AIRLINE BEAT
Lies, excuses and passenger rights
By: Michael Fabey
August 24, 2009
ExpressJet might now well be Kate Hanni's favorite airline. For years, the passenger-rights activist has been crusading for a law that would require airlines to give flyers the option to get off a plane that's been stuck on a tarmac for more than three hours.
To be sure, it looked like this year just might be her year, with both Congress and the Senate including some promising language for Hanni's cause in their bills for FAA reauthorization. Who knows, though, how watered down the final law might have ended up?
But thanks to ExpressJet's Aug. 7 decision to force a plane full of sardined passengers to camp out all night on a regional jet with infants aboard, that three-hour-tarmac-delay law is a pretty safe bet to sail through Congress with its language intact.
Granted, there are a few pretty smart people offering somewhat rational arguments against such legislation. But in the face of such indefensible behavior as ExpressJet's, those arguments fall flat.
Transportation Secretary Ray LaHood, while acknowledging he was short on facts about the incident, called the ExpressJet sleepover "troubling" and demanded an investigation.
Kevin Mitchell, the self-proclaimed voice of the business traveler community (and hardly a Kate Hanni disciple), said that the mess in Minnesota proved the time was ripe for the kind of law that Hanni and her cohorts want.
Personally, I find it disgraceful that we would need such a law. Common sense and decency should prevail here. Then again, this is the airline industry, after all, so common sense and decency are not factors.
They certainly seemed to be in short supply throughout the ExpressJet situation -- during the tarmac "delay" as well as during the carrier's subsequent misguided public relations effort, which was so disingenuous that it only further damaged the airline's credibility.
To recap: The ExpressJet flight, part of a regional service operated under the Continental banner, took off from Houston about 9:30 p.m. for a three-hour flight to Minneapolis. Shortly after midnight, the flight was diverted to Rochester, Minn., because of thunderstorms.
There, the regional jet sat overnight with its passengers until daybreak, not leaving for Minneapolis until 8:21 a.m.
Blogs and interviews are full of accounts of what it was like stuck in a metal tube crammed with tired travelers and bawling babies.
ExpressJet blamed various factors for the clampdown: The plane's crew had reached its FAA-mandated flying limits and could take the plane no further. There were no Transportation Security Administration screeners available to clear the passengers when they deplaned and then reboarded. Airport facilities and policies could not accommodate the off-loaded passengers.
There was really no question about the flight continuing that night. Whether or not the flight crew had actually reached its legal flying time limits, the weather was refusing to cooperate.
The real issue is why ExpressJet would force those passengers to remain on the plane all night.
The TSA was quick to shoot down the carrier's argument that screeners needed to be on duty just to put the passengers in the terminal for the night.
"Airlines, not TSA, make the decision on whether or not to deplane passengers if there is a delay or diversion," the agency said. "TSA does not prohibit airlines deplaning passengers and reboarding without screening as long as they don't exit past the checkpoint and leave the secure area, regardless of whether or not TSA officers are conducting screening operations."
The TSA also said, "In addition, TSA has the ability to recall security officers and resume screening passengers after hours at the request of an airline or airport."
Rochester airport officials were equally quick to reject ExpressJet's assertion that it was somehow their fault that passengers had been forced to spend the night onboard the plane.
Greg Principato, president of Airports Council International-North America, interrupted his vacation to blog the following: "The airport in Rochester, Minn., was ready to help those people. The airline preferred to leave them on the plane and then found it easier to blame the airport and TSA. ... Shame on them."
ExpressJet seems finally to understand this. The company gets the day-late-dollar-short award for acknowledging, days after the fact, that it made a mistake.
"We apologize to the customers for the extended delay of Flight 2816, which did not meet Continental's service standards," spokeswoman Kristy Nicholas said after a week of denials.
But for many in the industry, the apology just wasn't enough.
"They deserve whatever remedies might be forced on them by a traveling public and the politicians who represent them, who are fed up with such irresponsibility," Principato wrote of ExpressJet in his blog. "This is bull."
One thing's for sure: ExpressJet has become the poster-child airline for Hanni and her FlyersRights.org group, exemplifying all that's wrong with airline thinking today when it comes to tarmac delays.
For ExpressJet and other airlines, that could be real punishment.
Email Michael Fabey at mfabey@travelweekly.com.
Tuesday, August 25, 2009
Saturday, August 22, 2009
FlyersRights.org Airs Ad During Obama's Martha's Vineyard Visit
FlyersRights.org Airs Ad During Obama's Martha's Vineyard Visit
Citizen-Activist Kate Hanni Available for Interviews Monday
NAPA, Calif., Aug. 22 /PRNewswire-USNewswire/ -- President Obama arrives for a much-deserved vacation on Martha's Vineyard today, but he'll be greeted by a message from FlyersRights.org reminding him of his support for the Airline Passengers' Bill of Rights.
"We're closer to protecting airline passengers than ever before," said Kate Hanni, who founded 26,000-member FlyersRights.org after she and her family were stuck on the tarmac in Austin for 9 hours in 2006.
"We're coming to Martha's Vineyard to remind the President of his co-sponsorship of the legislation when he was a Senator and to ask him to support us as President."
The bipartisan Boxer-Snowe Airline Passengers' Bill of Rights was approved unanimously by the Senate Commerce Committee in July, and is expected to be taken up by the Senate next month.
Besides allowing passengers to get off stranded aircraft after 3 hours on the tarmac, it would require airlines to provide adequate food, water, toilet facilities and temperature controls.
In addition, noted Hanni, "The bill will shine the light on the airlines' hidden nickel-and-dime fees and charges, and force the airlines to inform you if the flight you're about to book is chronically delayed or cancelled."
Hanni credited her group's progress this year to a number of recent high-profile tarmac delays, including 278 flights stuck on the tarmac for longer than 3 hours in June alone, nearly 10 every day.
The spot will air on cable television on Martha's Vineyard, Nantucket and Cape Cod throughout the week of the First Family's visit.
The text of the ad, which includes photos of actual tarmac strandings and headlines describing some of the worst such incidents, reads as follows:
"Mr. President, my name is Kate Hanni. I founded FlyersRights.org after my family and I were stranded on the tarmac in 2006 for 9 hours. Since then, it's happened to passengers on at least 3,000 flights. Imagine what it's like: no food, no water, toilets overflowing. As a Senator, you co-sponsored the Airline Passengers Bill of Rights. Please, sir, urge Congress to pass it. And sign it into law. Enough is enough." Link to Video: http://www.youtube.com/watch?v=GYHQByjtnAY
Ms. Hanni will be available for interviews and appearances on the Vineyard on Monday. To book her, contact Kate Hanni, 707-337-0328, or Mike Collins Public Relations at 202-494-6105 or email mikecollinspr@cox.net.
Citizen-Activist Kate Hanni Available for Interviews Monday
NAPA, Calif., Aug. 22 /PRNewswire-USNewswire/ -- President Obama arrives for a much-deserved vacation on Martha's Vineyard today, but he'll be greeted by a message from FlyersRights.org reminding him of his support for the Airline Passengers' Bill of Rights.
"We're closer to protecting airline passengers than ever before," said Kate Hanni, who founded 26,000-member FlyersRights.org after she and her family were stuck on the tarmac in Austin for 9 hours in 2006.
"We're coming to Martha's Vineyard to remind the President of his co-sponsorship of the legislation when he was a Senator and to ask him to support us as President."
The bipartisan Boxer-Snowe Airline Passengers' Bill of Rights was approved unanimously by the Senate Commerce Committee in July, and is expected to be taken up by the Senate next month.
Besides allowing passengers to get off stranded aircraft after 3 hours on the tarmac, it would require airlines to provide adequate food, water, toilet facilities and temperature controls.
In addition, noted Hanni, "The bill will shine the light on the airlines' hidden nickel-and-dime fees and charges, and force the airlines to inform you if the flight you're about to book is chronically delayed or cancelled."
Hanni credited her group's progress this year to a number of recent high-profile tarmac delays, including 278 flights stuck on the tarmac for longer than 3 hours in June alone, nearly 10 every day.
The spot will air on cable television on Martha's Vineyard, Nantucket and Cape Cod throughout the week of the First Family's visit.
The text of the ad, which includes photos of actual tarmac strandings and headlines describing some of the worst such incidents, reads as follows:
"Mr. President, my name is Kate Hanni. I founded FlyersRights.org after my family and I were stranded on the tarmac in 2006 for 9 hours. Since then, it's happened to passengers on at least 3,000 flights. Imagine what it's like: no food, no water, toilets overflowing. As a Senator, you co-sponsored the Airline Passengers Bill of Rights. Please, sir, urge Congress to pass it. And sign it into law. Enough is enough." Link to Video: http://www.youtube.com/watch?v=GYHQByjtnAY
Ms. Hanni will be available for interviews and appearances on the Vineyard on Monday. To book her, contact Kate Hanni, 707-337-0328, or Mike Collins Public Relations at 202-494-6105 or email mikecollinspr@cox.net.
