SFGate: Beleaguered air passengers want new laws/Recent storm delays leave angry customers seeking bill of rights

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Friday, February 16, 2007 (SF Chronicle)
Beleaguered air passengers want new laws/Recent storm delays leave angry cu=
stomers seeking bill of rights
David Armstrong, Chronicle Staff Writer


   It's becoming an increasingly common nightmare scenario: A jetliner full
of passengers pushes back from an airport gateway in bad weather and waits
for the OK to take off. And waits. And waits.
   And while the wait drags on, the passenger cabin overheats, the flight
attendants run out of drinks and snacks, and the toilets back up.
   Many hours later, the passengers deplane -- still at the same airport,
angry, disoriented and determined that this must not happen again. Ever.
   The nightmare -- played out most recently on Wednesday when a JetBlue
Airways jet was delayed in New York for 11 hours during a snowstorm -- has
led to renewed cries for legislation from Congress that would create a
passengers' bill of rights. Such laws would spell out compensation for
stranded passengers and lay out operational rules for airlines.
   Such efforts have been tried before, but have not gotten off the ground.
Politically connected airlines have stalled legislation and convinced
legislators that non-experts should not be in the position of dictating to
aviation professionals how to operate aircraft in duress.
   However, with passenger numbers -- down in recent years due to the 2000-=
03
recession and 2001 terrorist attacks -- returning to normal, delays could
become more common.
   And anger over such delays is growing.
   "It was the worst. It was horrific," stranded passenger Cheryl Chesner
told the Associated Press after she and her new husband, Seth, were
grounded on their JetBlue flight to Aruba for their honeymoon. The
Chesners ended up simply going home to the Bronx.
   JetBlue Chief Executive Officer David Neeleman was the latest airline
chief to bear the brunt of public anger, after 10 JetBlue aircraft were
hit with significant delays at John F. Kennedy International Airport
during Wednesday's winter blast.
   Neeleman apologized to the stranded passengers, saying they would be
offered refunds and free tickets for future flights.
   "We didn't do a good job," a glum Neeleman said on CNBC's "Closing Bell"
Thursday afternoon. "We did a terrible job, actually."
   JetBlue isn't alone. In late December, an American Airlines flight from
San Francisco to Dallas was diverted in bad weather to Austin. The fully
loaded plane was held on the tarmac in Austin for eight hours.
   There have been no delays of that type at San Francisco International
Airport, SFO spokesman Michael McCarron said, but if there were, the
airport could do little about it.
   "What happens after the aircraft pushes back from the gate is the
government's domain; we have no legal control over it," he said. And how
to deal with such a situation is strictly the airline's call, McCarron
said.
   The previous drive for a bill of rights came after a Northwest Airlines
flight was delayed in a blizzard at Detroit Metropolitan Airport on New
Year's weekend in 1999. A bill was introduced by Sen. John McCain,
R-Arizona, and Sen. Ron Wyden, D-Ore., but was set aside after airline
CEOs swore to members of Congress that they would clean up their acts
without federal regulators stepping in.
   Although it didn't lead to new federal laws, the Detroit incident --
much-publicized at the time -- helped spark construction of a new runway
in Detroit to ease congestion, said Detroit Metropolitan Airport spokesman
Mike Conway. "We are organized much differently now," he said, adding that
the Detroit airport plowed all six runways and stayed open during a storm
early this week that dumped 8 inches of snow.
   However, he allowed that should a plane ever get stranded again on the
tarmac, it would probably not be possible to unload it and let passengers
walk back. Airlines would be worried that the walkers wouldn't be visible
in heavy weather -- and besides, there may not be stairways for use in
unloading.
   "Most jetliners are unloaded at gateways," Conway said, "not on movable
staircases, which would be icy and slippery in a storm."
   The latest drive for airline reform is being led by Napa resident Kate
Hanni, head of the newly formed Coalition for Airline Passengers' Bill of
Rights. She was stuck on the grounded American Airlines flight in Austin
in December.
   Hanni said a passengers' bill of rights should require airlines to
compensate stranded passengers 150 percent of the price of their ticket if
they were delayed more than three hours. It should also require airlines
to inform passengers within 10 minutes of a prolonged delay and explain
why the plane was being held. One of the worst things about being
stranded, Hanni said, was a lack of information; airlines often don't tell
passengers what is going on.
   Such changes would require rewriting contracts of carriage -- Department
of Transportation rules that airlines must abide by in order to fly.
   The Transportation Department, which oversees civil aviation, said
Thursday, "Like everyone, we are extremely concerned about reports of
passengers stranded on planes during lengthy delays. In that vein, we are
reviewing this and other weather-related incidents."
   Aviation experts weren't handicapping the likelihood of a passengers' bi=
ll
of rights going into effect this year, but some industry pundits say a new
law wouldn't do much good.
   "It wouldn't do a damn thing," said Michael Boyd, principal of the Boyd
Group, an aviation consultancy in Evergreen, Colo. Operational problems
are the root cause of monster delays, and legislation wouldn't change
that, Boyd said.
   "How would that (a new law) help if you made 300 people walk across an i=
cy
runway?" he asked. "Or if an aircraft had to be diverted to another
airport? If there are 30 aircraft and eight gates? What about security?"
   "That's el toro doo-doo," Boyd said of attempts to politicize the issue.
"It's grandstanding beloved of certain denizens of the Washington deep."
   The Business Travel Coalition, a nonprofit association of corporate trav=
el
planners headquartered in Radnor, Pa., also opposes a passengers' bill of
rights.
   "Some proposals currently being discussed call for penalties for canceled
flights," the BTC noted in a Feb. 2 statement. "Commingling financial
penalties with airline operations and decisions relating to go/no-go
decisions would lead to a reduction of current safety margins.
   "If airline passenger rights legislation were to become law," the
coalition continued, "it would be added to by members of Congress in tight
re-election races in each election cycle. Every harebrained idea would end
up in legislation of this sort."

Resources
   Web sites for stranded passengers:
   -- www.dot.gov
   -- www.strandedpassengers.blogspot.com
   -- www.jetblue.com

   E-mail David Armstrong at davidarmstrong@xxxxxxxxxxxxxxxx --------------=
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Copyright 2007 SF Chronicle

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