Mon, Dec 21, 2009
Other Passenger Protections, Such As Food And Water,
Included
U.S. Transportation Secretary Ray LaHood (pictured) has
announced a new rule that significantly strengthens protections
afforded to consumers by, among other things, establishing a hard
time limit after which U.S. airlines must allow passengers to
deplane from domestic flights. LaHood revealed the new rules in a
news release Monday
“Airline passengers have rights, and these new rules will
require airlines to live up to their obligation to treat their
customers fairly,” Secretary LaHood said.
The new 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. U.S. carriers operating international
flights departing from or arriving in the United States must
specify, in advance, their own time limits for deplaning
passengers, with the same exceptions applicable.
Carriers are required to provide adequate food and potable
drinking water for passengers within two hours of the aircraft
being delayed on the tarmac and to maintain operable lavatories
and, if necessary, provide medical attention.
This rule was adopted in response to a series of incidents in which
passengers were stranded on the ground aboard aircraft for lengthy
periods and also in response to the high incidence of flight delays
and other consumer problems. In one of the most recent tarmac
delay incidents, the Department fined Continental Airlines,
ExpressJet Airlines and Mesaba Airlines a total of $175,000 for
their roles in a nearly six-hour ground delay at Rochester, MN.
The rule also:
- Prohibits airlines from scheduling chronically delayed flights,
subjecting those who do to DOT enforcement action for unfair and
deceptive practices.
- Requires airlines to designate an airline employee to monitor
employee to monitor the effects of flight delays and cancellations,
respond in a timely and substantive fashion to consumer complaints
and provide information to consumers on where to file
complaints.
- Requires airlines to display on their website flight delay
information for each domestic flight they operate.
- Requires airlines to adopt customer service plans and audit
their own compliance with their plans.
- Prohibits airlines from retroactively applying material changes
to their contracts of carriage that could have a negative impact on
consumers who already have purchased tickets.
Today's final rule was adopted following a review of public
comments on a proposal issued in November 2008. The
Department also plans to begin another rulemaking designed to
further strengthen protections for air travelers. Among the
areas under consideration are: a requirement that airlines submit
to the Department for review and approval their contingency plans
for lengthy tarmac delays; reporting of additional tarmac delay
data; disclosure of baggage fees; and strengthening requirements
that airline ads disclose the full fare consumers must pay for
tickets.
The rule goes into effect 120 days after date of publication in
the Federal Register, which would be April, 2010.
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