Wednesday, August 12, 2009
Flight Prompts Calls for Passenger Rights
CBS News - Aug 11, 2009
St. Paul, Minn -- Link Christian was one of the 47 passengers trapped in a plane on a tarmac for six hours early Saturday morning in Rochester, Minn. They didn't have a way to get off the plane then, but the St. Paul, Minn. man is now working to help other plane passengers be assured of their rights to proper treatment by airlines.
St. Paul, Minn -- Link Christian was one of the 47 passengers trapped in a plane on a tarmac for six hours early Saturday morning in Rochester, Minn. They didn't have a way to get off the plane then, but the St. Paul, Minn. man is now working to help other plane passengers be assured of their rights to proper treatment by airlines.
Christian said on "The Early Show" Tuesday his "nightmare" flight is an example of why a airline Passengers' Bill of Rights needs to get through Congress.
Christian, who sat in the back row of the plane by the bathroom that broke during the six-hour wait, said he's going to tell his story to Congress next month in hopes that the Bill of Rights will pass.
"I simply want to tell the story," he told "Early Show" co-anchor Julie Chen. "I watched everything for six hours. So my view is to not politicize it, but to tell the story of what it was like to be on that airplane for six hours on that airplane, being essentially a prisoner ... I would like to see the rights of passengers on a tarmac be enhanced to the extent the rights that passengers have safety-wise when they're in the air. There's thousands of regulations that protect us in the air. I'd like to see some of those regulations while we're on the ground."
Christian said during the wait the flight crew continued to tell passengers they would get off the plane, telling them at one point a bus would come and pick them up. The bus, he said, never came.
He said, "It was six hours of a continued sense that we were going to get out of there."
However, as the hours ticked by, Christian said the plane's atmosphere grew gradually tenser.
"We became increasingly frustrated," he said. "Everybody at that point was pretty exhausted. People had children crying. The whole atmosphere of the plane was just one of sort of deteriorating emotional stability."
But as Kate Hanni, a passenger advocate who was herself once stuck on the tarmac for 13 hours, said, passengers currently have few options when they're stuck on the runway.
"Right now as it stands, the airlines can hold you indefinitely," she said, "and they don't have to provide you with food, water, hygienic toilets, or any medical needs."
In her 13-hour ordeal, Hanni said women were making diapers for their babies out of t-shirts and diabetics were going into shock.
She said, "There's no culpability for the airlines at all, which is why we're pushing for a law in Congress."
Hanni said the legislation in the Senate pushes for a time limit the airlines can hold passengers on the tarmac. She told Chen a constraint of three hours should be mandated. In addition, Hanni said advocates are pushing for essential needs: food, water, toilets and trash, to be managed while passengers are held on the runway.
Hanni added there are no federal regulations preventing the airline from removing passengers from the plane, which ExpressJet Airlines claimed was the reason the passengers of Friday's flight couldn't leave the plane.
Tuesday, August 11, 2009
Passenger Rights Stakeholder Hearing
Passenger Rights Stakeholder Hearing: Examining a Market Failure?
Presented by AirPassengerAdvocacy.travel
September 22, 2009 - Washington, DC
On Tuesday morning, September 22, 2009 consumer groups and travel industry organizations will conduct a Stakeholder Hearing in the Hart Senate Office Building regarding airline passenger rights. The purpose of the hearing is to examine passenger safety-related problems such as extended ground delays. Desired outcomes from the hearing include a better understanding of passenger safety problems; best practices from the EU in the area of passenger protections; and the potential efficacy of proposed Congressional solutions. Experts representing all sides in this debate have been invited to participate in this hearing.
This passenger-safety issue first reached prominence in 1999 after a snowstorm stranded aircraft for up to eight hours at Detroit Metro Airport. The airline industry avoided passenger rights legislation at that time by agreeing to a voluntary customer service initiative, which was soon largely cast off in the aftermath of the industry’s troubles following September 11, 2001. More recently, excessive ground delays in Texas and New York in 2006 and 2007 respectively led to a new round of Congressional hearings and increased calls passenger rights legislation. Such legislative prescriptions are currently included in FAA reauthorization bills in the House and in the Senate, whose version would allow passengers to disembark after three hours delay, should a captain decide it is reasonable and safe to do so.
In addition to audience members attending the hearing, stakeholders will comprise “Witnesses” and “Questioners.” Witness panels will include passengers and airline, airport, association and government executives as well as functional-area experts from acadème and industry. Witnesses will present 5-minute statements. After all statements are made, Questioners will address their queries to each of the Witnesses. Questioners will include corporate travel managers, functional area experts and former DOT IGs. Also joining as Questioners will be members of the press to provide an extra measure of impartiality.
The Stakeholder Hearing will also have a roundtable discussion among Senators and Representatives interested in this issue moderated by a media luminary.
While attendance is free of charge, registration is necessary at http://eventbrite.twi.bz/b and seating is limited.
Tuesday, August 4, 2009
USA Today Editorial: Our view on passenger rights: Trapped on the tarmac
Mega-delays continue despite airline promises; it’s time to act.
This April, when a Delta Air Lines flight from the Caribbean to Atlanta was diverted to Columbia, S.C., because of bad weather, passengers endured a five-hour wait sealed in the plane with crying babies, smelly toilets and insufficient food and water. When they finally were allowed to deplane, the irate fliers were initially held in a small room with a few chairs, passenger Nancy Whitehead recently told USA TODAY's Gary Stoller. And when they re-boarded with high hopes of heading to Atlanta, they were delayed again by a refueling problem. All told, the flight was about 10 hours late.
If any of this sounds familiar, it's because it is. The nightmare on Delta, complicated by the fact that it was an international flight and passengers had to clear U.S. Customs, is simply one of the more recent mega-delay horror stories.
After a couple of highly publicized incidents more than two years ago — when fliers were stuck for nearly 10 hours on a JetBlue flight in an ice storm at New York's Kennedy International and for eight hours on an American Airlines jet diverted to Midland, Texas — the airline industry and government officials promised to do more for passengers trapped on tarmacs for hours on end.
So how has the industry responded? With failed promises to fix the problem, and successful lobbying to block congressional action.
Congress has done so little to help that its members might as well have been stranded on a plane for the past two years. Last month, a Senate committee finally approved a measure that would require airlines to deplane passengers after three-hour tarmac delays, unless the pilot deems it unsafe or the flight could take off within 30 minutes. The House, meanwhile, has approved a limp provision that would do little to force change.
It's true that such delays are relatively rare and often beyond the airlines' control. Even so, they happen often enough to deserve a solution. Since January 2007, 200,000 domestic passengers have been stuck on 3,000 planes for three hours or more waiting to take off or taxi to a gate, according to Stoller's analysis of government data.
You'd think that bad publicity, competitive pressures and lobbying by FlyersRights.org, a consumer group founded by a passenger stranded two years ago, would have been enough to force meaningful action by the airlines. But as the Delta delay suggests, more is needed.
Continental Airlines says it is now using movable stairs and vehicles to deplane passengers after three hours. On June 18, at Newark Liberty airport, one passenger who asked to deplane when thunderstorms stranded a flight was able to do so, according to a spokesman. If Continental can provide this service, it's hard to see why everyone else can't, too.
Two years is long enough to wait for voluntary action. With a shove from Congress, odds are the industry will fix this problem faster than you can say "stranded passenger."
Posted at 12:21 AM/ET,
This April, when a Delta Air Lines flight from the Caribbean to Atlanta was diverted to Columbia, S.C., because of bad weather, passengers endured a five-hour wait sealed in the plane with crying babies, smelly toilets and insufficient food and water. When they finally were allowed to deplane, the irate fliers were initially held in a small room with a few chairs, passenger Nancy Whitehead recently told USA TODAY's Gary Stoller. And when they re-boarded with high hopes of heading to Atlanta, they were delayed again by a refueling problem. All told, the flight was about 10 hours late.
If any of this sounds familiar, it's because it is. The nightmare on Delta, complicated by the fact that it was an international flight and passengers had to clear U.S. Customs, is simply one of the more recent mega-delay horror stories.
After a couple of highly publicized incidents more than two years ago — when fliers were stuck for nearly 10 hours on a JetBlue flight in an ice storm at New York's Kennedy International and for eight hours on an American Airlines jet diverted to Midland, Texas — the airline industry and government officials promised to do more for passengers trapped on tarmacs for hours on end.
