SFGate: Passenger rights: Bills miss a few wrongs

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Sunday, February 3, 2008 (SF Chronicle)
Passenger rights: Bills miss a few wrongs
Ed Perkins, Tribune Media Services



   Some sort of federal "Air Passenger Bill of Rights" is looking more like=
ly
this year. And the impetus for the improved outlook, oddly enough, is
coming from individual states rather than the federal government.
   My reservations about such bills, however, remain: The "rights" you're
likely to see apply only in rare occurrences; new rights rules are likely
to cause unintended consequences and current proposals ignore some much
more pervasive problems.
   The first new passenger rights law, from New York, went into effect last
month, and it has already passed its first legal challenge from the big
airlines. Although those airlines may decide to appeal their initial
setback in higher court, the law remains in effect. It requires airlines
to provide snacks, water, fresh air, and clean restrooms to any passengers
stalled on a runway more than three hours awaiting takeoff clearance.
Airlines that don't comply are subject to a fine up to $1,000 per
passenger.
   Of course, the New York law applies only to delays at airports in that
state, and it does not include delays after landing while planes wait for
a gate to unload. According to various trade reports, other states are
considering similar laws.
   Meanwhile, proposed federal requirements are under consideration in both
the Senate and the House. The Senate bill includes provisions similar to
New York's, but it adds a requirement that travelers be allowed to deplane
after three hours.
   Initially, the big airlines fought against federal rules. But they like a
proliferation of state rules even less than new federal rules, so they may
actually switch to becoming reluctant supporters of a uniform federal bill
- especially if they can succeed in weakening it first.
   The provisions of these current proposals are in response to several
well-publicized instances of travelers being "held hostage" on the ground
up to 10 hours by a combination of lousy weather and airline fumbling. And
travelers should certainly be protected against such indignities if
possible.
   But the new rules pose a big potential for unintended consequences.
Airlines, like other human organizations, will game any system of rules
imposed on them. And if those rules penalize them heavily for long waits
on the ground, the airlines will make sure they don't happen. But that
means canceling delayed flights rather than continuing to wait for
clearances.
   And, once their flights are canceled, passengers could face a tough time
finding replacement reservations. I hope I'm wrong, but my current guess
is that the new rules will result in an increase in the number of severely
disrupted passengers rather than a decrease.
   Meanwhile, airlines continue to abuse travelers on a daily basis in other
areas. Although the Department of Transportation asked for comments on
increasing penalties for involuntary bumping last year, I haven't seen any
outcome yet - and involuntary bumping affects far more travelers than long
delays on the tarmac.

   E-mail syndicated columnist Ed Perkins at eperkins@xxxxxxxxx =A9 Tribune
Media Services ------------------------------------------------------------=
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Copyright 2008 SF Chronicle

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