View Full Version : Passenger Bill of Rights - New York

7th Aug 2007, 05:28
A portend of things to come here??

New York passes 'passenger bill of rights,' first of its kind in US
Airline Transport World - Tuesday August 7, 2007

The New York legislature passed and Gov. Eliot Spitzer signed into law last week a "passenger bill of rights" outlining requirements for airlines during extended ground delays, making the state that is home to busy New York JFK and LaGuardia the first in the US to act on passenger complaints of poor customer service.

Largely in response to the much-publicized incident in which JetBlue Airways passengers were forced to stay on parked aircraft at JFK for up to 10 hr. during an ice storm (ATWOnline, Feb. 21), the new law claims to cover flights at New York airports and mandates fines of as much as $1,000 per passenger for carriers that fail to comply, although airlines question whether it is enforceable under federal law.

The law requires carriers to provide food, water, clean restrooms and fresh air to passengers stranded on aircraft for more than 3 hr. It also requires airlines to provide passengers with a phone number to register service complaints and establishes an "office of airline consumer advocate" within the New York state government.

"This law establishes much-needed consumer protections that will help guarantee greater passenger safety and comfort when severe delays impact their travels from New York airports," Spitzer said. New York State Sen. Charles Fuschillo, the bill's primary sponsor, added: "This first-in-the-nation law will ensure that stranded passengers are. . .not held hostage on delayed flights without basic amenities."

An ATA spokesperson said the organization is "disappointed" by the new law and believes it is "preempted" by federal statutes, adding, "We will review our options, including possible legal challenge."

The Coalition for an Airline Passengers' Bill of Rights, which is lobbying the US Congress to include passenger rights provisions in FAA reauthorization legislation, praised "New York's tough new airline passenger rights law" and called on Congress "to finish the job for all travelers nationwide." The group wants Congress to mandate that airlines allow passengers to leave aircraft after a ground delay of more than 3 hr., something the New York bill does not do and that carriers have opposed strenuously.

"Legislating something with fixed time limits is just unpractical in terms of day-to-day operations," Delta Air Lines COO James Whitehurst told reporters last week in Washington.

by Aaron Karp

7th Aug 2007, 07:38
pax have rights? well i never.....

7th Aug 2007, 07:53
Next time the airport manager in JFK closes the door and aircaft is pushed back 10 feet and we sit there for three hours I intend to ring 911 and explain to the police that I am being held against my will....I have had enough of this treatment.

7th Aug 2007, 08:16
Keep in mind though this comes after numerous incidents over the past few years of airlines refusing to accomodate pax after a major break down, in some cases leaving them on aircraft overnight. It is forcing the airlines hand so they actually have to act if something goes wrong. It is a sad indictment of the industry when a government has to legislate such a thing. Aviation sure ain't what it used to be.

8th Aug 2007, 01:47
Folks it is a well known fact that trucks carting cattle will often sit stationary for extended periods of time. For what ever reason!

We can't possibly expect the airlines to go unloading their cattle willy nilly.

Finally, I expect a politician or a lawyer has been stuck on an aeroplane in one of these circumstance.

It takes a first hand experience to motivate these people.

Bring it on.

404 Titan
8th Aug 2007, 02:24
From someone that operates into JFK on a fairly regular basis this is a cop out by the New York Government who own JFK through the New York Port Authority. JFK would have to be one of the worst airports I operate into that has suffered huge funding shortfalls resulting in run down facilities. It is very easy to say airlines will have to pay compensation for extended ground delays but when it is usually the fault of the airport owners because of the lack of ground facilities i.e. gates etc, it is a bit rough to expect airlines to accept responsibility. This is particularly noticeable during snow storms because of the lack of de-icing facilities. This lack of infrastructure has a considerable knock on effect to an airlines operation that quite frankly the airport owners should be held responsible for, not the airlines. But like usual politicians and bureaucrats are Teflon coating their arses by passing the buck.

Worrals in the wilds
8th Aug 2007, 02:46
Continuing the cattle analogy, food for thought from the Qld Dept of Primary Industries...

Duty of Care - Ensuring the welfare of drought affected livestock during transport
Extra care should be taken when unloading animals at the end of a journey as they may be tired and distressed, this puts them at greater risk of injury. At this stage the responsibility for the welfare of the animals changes from the driver to the person receiving the animals.
Points to consider during unloading are:

Ensure that the facilities taking delivery of the livestock are suitable. This may include providing ready access to shelter, fodder and water.
The person in charge of the facility must ensure the facility is prepared and meets the needs of the animals.
Ensure the person taking delivery of the animals is made aware of any issues related to the health and wellbeing of the animals by the driver or owner.
Allow livestock to unload at their own pace. Downer stock must not be dragged off the transport vehicle. If they are unable to walk off they should be euthanized on the vehicle.
Ensure that experienced staff are available to assist with the unloading process.

The less impact on weakened animals during transport the better their welfare and the speedier their return to productivity.

http://www2.dpi.qld.gov.au/animalwelfare/18616.html (http://www2.dpi.qld.gov.au/animalwelfare/18616.html)

I have been to a number of airports that would proabably only comply with point 4, and that's once your aircraft actually makes it to a gate...
Apparently you are not permitted to make your cattle stand in an immigration queue for two hours on arrival, either :hmm:

8th Aug 2007, 13:00
Allow livestock to unload at their own pace. Downer stock must not be dragged off the transport vehicle. If they are unable to walk off they should be euthanized on the vehicle.

Flight and cabin crew better watch out....:}

Don't drag your heels.