So how has the industry responded? With failed promises to fix the problem, and successful lobbying to block congressional action.
Congress has done so little to help that its members might as well have been stranded on a plane for the past two years. Last month, a Senate committee finally approved a measure that would require airlines to deplane passengers after three-hour tarmac delays, unless the pilot deems it unsafe or the flight could take off within 30 minutes. The House, meanwhile, has approved a limp provision that would do little to force change.
It's true that such delays are relatively rare and often beyond the airlines' control. Even so, they happen often enough to deserve a solution. Since January 2007, 200,000 domestic passengers have been stuck on 3,000 planes for three hours or more waiting to take off or taxi to a gate, according to Stoller's analysis of government data.
You'd think that bad publicity, competitive pressures and lobbying by FlyersRights.org, a consumer group founded by a passenger stranded two years ago, would have been enough to force meaningful action by the airlines. But as the Delta delay suggests, more is needed.
Continental Airlines says it is now using movable stairs and vehicles to deplane passengers after three hours. On June 18, at Newark Liberty airport, one passenger who asked to deplane when thunderstorms stranded a flight was able to do so, according to a spokesman. If Continental can provide this service, it's hard to see why everyone else can't, too.
Two years is long enough to wait for voluntary action. With a shove from Congress, odds are the industry will fix this problem faster than you can say "stranded passenger."
Posted at 12:21 AM/ET,
Thursday, July 30, 2009
Bumped From Your Flight? You've Got Rights - DAVID KOENIG, AP Airlines Writer
Airlines Must Ask For Volunteers First, Pay Those Unwillingly Bumped
July 29, 2009
DALLAS -- Airlines are operating fewer flights this summer, meaning that planes are packed even with the slump in travel.
Often the airlines sell more tickets than there are seats on the plane. Last year, more than 63,000 passengers were bumped, according to government figures, and this year is shaping up as more of the same.
So what should you do if you get bumped? What if your flight is delayed so long that you miss your niece's wedding?
Before bargaining with the gate agent over travel vouchers and upgrades, it pays to know your rights and the airline's responsibilities.
The federal government sets rules on bumping and occasionally fines airlines for breaking them. This month, the Transportation Department fined Delta Air Lines $375,000, although it may waive about half if Delta improves its procedures for handling oversold flights.
Airlines must ask for volunteers first, and pay passengers who are bumped against their will.
If you are bumped from a domestic flight, the airline must pay you the price of a one-way ticket up to $400 cash if you are rescheduled to reach your destination between one and two hours of the original arrival time. The maximum doubles to $800 if it takes longer.
Some passengers with time to kill don't mind getting bumped. They hope to get cash, travel vouchers or an upgrade to first-class in exchange for taking a slightly later flight.
Chris McGinnis, a travel consultant in San Francisco, says the best flights to haggle over are late-afternoon or evening ones popular with business travelers who can't afford to be stranded overnight. Airlines are likely to offer more for passengers who give up a seat on a New York-Chicago run than on a flight full of vacationers from Atlanta to Orlando, he says.
Gate agents may put out a sign or simply tell passengers that they're looking for volunteers to skip the flight. McGinnis says it's often best to ignore their first offer and wait until departure time nears.
"The bidding gets stronger," he says. "That's when it goes from $100 off your next flight to maybe $300 and a business-class seat on the next flight out."
Experts warn about accepting travel vouchers. They might be hard to redeem, especially at peak travel periods. Make sure you understand any limitations.
Travelers are often baffled why airlines can sell more tickets than they have seats. Airlines oversell flights because some passengers buy costly fully refundable tickets on more than one flight and then only use one. Other flights are overbooked because the airline had to substitute a smaller plane with fewer seats.
While there are federal rules on bumping, there is no sweeping requirement for airlines to provide hotel rooms and meals for passengers who are stranded overnight, even if it's the carrier's fault, according to the Transportation Department. But you can haggle.
"It's up to the discretion of the carrier and the (gate) agent," says George Hobica, who operates airfarewatchdog.com. "Some airlines will do their best if you ask nicely and you ask privately you'll do better than if you make a scene." He says when a long delay appears obvious, you should ask to be rebooked on another airline.
Charlotte, N.C., real estate broker Mathew Bessette says Delta put him up in a hotel after his flight home from New York was canceled and a second flight spent four hours on the tarmac. He says he gained bargaining power by knowing the cause of the problem with his first flight no flight attendants.
"If their plane breaks down or their crew doesn't show up, that's their problem and it's their responsibility to accommodate you within reason," he says.
Veteran travelers say if a long delay will cause you to miss the reason for your trip a wedding or business meeting, for example ask for a refund. However, there is no law requiring the airline to give you a refund.
Airlines and passenger-rights groups are fighting over how the carriers handle long delays, and Congress may settle the issue. This month, a Senate committee passed a bill that would require airlines to let passengers off planes that are stuck on the tarmac for three hours.
The airlines say such a law would make things worse by forcing planes that might be near the front of the takeoff line to taxi back to the gate, then go to the back of the pack. More flights would be canceled, says David Castelveter, spokesman for the Air Transport Association, a Washington trade group for the largest U.S. carriers. Consumer groups aren't buying it.
"No one believes that the airlines will fix the problem themselves," says Kate Hanni, a California real estate agent who created a passenger-rights group after being stranded on a grounded American Airlines jet for more than eight hours in December 2006. "They haven't yet."
Since airline travel is often stressful, and summer always brings many delays, experts advise you have a Plan B. Know what flights are available if yours is canceled. If your flight is pushed back or scrubbed, hop on your laptop or phone to see if you can rebook.
"Prepare for the worst," says Hobica, the travel expert. "Bring a good book."
Copyright 2009 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
July 29, 2009
DALLAS -- Airlines are operating fewer flights this summer, meaning that planes are packed even with the slump in travel.
Often the airlines sell more tickets than there are seats on the plane. Last year, more than 63,000 passengers were bumped, according to government figures, and this year is shaping up as more of the same.
So what should you do if you get bumped? What if your flight is delayed so long that you miss your niece's wedding?
Before bargaining with the gate agent over travel vouchers and upgrades, it pays to know your rights and the airline's responsibilities.
The federal government sets rules on bumping and occasionally fines airlines for breaking them. This month, the Transportation Department fined Delta Air Lines $375,000, although it may waive about half if Delta improves its procedures for handling oversold flights.
Airlines must ask for volunteers first, and pay passengers who are bumped against their will.
If you are bumped from a domestic flight, the airline must pay you the price of a one-way ticket up to $400 cash if you are rescheduled to reach your destination between one and two hours of the original arrival time. The maximum doubles to $800 if it takes longer.
Some passengers with time to kill don't mind getting bumped. They hope to get cash, travel vouchers or an upgrade to first-class in exchange for taking a slightly later flight.
Chris McGinnis, a travel consultant in San Francisco, says the best flights to haggle over are late-afternoon or evening ones popular with business travelers who can't afford to be stranded overnight. Airlines are likely to offer more for passengers who give up a seat on a New York-Chicago run than on a flight full of vacationers from Atlanta to Orlando, he says.
Gate agents may put out a sign or simply tell passengers that they're looking for volunteers to skip the flight. McGinnis says it's often best to ignore their first offer and wait until departure time nears.
"The bidding gets stronger," he says. "That's when it goes from $100 off your next flight to maybe $300 and a business-class seat on the next flight out."
Experts warn about accepting travel vouchers. They might be hard to redeem, especially at peak travel periods. Make sure you understand any limitations.
Travelers are often baffled why airlines can sell more tickets than they have seats. Airlines oversell flights because some passengers buy costly fully refundable tickets on more than one flight and then only use one. Other flights are overbooked because the airline had to substitute a smaller plane with fewer seats.
While there are federal rules on bumping, there is no sweeping requirement for airlines to provide hotel rooms and meals for passengers who are stranded overnight, even if it's the carrier's fault, according to the Transportation Department. But you can haggle.
"It's up to the discretion of the carrier and the (gate) agent," says George Hobica, who operates airfarewatchdog.com. "Some airlines will do their best if you ask nicely and you ask privately you'll do better than if you make a scene." He says when a long delay appears obvious, you should ask to be rebooked on another airline.
Charlotte, N.C., real estate broker Mathew Bessette says Delta put him up in a hotel after his flight home from New York was canceled and a second flight spent four hours on the tarmac. He says he gained bargaining power by knowing the cause of the problem with his first flight no flight attendants.
"If their plane breaks down or their crew doesn't show up, that's their problem and it's their responsibility to accommodate you within reason," he says.
