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Press Release of Senator Boxer

Senators Boxer and Snowe Reintroduce Airline Passengers' Bill of Rights

Tuesday, January 13, 2009

Washington, DCU.S. Senators Barbara Boxer (D-CA) and Olympia Snowe (R-ME) reintroduced the Airline Passengers’ Bill of Rights to ensure that travelers are not unnecessarily trapped on airplanes for excessive periods of time or deprived of food, water, or adequate restrooms.

Senator Boxer said, “We all understand that bad weather happens and that delays happen, but no one should be held captive on airplanes without access to food, safe drinking water or functioning bathrooms.  People deserve to be safe and comfortable and know that airlines and the Department of Transportation are going to protect and accommodate them in the event of excessive delays.”

“Whether it is the record length of delays, lack of access to adequate food and water or the overbooking of flights, the U.S. airline industry has time and time again failed to protect the basic rights of the flying public,” Senator Snowe said.  “Given the amount of money Americans are paying for airline fares and the unconscionable litany of fees and surcharges being tacked on to the price of a ticket, Congress has an obligation to step in and set a standard for airline consumer protections in this country.  This legislation is a common-sense solution that will ensure the safety of travelers and guarantee their basic needs.”  

The legislation would require:

  • Airlines to offer passengers the option of safely deplaning once they have sat on the ground for three hours after the plane door has closed.  This option would be provided every three hours the plane continues to sit on the ground.
  • Airlines to provide passengers with food, potable water, comfortable cabin temperature and ventilation and adequate restrooms while a plane is delayed on the ground.
  • Department of Transportation (DOT) to create a consumer complaint hotline so that passengers can alert the agency about delays.
  • Airports and airlines to develop contingency plans for delayed flights to be reviewed and approved by DOT.  The bill also allows the DOT to fine air carriers and airports that do not submit or fail to comply with contingency plans.

The bill provides two exceptions to the three-hour option to ensure passenger safety and airport efficiency.  The pilot may decide to not allow passengers to deplane if he or she believes their safety or security would be at risk due to weather or other emergencies.  Additionally, the pilot may delay deplaning up to a half hour beyond the three hour period if he or she reasonably believes the flight will depart within 30 minutes.

Boxer and Snowe first introduced this legislation in 2007 following several incidents at airports where passengers were forced to remain on airplanes for as long as 11 hours.

Provisions of their Airline Passengers’ Bill of Rights were included in the Federal Aviation Administration Reauthorization bill, which was passed by the Commerce Committee but blocked on the Senate floor.

The case for federal action was strengthened when the U.S. Court of Appeals struck down a New York State law protecting passengers’ rights.  The Court said that only the Federal Government has the authority to enact such a law.

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