for transit on the
17 aircraft carrying such passenger or to personally
18 carry baggage into the cabin or overhead storage
19 compartments of the aircraft carrying such pas20
senger shall be treated for purposes of subsection (a)
21 as an amount paid for taxable transportation.’’.
22 (b) EFFECTIVE DATE.—The amendment may by this
23 section shall apply to transportation beginning on or after
24 the date of the enactment of this Act.
5
CRA10412 S.L.C.
1 SEC. 4. AUTHORITY OF AVIATION CONSUMER PROTECTION
2 DIVISION WITH RESPECT TO CLAIMS RELAT3
ING TO LOST AND STOLEN BAGGAGE.
4 (a) IN GENERAL.—The Assistant General Counsel
5 for Aviation Enforcement and Proceedings shall, acting
6 through the Aviation Consumer Protection Division, have
7 authority to carry out consumer protection compliance and
8 enforcement activities relating to claims by passengers
9 with respect to lost, stolen, and damaged baggage.
10 (b) RESPONSIBILITY OF DIVISION.—The Aviation
11 Consumer Protection Division shall also have authority to
12 do the following:
13 (1) INFORMATION COLLECTION.—Collect infor14
mation from each air carrier operating under part
15 121 of title 14, Code of Federal Regulations, with
16 respect to the air carrier’s procedures and perform17
ance relating to lost, stolen, and damaged baggage.
18 (2) PUBLICATION OF INFORMATION.—Make the
19 information collected pursuant to paragraph (1)
20 available to the public on the Department of Trans21
portation website.
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers
Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.
“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”
The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.
“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”
For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.
CRA10412 S.L.C.
111TH CONGRESS
2D SESSION S. ll
To establish rules to assist consumers to compare airfares and other costs
applicable to tickets for air transportation, to amend the Internal Revenue
Code of 1986 to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise tax imposed
on transportation of persons by air, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. WEBB introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To establish rules to assist consumers to compare airfares
and other costs applicable to tickets for air transportation,
to amend the Internal Revenue Code of 1986
to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise
tax imposed on transportation of persons by air, and
for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
2
CRA10412 S.L.C.
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Airline Baggage Ac3
countability and Greater Security Act’’ or the ‘‘Airline
4 BAGS Act’’.
5 SEC. 2. NOTIFICATION REQUIREMENTS WITH RESPECT TO
6 THE SALE OF AIRLINE TICKETS.
7 (a) IN GENERAL.—The Office of Aviation Consumer
8 Protection and Enforcement of the Department of Trans9
portation shall establish rules to ensure that all consumers
10 are able to easily and fairly compare airfares and other
11 costs applicable to tickets for air transportation, including
12 all taxes and fees.
13 (b) NOTICE OF TAXES AND FEES APPLICABLE TO
14 TICKETS FOR AIR TRANSPORTATION.—Section 41712 of
15 title 49, United States Code, is amended by adding at the
16 end the following:
17 ‘‘(c) NOTICE OF TAXES AND FEES APPLICABLE TO
18 TICKETS FOR AIR TRANSPORTATION.—
19 ‘‘(1) IN GENERAL.—It shall be an unfair or de20
ceptive practice under subsection (a) for an air car21
rier, foreign air carrier, or ticket agent to sell a tick22
et for air transportation unless the air carrier, for23
eign air carrier, or ticket agent, as the case may
24 be—
25 ‘‘(A) displays information with respect to
26 the taxes and fees described in paragraph (2),
3
CRA10412 S.L.C.
1 including the amount and a description of each
2 such tax or fee, simultaneously with and in rea3
sonable proximity to the price listed for the
4 ticket; and
5 ‘‘(B) in the case of a ticket for air trans6
portation sold on the Internet, provides to the
7 purchaser of the ticket information with respect
8 to the taxes and fees described in paragraph
9 (2), including the amount and a description of
10 each such tax or fee, before requiring the pur11
chaser to provide any personal information, in12
cluding the name, address, phone number, e13
mail address, or credit card information of the
14 purchaser.
15 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes
16 and fees described in this paragraph are all taxes,
17 fees, and charges applicable to a ticket for air trans18
portation, including—
19 ‘‘(A) all taxes, fees, charges, and sur20
charges included in the price paid by a pur21
chaser for the ticket, including fuel surcharges
22 and surcharges relating to peak or holiday trav23
el; and
24 ‘‘(B) any fees for checked baggage, seating
25 assignments, and optional in-flight goods and
4
CRA10412 S.L.C.
1 services, and other fees that may be charged
2 after the ticket is purchased.’’.
3 (c) RULEMAKING.—The Secretary of Transportation,
4 in consultation with the Administrator of the Federal
5 Aviation Administration, shall prescribe such regulations
6 as may be necessary to carry out section 41712(c) of title
7 49, United States Code, as added by subsection (b).
8 SEC. 3. FEES FOR CARRY-ON AND CHECKED BAGGAGE
9 TREATED AS PAID FOR TAXABLE TRANSPOR10
TATION.
11 (a) IN GENERAL.—Section 4261(e) of the Internal
12 Revenue Code of 1986 is amended by adding at the end
13 the following:
14 ‘‘(6) AMOUNTS PAID FOR CARRY-ON OR
15 CHECKED BAGGAGE.—Any amount paid by an air16
line passenger to check baggage for transit on the
17 aircraft carrying such passenger or to personally
18 carry baggage into the cabin or overhead storage
19 compartments of the aircraft carrying such pas20
senger shall be treated for purposes of subsection (a)
21 as an amount paid for taxable transportation.’’.
22 (b) EFFECTIVE DATE.—The amendment may by this
23 section shall apply to transportation beginning on or after
24 the date of the enactment of this Act.
5
CRA10412 S.L.C.
1 SEC. 4. AUTHORITY OF AVIATION CONSUMER PROTECTION
2 DIVISION WITH RESPECT TO CLAIMS RELAT3
ING TO LOST AND STOLEN BAGGAGE.
4 (a) IN GENERAL.—The Assistant General Counsel
5 for Aviation Enforcement and Proceedings shall, acting
6 through the Aviation Consumer Protection Division, have
7 authority to carry out consumer protection compliance and
8 enforcement activities relating to claims by passengers
9 with respect to lost, stolen, and damaged baggage.
10 (b) RESPONSIBILITY OF DIVISION.—The Aviation
11 Consumer Protection Division shall also have authority to
12 do the following:
13 (1) INFORMATION COLLECTION.—Collect infor14
mation from each air carrier operating under part
15 121 of title 14, Code of Federal Regulations, with
16 respect to the air carrier’s procedures and perform17
ance relating to lost, stolen, and damaged baggage.
18 (2) PUBLICATION OF INFORMATION.—Make the
19 information collected pursuant to paragraph (1)
20 available to the public on the Department of Trans21
portation website.
Airline Baggage Transparency and Accountability Act
For Immediate Release Contact: Kate Hanni (707)337-0328
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers
Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.
“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”
The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.
“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”
For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers
Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.
“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”
The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.
“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”
For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.
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