Veteran travelers say if a long delay will cause you to miss the reason for your trip a wedding or business meeting, for example ask for a refund. However, there is no law requiring the airline to give you a refund.
Airlines and passenger-rights groups are fighting over how the carriers handle long delays, and Congress may settle the issue. This month, a Senate committee passed a bill that would require airlines to let passengers off planes that are stuck on the tarmac for three hours.
The airlines say such a law would make things worse by forcing planes that might be near the front of the takeoff line to taxi back to the gate, then go to the back of the pack. More flights would be canceled, says David Castelveter, spokesman for the Air Transport Association, a Washington trade group for the largest U.S. carriers. Consumer groups aren't buying it.
"No one believes that the airlines will fix the problem themselves," says Kate Hanni, a California real estate agent who created a passenger-rights group after being stranded on a grounded American Airlines jet for more than eight hours in December 2006. "They haven't yet."
Since airline travel is often stressful, and summer always brings many delays, experts advise you have a Plan B. Know what flights are available if yours is canceled. If your flight is pushed back or scrubbed, hop on your laptop or phone to see if you can rebook.
"Prepare for the worst," says Hobica, the travel expert. "Bring a good book."
Copyright 2009 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Tuesday, July 28, 2009
Three-hours-on-the-tarmac legislation finally taking off - Letters to the Editor - The Hill
The Senate Commerce Committee last week approved the FAA reauthorization bill containing the bipartisan Boxer-Snowe Airline Passengers Bill of Rights which, among other protections, allows passengers the option to return to the terminal after sitting on the tarmac for three hours.
As one who was locked inside a sealed aircraft for nine hours in 2006, I know this legislation is long overdue. With no food, no water and overflowing toilets, it was a dreadful experience — and no way for the airline to treat its customers.
The airlines’ reaction?
Air Transport Association spokesman David Castelveter has called the three-hour limit “a hard-and-fast inflexible timeframe” that will result in “more cancellations and inconvenience.”
Since when do the lobbyists for commercial airlines care about passenger inconvenience?
“More” cancellations? As one who’s been through it, I can assure you that after nine hours on the tarmac, most of us could care less if our flight counted against cancellation statistics — nor were we in any mood to remain seated for the flight to our destination. Most of us just wanted to go back into the terminal so we could relieve ourselves, eat and book hotel rooms.
In any event, a September 2008 DOT Regulatory Impact Analysis concluded that, far from increasing cancellations, airlines’ awareness of deplaning costs for delayed flights could instead result in better flight management and improved operations overall.
As for the notion that three hours is a “hard-and-fast inflexible timeframe,” I’ll resist the easy temptation to challenge Mr. Castelveter to sit that long in the middle seat in coach without drinkable water or usable toilets.
The fact is, this bipartisan legislation gives maximum flexibility to airports and the airlines alike: Passengers will only be permitted to deplane if it can be done safely, and pilots may extend the time for 30 minutes if there’s a likelihood of immediate departure. Passengers may even choose to remain onboard — but if they do, they’ll be given the chance to change their minds every three hours.
ATA’s Castelveter has also claimed “great progress in reducing lengthy tarmac delays and improving service while on board as reflected in Transportation Department statistics.”
The operative words are “as reflected in Transportation Department statistics.” Those numbers don’t include the 1 million international flights originating in or departing from the U.S. each year, nor any of the smaller carriers that account for one domestic flight out of every four.
Yet setting aside all the flights the DOT excludes, passengers were still stranded on the tarmac for more than three hours on 1,232 flights in 2008 alone. That may represent progress to the airlines, but to their customers, it proves the need for an enforceable time limit.
Kate Hanni
Napa, Calif.
Full story: http://thehill.com/letters/three-hours-on-the-tarmac-legislation-finally-taking-off-2009-07-27.html
As one who was locked inside a sealed aircraft for nine hours in 2006, I know this legislation is long overdue. With no food, no water and overflowing toilets, it was a dreadful experience — and no way for the airline to treat its customers.
The airlines’ reaction?
Air Transport Association spokesman David Castelveter has called the three-hour limit “a hard-and-fast inflexible timeframe” that will result in “more cancellations and inconvenience.”
Since when do the lobbyists for commercial airlines care about passenger inconvenience?
“More” cancellations? As one who’s been through it, I can assure you that after nine hours on the tarmac, most of us could care less if our flight counted against cancellation statistics — nor were we in any mood to remain seated for the flight to our destination. Most of us just wanted to go back into the terminal so we could relieve ourselves, eat and book hotel rooms.
In any event, a September 2008 DOT Regulatory Impact Analysis concluded that, far from increasing cancellations, airlines’ awareness of deplaning costs for delayed flights could instead result in better flight management and improved operations overall.
As for the notion that three hours is a “hard-and-fast inflexible timeframe,” I’ll resist the easy temptation to challenge Mr. Castelveter to sit that long in the middle seat in coach without drinkable water or usable toilets.
The fact is, this bipartisan legislation gives maximum flexibility to airports and the airlines alike: Passengers will only be permitted to deplane if it can be done safely, and pilots may extend the time for 30 minutes if there’s a likelihood of immediate departure. Passengers may even choose to remain onboard — but if they do, they’ll be given the chance to change their minds every three hours.
ATA’s Castelveter has also claimed “great progress in reducing lengthy tarmac delays and improving service while on board as reflected in Transportation Department statistics.”
The operative words are “as reflected in Transportation Department statistics.” Those numbers don’t include the 1 million international flights originating in or departing from the U.S. each year, nor any of the smaller carriers that account for one domestic flight out of every four.
Yet setting aside all the flights the DOT excludes, passengers were still stranded on the tarmac for more than three hours on 1,232 flights in 2008 alone. That may represent progress to the airlines, but to their customers, it proves the need for an enforceable time limit.
Kate Hanni
Napa, Calif.
Full story: http://thehill.com/letters/three-hours-on-the-tarmac-legislation-finally-taking-off-2009-07-27.html
Fliers trapped on tarmac push for rules on release - By Gary Stoller, USA TODAY
Brad Dwin was so angry about being stuck on an airplane last month that he volunteered to work for free for a passengers-rights organization.
Dwin, president of a marketing and public relations company, says he spent about six hours on June 10 in a window seat waiting on the tarmac of Washington's Dulles airport for his United Airlines (UAUA) flight to take off to Las Vegas. Looking out the window, he saw other planes waiting. Like Dwin, passengers on those planes were essentially trapped, too.
Being "trapped on a plane for several hours causes a lot of frustration," Dwin, of Silver Spring, Md., says. "You reach a certain point when people with a calm demeanor get angry."
Dwin's anger took him to FlyersRights.org. It's a group that has been lobbying Congress since January 2007 to free airline passengers from being held on planes for hours with no way to get back to the terminal to make other travel arrangements.
"Passengers don't want to be treated like cargo — they want to be treated like paying passengers," says Kate Hanni, who founded FlyersRights.org after her family spent more than eight hours on the tarmac. "Passengers feel completely powerless trapped in a sealed metal tube with no access to goods and services, and no way to get off."
Congress has gotten the message. Legislation that would let passengers get off planes delayed on airport tarmacs is moving through the House and Senate as part of a bill reauthorizing and funding the Federal Aviation Administration.
A Senate committee last week voted to require airlines to let passengers get off planes that are delayed for more than three hours. The House has passed a less specific version. It requires each airline to submit to the Transportation Department a plan to allow passengers to get off planes with long delays.
For many irate fliers, action seems overdue. About 200,000 domestic passengers such as Dwin have been stuck on about 3,000 planes for three hours or more waiting to take off or taxi to a gate since January 2007, a USA TODAY analysis of Transportation Department data shows. Between October 2008 and May 2009, there were 577 planes that sat for that long.
The airlines, however, say that long delays are rare and result mostly from bad weather and a backed-up air-traffic-control system. They warn that forcing them to return planes to terminals after three hours could often make matters worse.
"Such a rule would result in numerous unintended consequences that ultimately will create inconveniences for passengers and lead to more flight cancellations," says David Castelveter, vice president of the Air Transport Association of America, which represents U.S. airlines.
Babies were crying
The USA TODAY analysis of delays that the airlines report to the Transportation Department finds that long delays are rare. Between October and May, when 19 big airlines operated 4.3 million domestic flights, the 577 delays of three hours or more translated into a rate of 1.35 flights per every 10,000.
That's of little consolation to passengers such as Dwin, 38, who says he had little room to get up and stretch. Two disabled passengers in his row made it difficult to leave his seat. But, he says, "The most frustrating thing was that no one from United gave accurate information about the situation or showed any remorse."
