More states try to model N.Y.'s passenger bill of rights

Airlines are resisting talk of a passenger bill of rights, saying such regulation is the purview of US government.

from the January 8, 2008 edition

Page 2 of 2

Page 1 | 2

"We also witnessed medical events, people getting in fistfights and getting arrested, hazmat being called because a dog had pooped all over some people," she says. "There was just a callous disregard for the passengers."

That incident, along with a Valentine's Day ice storm a few months later that also left hundreds stranded for hours, prompted Congress and the Department of Transportation to take notice. Hearings were called, and again a Passenger Bill of Rights was debated. In the end, the airlines convinced Congress and the DOT that they would do better. Each one now has a contingency plan for how best to serve customers when there are long delays. But many passenger advocates are still not satisfied.

"The DOT are wimps on all of this. They haven't used their statutory authority or the bully pulpit enough," says Kevin Mitchell, chairman of the Business Travel Coalition. "Congress attempted to fill the vacuum, but obviously not to the extent that was perceived to be acceptable to New York."

And so, New York did it. But Mr. Mitchell and others warn there could be some unintended consequences of a passenger bill of rights – like more canceled flights. That's prompted the Air Travelers Association, which calls itself a consumer group but doesn't disclose its membership or where its funding comes from, to oppose a bill of rights.

"We oppose anything that's going to make things worse for passengers, and we especially oppose anything that increases cancellations for passengers," says David Stempler, president of the Air Travelers Association.

He and others are also worried that 50 different state laws would create a patchwork of regulations. But Mitchell and other consumer organizations still favor a federal law. "There are unintended consequences; New York could be followed by many other governmental authorities and this could become a nightmare scenario," says Mitchell. "In recognition of that ... Congress and the DOT are going to get their acts together and the ATA and the airlines are going to welcome it. This could have a storybook ending."

1 | Page 2