United's Robin Urbanski says Dwin and his fellow passengers were stuck in the plane because of bad weather and the plane's loss of power steering. "As a goodwill gesture," she says, passengers were offered frequent-flier miles or a discount off a future flight.
Dwin's experience wasn't nearly as bad as what Nancy Whitehead of Orange, Calif., says she and seven family members and friends endured on a delayed Delta Air Lines (DAL) flight from the Turks and Caicos islands of the Caribbean to Atlanta on April 10.
The flight from the British territory was unable to land because of bad weather in Atlanta. It was diverted to Columbia, S.C., for refueling. There, passengers sat on the plane for at least five hours because of weather, a flight crew that reached its duty-time limits and no U.S. Customs facilities to process any passengers who might want off the flight to make other travel arrangements.
Whitehead, 43, an office manager at an elementary school, says passengers weren't served any food or drink. Toilets backed up, she says, adults got angry, and babies were crying.
Eventually, she says, passengers were allowed to leave the plane and led to a small room at the terminal that had few chairs. Security guards kept an eye on them, security tape blocked access out of the room, she says, and no food was available.
Passengers spent an hour in the hot and humid room before they were moved to another area in the terminal where food could be bought. About 2½ hours later, Whitehead says, passengers boarded the plane for a flight to Atlanta. Then, she says, they had to wait another hour after the pilot announced that one fuel tank had more fuel than another.
Ed Stewart, a Delta spokesman, says the airline has been unfairly criticized for the incident, which was reported by newspaper, TV and air travel websites.
"Multiple strong storm systems" kept the plane from taking off from Columbia, Stewart says. By law, he says, Delta couldn't let passengers off because it was an international flight under the control of U.S. Customs.
Of big airlines, Delta had more long delays (81) than others between October and May, a USA TODAY analysis of the data compiled by the Department's Bureau of Transportation Statistics show. Continental was next, with 72. ExpressJet Airlines had 93 delays on Continental Express (CAL) flights, more than any other carrier.
Like the Delta flight that Whitehead was stranded on, weather played a big role in many delays, and many occurred on the same days. Most delays on Continental and many Continental Express flights occurred on Dec. 10, for instance. That's when "a freak snowstorm" hit Houston, says Continental spokeswoman Julie King.
Since then, King says, Continental has revised its procedures for long-delayed flights. It's improving its de-icing capabilities in Houston and now gives passengers the option of getting off a plane after a three-hour wait.
Airlines blame traffic, too
Mechanical and other safety concerns also contribute to delays. And the airlines say crowded airports and backed-up traffic often make it impractical for pilots to return to terminals.
For example, a mechanical problem and bad weather caused a long delay of an American Eagle flight from Colorado Springs to Dallas on June 10. The plane's air conditioning malfunctioned while waiting to land in bad weather in Dallas, and the aircraft was diverted to Wichita Falls, Texas. It waited there for 4½ hours until maintenance and weather issues were resolved.
Gordon McCracken, a filmmaker in Washington, D.C., says passengers were alarmed when smoke entered the cabin in-flight. On the ground in Wichita Falls, passengers were very cold because the air-conditioning problem caused frigid air to enter the cabin, he says.
American spokesman Tim Smith says airline mechanics found no signs of smoke, and passengers probably saw vapor caused by the cold air from the air-conditioning system. In Wichita Falls, passengers were given the option to get off the plane except for the nearly two hours before takeoff to Dallas, Smith says.
McCracken says the long delay cost him an opportunity to bid on the sale of the apartment he was renting.
American and most U.S. carriers "do not guarantee" passengers will arrive at the scheduled time, Smith says. "Any passenger with an extremely important reason or time to be somewhere should allow for the possibility of extreme delays, especially weather or air-traffic-control related," Smith says.
When planes are backed up for takeoff or landing, there may be no empty gates or equipment available to deplane passengers, the airlines say.
"Because of the antiquated air-traffic-control system in which we — and every airline — operate, we're restricted as to the operational improvements we can make," says Bryan Baldwin, spokesman for JetBlue Airways.
Aviation consultant Michael Boyd says airline CEOs "should form a conga line" to the FAA, which oversees air travel, and demand the country's air-traffic system be modernized. That could increase airspace capacity and reduce the number of waiting planes.
'All about profit'
The airlines aren't blameless, other aviation consultants say. They overschedule flights at hub airports, which creates a situation in which there are too many planes and not enough gates, says Barbara Beyer, CEO of Avmark, an airline consulting company.
Fredrick Foreman of Metron Aviation, who wrote an April report on long ground delays for the FAA, says it's all about money.
"Airlines don't want to deplane passengers because they will lose money," Foreman says. "It's not about weather — it's all about profit motive."
The airlines oppose a hard and fast law that forces them to let passengers off planes that are stranded three hours or more. They prefer letting the airlines decide, says Castelveter of the Air Transport Association.
Forcing planes to return to the gate to let passengers off after three hours "would be highly disruptive to airport and airline operations," he says. "Airlines need operational flexibility in order to get passengers, crewmembers and aircraft to their destinations."
The American Society of Travel Agents initially agreed with the airlines, but now supports congressional action.
Paul Ruden, the society's senior vice president, was on a Transportation Department task force last year that recommended airlines keep passengers informed about delays and establish time limits at each airport for deplaning passengers. But that hasn't worked, he says, and Congress now needs to set "a clear standard for the airlines to follow."
Contributing: Barbara Hansen
Find this article at:
http://www.usatoday.com/travel/flights/2009-07-27-travel-runway-delays_N.htm
Dwin, president of a marketing and public relations company, says he spent about six hours on June 10 in a window seat waiting on the tarmac of Washington's Dulles airport for his United Airlines (UAUA) flight to take off to Las Vegas. Looking out the window, he saw other planes waiting. Like Dwin, passengers on those planes were essentially trapped, too.
Being "trapped on a plane for several hours causes a lot of frustration," Dwin, of Silver Spring, Md., says. "You reach a certain point when people with a calm demeanor get angry."
Dwin's anger took him to FlyersRights.org. It's a group that has been lobbying Congress since January 2007 to free airline passengers from being held on planes for hours with no way to get back to the terminal to make other travel arrangements.
"Passengers don't want to be treated like cargo — they want to be treated like paying passengers," says Kate Hanni, who founded FlyersRights.org after her family spent more than eight hours on the tarmac. "Passengers feel completely powerless trapped in a sealed metal tube with no access to goods and services, and no way to get off."
Congress has gotten the message. Legislation that would let passengers get off planes delayed on airport tarmacs is moving through the House and Senate as part of a bill reauthorizing and funding the Federal Aviation Administration.
A Senate committee last week voted to require airlines to let passengers get off planes that are delayed for more than three hours. The House has passed a less specific version. It requires each airline to submit to the Transportation Department a plan to allow passengers to get off planes with long delays.
For many irate fliers, action seems overdue. About 200,000 domestic passengers such as Dwin have been stuck on about 3,000 planes for three hours or more waiting to take off or taxi to a gate since January 2007, a USA TODAY analysis of Transportation Department data shows. Between October 2008 and May 2009, there were 577 planes that sat for that long.
The airlines, however, say that long delays are rare and result mostly from bad weather and a backed-up air-traffic-control system. They warn that forcing them to return planes to terminals after three hours could often make matters worse.
"Such a rule would result in numerous unintended consequences that ultimately will create inconveniences for passengers and lead to more flight cancellations," says David Castelveter, vice president of the Air Transport Association of America, which represents U.S. airlines.
Babies were crying
The USA TODAY analysis of delays that the airlines report to the Transportation Department finds that long delays are rare. Between October and May, when 19 big airlines operated 4.3 million domestic flights, the 577 delays of three hours or more translated into a rate of 1.35 flights per every 10,000.
That's of little consolation to passengers such as Dwin, 38, who says he had little room to get up and stretch. Two disabled passengers in his row made it difficult to leave his seat. But, he says, "The most frustrating thing was that no one from United gave accurate information about the situation or showed any remorse."
United's Robin Urbanski says Dwin and his fellow passengers were stuck in the plane because of bad weather and the plane's loss of power steering. "As a goodwill gesture," she says, passengers were offered frequent-flier miles or a discount off a future flight.
Dwin's experience wasn't nearly as bad as what Nancy Whitehead of Orange, Calif., says she and seven family members and friends endured on a delayed Delta Air Lines (DAL) flight from the Turks and Caicos islands of the Caribbean to Atlanta on April 10.
The flight from the British territory was unable to land because of bad weather in Atlanta. It was diverted to Columbia, S.C., for refueling. There, passengers sat on the plane for at least five hours because of weather, a flight crew that reached its duty-time limits and no U.S. Customs facilities to process any passengers who might want off the flight to make other travel arrangements.
Whitehead, 43, an office manager at an elementary school, says passengers weren't served any food or drink. Toilets backed up, she says, adults got angry, and babies were crying.
Eventually, she says, passengers were allowed to leave the plane and led to a small room at the terminal that had few chairs. Security guards kept an eye on them, security tape blocked access out of the room, she says, and no food was available.
Passengers spent an hour in the hot and humid room before they were moved to another area in the terminal where food could be bought. About 2½ hours later, Whitehead says, passengers boarded the plane for a flight to Atlanta. Then, she says, they had to wait another hour after the pilot announced that one fuel tank had more fuel than another.
Ed Stewart, a Delta spokesman, says the airline has been unfairly criticized for the incident, which was reported by newspaper, TV and air travel websites.
"Multiple strong storm systems" kept the plane from taking off from Columbia, Stewart says. By law, he says, Delta couldn't let passengers off because it was an international flight under the control of U.S. Customs.
Of big airlines, Delta had more long delays (81) than others between October and May, a USA TODAY analysis of the data compiled by the Department's Bureau of Transportation Statistics show. Continental was next, with 72. ExpressJet Airlines had 93 delays on Continental Express (CAL) flights, more than any other carrier.
Like the Delta flight that Whitehead was stranded on, weather played a big role in many delays, and many occurred on the same days. Most delays on Continental and many Continental Express flights occurred on Dec. 10, for instance. That's when "a freak snowstorm" hit Houston, says Continental spokeswoman Julie King.
Since then, King says, Continental has revised its procedures for long-delayed flights. It's improving its de-icing capabilities in Houston and now gives passengers the option of getting off a plane after a three-hour wait.
Airlines blame traffic, too
Mechanical and other safety concerns also contribute to delays. And the airlines say crowded airports and backed-up traffic often make it impractical for pilots to return to terminals.
For example, a mechanical problem and bad weather caused a long delay of an American Eagle flight from Colorado Springs to Dallas on June 10. The plane's air conditioning malfunctioned while waiting to land in bad weather in Dallas, and the aircraft was diverted to Wichita Falls, Texas. It waited there for 4½ hours until maintenance and weather issues were resolved.
Gordon McCracken, a filmmaker in Washington, D.C., says passengers were alarmed when smoke entered the cabin in-flight. On the ground in Wichita Falls, passengers were very cold because the air-conditioning problem caused frigid air to enter the cabin, he says.
American spokesman Tim Smith says airline mechanics found no signs of smoke, and passengers probably saw vapor caused by the cold air from the air-conditioning system. In Wichita Falls, passengers were given the option to get off the plane except for the nearly two hours before takeoff to Dallas, Smith says.
McCracken says the long delay cost him an opportunity to bid on the sale of the apartment he was renting.
American and most U.S. carriers "do not guarantee" passengers will arrive at the scheduled time, Smith says. "Any passenger with an extremely important reason or time to be somewhere should allow for the possibility of extreme delays, especially weather or air-traffic-control related," Smith says.
When planes are backed up for takeoff or landing, there may be no empty gates or equipment available to deplane passengers, the airlines say.
"Because of the antiquated air-traffic-control system in which we — and every airline — operate, we're restricted as to the operational improvements we can make," says Bryan Baldwin, spokesman for JetBlue Airways.
Aviation consultant Michael Boyd says airline CEOs "should form a conga line" to the FAA, which oversees air travel, and demand the country's air-traffic system be modernized. That could increase airspace capacity and reduce the number of waiting planes.
'All about profit'
The airlines aren't blameless, other aviation consultants say. They overschedule flights at hub airports, which creates a situation in which there are too many planes and not enough gates, says Barbara Beyer, CEO of Avmark, an airline consulting company.
Fredrick Foreman of Metron Aviation, who wrote an April report on long ground delays for the FAA, says it's all about money.
"Airlines don't want to deplane passengers because they will lose money," Foreman says. "It's not about weather — it's all about profit motive."
The airlines oppose a hard and fast law that forces them to let passengers off planes that are stranded three hours or more. They prefer letting the airlines decide, says Castelveter of the Air Transport Association.
Forcing planes to return to the gate to let passengers off after three hours "would be highly disruptive to airport and airline operations," he says. "Airlines need operational flexibility in order to get passengers, crewmembers and aircraft to their destinations."
The American Society of Travel Agents initially agreed with the airlines, but now supports congressional action.
Paul Ruden, the society's senior vice president, was on a Transportation Department task force last year that recommended airlines keep passengers informed about delays and establish time limits at each airport for deplaning passengers. But that hasn't worked, he says, and Congress now needs to set "a clear standard for the airlines to follow."
Contributing: Barbara Hansen
Find this article at:
http://www.usatoday.com/travel/flights/2009-07-27-travel-runway-delays_N.htm
Thursday, July 23, 2009
S.1451 Passengers Rights and other Consumer Language
SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.
(a) In General- Chapter 417 is amended by adding at the end the following:
`SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
`Sec. 41781. Air carrier and airport contingency plans for long on-board tarmac delays
`(a) Definition of Tarmac Delay- The term `tarmac delay' means the holding of an aircraft on the ground before taking off or after landing with no opportunity for its passengers to deplane.
`(b) Submission of Air Carrier and Airport Plans- Not later than 60 days after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, each air carrier and airport operator shall submit, in accordance with the requirements under this section, a proposed contingency plan to the Secretary of Transportation for review and approval.
`(c) Minimum Standards- The Secretary of Transportation shall establish minimum standards for elements in contingency plans required to be submitted under this section to ensure that such plans effectively address long on-board tarmac delays and provide for the health and safety of passengers and crew.
`(d) Air Carrier Plans- The plan shall require each air carrier to implement at a minimum the following:
`(1) PROVISION OF ESSENTIAL SERVICES- Each air carrier shall provide for the essential needs of passengers on board an aircraft at an airport in any case in which the departure of a flight is delayed or disembarkation of passengers on an arriving flight that has landed is substantially delayed, including--
`(A) adequate food and potable water;
`(B) adequate restroom facilities;
`(C) cabin ventilation and comfortable cabin temperatures; and
`(D) access to necessary medical treatment.
`(2) RIGHT TO DEPLANE-
`(A) IN GENERAL- Each air carrier shall submit a proposed contingency plan to the Secretary of Transportation that identifies a clear time frame under which passengers would be permitted to deplane a delayed aircraft. After the Secretary has reviewed and approved the proposed plan, the air carrier shall make the plan available to the public.
`(B) DELAYS-
`(i) IN GENERAL- As part of the plan, except as provided under clause (iii), an air carrier shall provide passengers with the option of deplaning and returning to the terminal at which such deplaning could be safely completed, or deplaning at the terminal if--
`(I) 3 hours have elapsed after passengers have boarded the aircraft, the aircraft doors are closed, and the aircraft has not departed; or
`(II) 3 hours have elapsed after the aircraft has landed and the passengers on the aircraft have been unable to deplane.
`(ii) FREQUENCY- The option described in clause (i) shall be offered to passengers at a minimum not less often than once during each successive 3-hour period that the plane remains on the ground.
`(iii) EXCEPTIONS- This subparagraph shall not apply if--
`(I) the pilot of such aircraft reasonably determines that the aircraft will depart or be unloaded at the terminal not later than 30 minutes after the 3 hour delay; or
`(II) the pilot of such aircraft reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security.
`(C) APPLICATION TO DIVERTED FLIGHTS- This section applies to aircraft without regard to whether they have been diverted to an airport other than the original destination.
`(D) REPORTS- Not later than 30 days after any flight experiences a tarmac delay lasting at least 3 hours, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Office of the Department of Transportation.
`(e) Airport Plans- Each airport operator shall submit a proposed contingency plan under subsection (b) that contains a description of--
`(1) how the airport operator will provide for the deplanement of passengers following a long tarmac delay; and
`(2) how, to the maximum extent practicable, the airport operator will provide for the sharing of facilities and make gates available at the airport for use by aircraft experiencing such delays.
`(f) Updates- The Secretary shall require periodic reviews and updates of the plans as necessary.
`(g) Approval-
`(1) IN GENERAL- Not later than 6 months after the date of the enactment of this section, the Secretary of Transportation shall--
`(A) review the initial contingency plans submitted under subsection (b); and
`(B) approve plans that closely adhere to the standards described in subsections (d) or (e), whichever is applicable.
`(2) UPDATES- Not later than 60 days after the submission of an update under subsection (f) or an initial contingency plan by a new air carrier or airport, the Secretary shall--
`(A) review the plan; and
`(B) approve the plan if it closely adheres to the standards described in subsections (d) or (e), whichever is applicable.
`(h) Civil Penalties- The Secretary may assess a civil penalty under section 46301 against any air carrier or airport operator that does not submit, obtain approval of, or adhere to a contingency plan submitted under this section.
`(i) Public Access- Each air carrier and airport operator required to submit a contingency plan under this section shall ensure public access to an approved plan under this section by--
`(1) including the plan on the Internet Web site of the carrier or airport; or
`(2) disseminating the plan by other means, as determined by the Secretary.
`Sec. 41782. Air passenger complaints hotline and information
`(a) Air Passenger Complaints Hotline Telephone Number- The Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of air passengers.
`(b) Public Notice- The Secretary shall notify the public of the telephone number established under subsection (a).
`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section, which sums shall remain available until expended.'.
(b) Conforming Amendment- The table of contents for chapter 417 is amended by adding at the end the following:
`subchapter iv--airline customer service
`41781. Air carrier and airport contingency plans for long on-board tarmac delays.
`41782. Air passenger complaints hotline and information.'.
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT DELAY HISTORY.
(a) In General- Section 41722 is amended by adding at the end the following:
`(f) Chronically Delayed Flights-
`(1) PUBLICATION OF LIST OF FLIGHTS- Each air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall, on a monthly basis--
`(A) publish and update on the Internet website of the air carrier a list of chronically delayed flights operated by such air carrier; and
`(B) share such list with each entity that is authorized to book passenger air transportation for such air carrier for inclusion on the Internet website of such entity.
`(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS- For each individual who books passenger air transportation on the Internet website of an air carrier, or the Internet website of an entity that is authorized to book passenger air transportation for an air carrier, for any flight for which data is reported to the Department of Transportation under part 234 of title 14, Code of Federal Regulations, such air carrier or entity, as the case may be, shall prominently disclose to such individual, before such individual makes such booking, the following:
`(A) The on-time performance for the flight if the flight is a chronically delayed flight.
`(B) The cancellation rate for the flight if the flight is a chronically canceled flight.
`(3) DEFINITIONS- In this subsection:
`(A) CHRONICALLY DELAYED FLIGHT- The term `chronically delayed flight' means a regularly scheduled flight that has failed to arrive on time (as such term is defined in section 234.2 of title 14, Code of Federal Regulations) at least 40 percent of the time during the most recent 3-month period for which data is available.
`(B) CHRONICALLY CANCELED FLIGHT- The term `chronically canceled flight' means a regularly scheduled flight at least 30 percent of the departures of which have been canceled during the most recent 3-month period for which data is available.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.
(a) IN GENERAL- Subject to the availability of appropriations, the Secretary of Transportation shall investigate consumer complaints regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning overbooking seats flights;
(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;
(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;
(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;
(6) the rights of passengers who hold frequent flier miles, or equivalent redeemable awards earned through customer-loyalty programs; and
(7) deceptive or misleading advertising.
(b) BUDGET NEEDS REPORT- The Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to the Congress when the President submits the budget of the United States to the Congress under section 1105 of title 31, United States Code.
SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.
(a) IN GENERAL- The Secretary of Transportation shall establish an advisory committee for aviation consumer protection to advise the Secretary in carrying out airline customer service improvements, including those required by subchapter IV of chapter 417 of title 49, United States Code.
(b) MEMBERSHIP- The Secretary shall appoint members of the advisory committee comprised of one representative each of--
(1) air carriers;
(2) airport operators;
(3) State or local governments who has expertise in consumer protection matters; and
(4) a nonprofit public interest group who has expertise in consumer protection matters.
(c) VACANCIES- A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.
(d) TRAVEL EXPENSES- Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(e) CHAIRPERSON- The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.
(f) DUTIES- The duties of the advisory committee shall include--
(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed; and
(2) providing recommendations to establish additional aviation consumer protection programs, if needed.
(g) REPORT- Not later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing--
(1) the recommendations made by the advisory committee during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary's reason for not implementing the recommendation.
SEC. 405. DISCLOSURE OF PASSENGER FEES.
(a) IN GENERAL- Within 180 days after the date of enactment of this Act, the Secretary of Transportation shall complete a rulemaking that requires each air carrier operating in the United States under part 121 of title 49, Code of Federal Regulations, to make available to the public and to the Secretary a list of all passenger fees and charges (other than airfare) that may be imposed by the air carrier, including fees for--
(1) checked baggage or oversized or heavy baggage;
(2) meals, beverages, or other refreshments;
(3) seats in exit rows, seats with additional space, or other preferred seats in any given class of travel;
(4) purchasing tickets from an airline ticket agent or a travel agency; or
(5) any other good, service, or amenity provided by the air carrier, as required by the Secretary.
(b) PUBLICATION; UPDATES- In order to ensure that the fee information required by subsection (a) is both current and widely available to the travelling public, the Secretary--
(1) may require an air carrier to make such information on any public website maintained by an air carrier, to make such information available to travel agencies, and to notify passengers of the availability of such information when advertising airfares; and
(2) shall require air carriers to update the information as necessary, but no less frequently than every 90 days unless there has been no increase in the amount or type of fees shown in the most recent publication.
(a) In General- Chapter 417 is amended by adding at the end the following:
`SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
`Sec. 41781. Air carrier and airport contingency plans for long on-board tarmac delays
`(a) Definition of Tarmac Delay- The term `tarmac delay' means the holding of an aircraft on the ground before taking off or after landing with no opportunity for its passengers to deplane.
`(b) Submission of Air Carrier and Airport Plans- Not later than 60 days after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, each air carrier and airport operator shall submit, in accordance with the requirements under this section, a proposed contingency plan to the Secretary of Transportation for review and approval.
`(c) Minimum Standards- The Secretary of Transportation shall establish minimum standards for elements in contingency plans required to be submitted under this section to ensure that such plans effectively address long on-board tarmac delays and provide for the health and safety of passengers and crew.
`(d) Air Carrier Plans- The plan shall require each air carrier to implement at a minimum the following:
`(1) PROVISION OF ESSENTIAL SERVICES- Each air carrier shall provide for the essential needs of passengers on board an aircraft at an airport in any case in which the departure of a flight is delayed or disembarkation of passengers on an arriving flight that has landed is substantially delayed, including--
`(A) adequate food and potable water;
`(B) adequate restroom facilities;
`(C) cabin ventilation and comfortable cabin temperatures; and
`(D) access to necessary medical treatment.
`(2) RIGHT TO DEPLANE-
`(A) IN GENERAL- Each air carrier shall submit a proposed contingency plan to the Secretary of Transportation that identifies a clear time frame under which passengers would be permitted to deplane a delayed aircraft. After the Secretary has reviewed and approved the proposed plan, the air carrier shall make the plan available to the public.
`(B) DELAYS-
`(i) IN GENERAL- As part of the plan, except as provided under clause (iii), an air carrier shall provide passengers with the option of deplaning and returning to the terminal at which such deplaning could be safely completed, or deplaning at the terminal if--
`(I) 3 hours have elapsed after passengers have boarded the aircraft, the aircraft doors are closed, and the aircraft has not departed; or
`(II) 3 hours have elapsed after the aircraft has landed and the passengers on the aircraft have been unable to deplane.
`(ii) FREQUENCY- The option described in clause (i) shall be offered to passengers at a minimum not less often than once during each successive 3-hour period that the plane remains on the ground.
`(iii) EXCEPTIONS- This subparagraph shall not apply if--
`(I) the pilot of such aircraft reasonably determines that the aircraft will depart or be unloaded at the terminal not later than 30 minutes after the 3 hour delay; or
`(II) the pilot of such aircraft reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security.
`(C) APPLICATION TO DIVERTED FLIGHTS- This section applies to aircraft without regard to whether they have been diverted to an airport other than the original destination.
`(D) REPORTS- Not later than 30 days after any flight experiences a tarmac delay lasting at least 3 hours, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Office of the Department of Transportation.
`(e) Airport Plans- Each airport operator shall submit a proposed contingency plan under subsection (b) that contains a description of--
`(1) how the airport operator will provide for the deplanement of passengers following a long tarmac delay; and
`(2) how, to the maximum extent practicable, the airport operator will provide for the sharing of facilities and make gates available at the airport for use by aircraft experiencing such delays.
`(f) Updates- The Secretary shall require periodic reviews and updates of the plans as necessary.
`(g) Approval-
`(1) IN GENERAL- Not later than 6 months after the date of the enactment of this section, the Secretary of Transportation shall--
`(A) review the initial contingency plans submitted under subsection (b); and
`(B) approve plans that closely adhere to the standards described in subsections (d) or (e), whichever is applicable.
`(2) UPDATES- Not later than 60 days after the submission of an update under subsection (f) or an initial contingency plan by a new air carrier or airport, the Secretary shall--
`(A) review the plan; and
`(B) approve the plan if it closely adheres to the standards described in subsections (d) or (e), whichever is applicable.
`(h) Civil Penalties- The Secretary may assess a civil penalty under section 46301 against any air carrier or airport operator that does not submit, obtain approval of, or adhere to a contingency plan submitted under this section.
`(i) Public Access- Each air carrier and airport operator required to submit a contingency plan under this section shall ensure public access to an approved plan under this section by--
`(1) including the plan on the Internet Web site of the carrier or airport; or
`(2) disseminating the plan by other means, as determined by the Secretary.
`Sec. 41782. Air passenger complaints hotline and information
`(a) Air Passenger Complaints Hotline Telephone Number- The Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of air passengers.
`(b) Public Notice- The Secretary shall notify the public of the telephone number established under subsection (a).
`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section, which sums shall remain available until expended.'.
(b) Conforming Amendment- The table of contents for chapter 417 is amended by adding at the end the following:
`subchapter iv--airline customer service
`41781. Air carrier and airport contingency plans for long on-board tarmac delays.
`41782. Air passenger complaints hotline and information.'.
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT DELAY HISTORY.
(a) In General- Section 41722 is amended by adding at the end the following:
`(f) Chronically Delayed Flights-
`(1) PUBLICATION OF LIST OF FLIGHTS- Each air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall, on a monthly basis--
`(A) publish and update on the Internet website of the air carrier a list of chronically delayed flights operated by such air carrier; and
`(B) share such list with each entity that is authorized to book passenger air transportation for such air carrier for inclusion on the Internet website of such entity.
`(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS- For each individual who books passenger air transportation on the Internet website of an air carrier, or the Internet website of an entity that is authorized to book passenger air transportation for an air carrier, for any flight for which data is reported to the Department of Transportation under part 234 of title 14, Code of Federal Regulations, such air carrier or entity, as the case may be, shall prominently disclose to such individual, before such individual makes such booking, the following:
`(A) The on-time performance for the flight if the flight is a chronically delayed flight.
`(B) The cancellation rate for the flight if the flight is a chronically canceled flight.
`(3) DEFINITIONS- In this subsection:
`(A) CHRONICALLY DELAYED FLIGHT- The term `chronically delayed flight' means a regularly scheduled flight that has failed to arrive on time (as such term is defined in section 234.2 of title 14, Code of Federal Regulations) at least 40 percent of the time during the most recent 3-month period for which data is available.
`(B) CHRONICALLY CANCELED FLIGHT- The term `chronically canceled flight' means a regularly scheduled flight at least 30 percent of the departures of which have been canceled during the most recent 3-month period for which data is available.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.
(a) IN GENERAL- Subject to the availability of appropriations, the Secretary of Transportation shall investigate consumer complaints regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning overbooking seats flights;
(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;
(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;
(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;
(6) the rights of passengers who hold frequent flier miles, or equivalent redeemable awards earned through customer-loyalty programs; and
(7) deceptive or misleading advertising.
(b) BUDGET NEEDS REPORT- The Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to the Congress when the President submits the budget of the United States to the Congress under section 1105 of title 31, United States Code.
SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.
(a) IN GENERAL- The Secretary of Transportation shall establish an advisory committee for aviation consumer protection to advise the Secretary in carrying out airline customer service improvements, including those required by subchapter IV of chapter 417 of title 49, United States Code.
(b) MEMBERSHIP- The Secretary shall appoint members of the advisory committee comprised of one representative each of--
(1) air carriers;
(2) airport operators;
(3) State or local governments who has expertise in consumer protection matters; and
(4) a nonprofit public interest group who has expertise in consumer protection matters.
(c) VACANCIES- A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.
(d) TRAVEL EXPENSES- Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(e) CHAIRPERSON- The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.
(f) DUTIES- The duties of the advisory committee shall include--
(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed; and
(2) providing recommendations to establish additional aviation consumer protection programs, if needed.
(g) REPORT- Not later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing--
(1) the recommendations made by the advisory committee during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary's reason for not implementing the recommendation.
SEC. 405. DISCLOSURE OF PASSENGER FEES.
(a) IN GENERAL- Within 180 days after the date of enactment of this Act, the Secretary of Transportation shall complete a rulemaking that requires each air carrier operating in the United States under part 121 of title 49, Code of Federal Regulations, to make available to the public and to the Secretary a list of all passenger fees and charges (other than airfare) that may be imposed by the air carrier, including fees for--
(1) checked baggage or oversized or heavy baggage;
(2) meals, beverages, or other refreshments;
(3) seats in exit rows, seats with additional space, or other preferred seats in any given class of travel;
(4) purchasing tickets from an airline ticket agent or a travel agency; or
(5) any other good, service, or amenity provided by the air carrier, as required by the Secretary.
(b) PUBLICATION; UPDATES- In order to ensure that the fee information required by subsection (a) is both current and widely available to the travelling public, the Secretary--
(1) may require an air carrier to make such information on any public website maintained by an air carrier, to make such information available to travel agencies, and to notify passengers of the availability of such information when advertising airfares; and
(2) shall require air carriers to update the information as necessary, but no less frequently than every 90 days unless there has been no increase in the amount or type of fees shown in the most recent publication.
Tuesday, July 21, 2009
AIRLINE PASSENGERS BILL OF RIGHTS IN SENATE COMMERCE COMMITTEE TUESDAY, JULY 21 !!!
The Senate Commerce Committee FAA Reauthorization includes the bipartisan Boxer-Snowe Airline Passengers Bill of Rights, giving passengers the option to safely de-plane after three hours on the tarmac. The Committee is scheduled to take up the measure on TUESDAY, JULY 21 at 2:30 PM in SR-253, Room 253 of the Russell Senate Office Building.
WE NEED YOU TO CALL OR EMAIL THE MEMBERS OF THE COMMITTEE TO SHOW YOUR SUPPORT FOR THESE IMPORTANT AIRLINE PASSENGER PROTECTIONS.
Urge the Senators to SUPPORT the Airline Passengers Bill of Rights as contained in S. 1451, the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act.
Below are the Members of the Commerce Committee, with links to their websites. Please register your support by:
r CALLING THE SENATE SWITCHBOARD AT 202-224-3121 (be aware, phone circuits are often busy, but the switchboard will connect you immediately to any Senator’s office you wish)
r CALLING EACH SENATOR’S OFFICE (the names below will link you to their websites)
r EMAILING EACH SENATOR INDIVIDUALLY (again, the names below will link you to their websites, where you will find their emails)
Democrats
John D. Rockefeller, IV
(Chairman)
Daniel K. Inouye
John F. Kerry
Byron L. Dorgan
Barbara Boxer
Bill Nelson
Maria Cantwell
Frank R. Lautenberg
Mark Pryor
Claire McCaskill
Amy Klobuchar
Tom Udall
Mark Warner
Mark Begich
Republicans
Kay Bailey Hutchison
(Ranking Member)
Olympia J. Snowe
John Ensign
Jim DeMint
John Thune
Roger Wicker
Johnny Isakson
David Vitter
Sam Brownback
Mel Martinez
Mike Johanns
WE NEED YOU TO CALL OR EMAIL THE MEMBERS OF THE COMMITTEE TO SHOW YOUR SUPPORT FOR THESE IMPORTANT AIRLINE PASSENGER PROTECTIONS.
Urge the Senators to SUPPORT the Airline Passengers Bill of Rights as contained in S. 1451, the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act.
Below are the Members of the Commerce Committee, with links to their websites. Please register your support by:
r CALLING THE SENATE SWITCHBOARD AT 202-224-3121 (be aware, phone circuits are often busy, but the switchboard will connect you immediately to any Senator’s office you wish)
r CALLING EACH SENATOR’S OFFICE (the names below will link you to their websites)
r EMAILING EACH SENATOR INDIVIDUALLY (again, the names below will link you to their websites, where you will find their emails)
Democrats
John D. Rockefeller, IV
(Chairman)
Daniel K. Inouye
John F. Kerry
Byron L. Dorgan
Barbara Boxer
Bill Nelson
Maria Cantwell
Frank R. Lautenberg
Mark Pryor
Claire McCaskill
Amy Klobuchar
Tom Udall
Mark Warner
Mark Begich
Republicans
Kay Bailey Hutchison
(Ranking Member)
Olympia J. Snowe
John Ensign
Jim DeMint
John Thune
Roger Wicker
Johnny Isakson
David Vitter
Sam Brownback
Mel Martinez
Mike Johanns
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