A group of United States senators has introduced a pair of new bills to expand protections for air travelers. The effort is led by Senators Edward J. Markey of Massachusetts and Richard Blumenthal of Connecticut. The Airline Passengers’ Bill of Rights and the Forbidding Airlines from Imposing Ridiculous (FAIR) Fees Act seek to ensure customers are protected following mass cancellations over the busy Christmas travel period due in part to severe weather.
The senator from Connecticut was among those who sent a letter to Southwest Airlines CEO Robert E. Jordan seeking answers in the wake of the airlines’ holiday flight cancelations. Other senators to sign the letter included 2020 presidential candidates Elizabeth Warren, Bernie Sanders, and Cory Booker.
The first of the bills, the Airline Passengers’ Bill of Rights, seeks to ensure airlines provide passengers with fair compensation, refunds, and recourse in the event of airline-caused flight delays and cancellations. Other key tenants of the proposed legislation include requiring airlines to pay at least $1,350 to passengers denied boarding due to an oversold flight and mandating airlines to refund bag fees for damaged or lost bags immediately. The Airline Passengers’ Bill of Rights is cosponsored by Senators Sheldon Whitehouse (Rhode Island), Bob Casey (Pennsylvania), Ron Wyden (Oregon), and Bernie Sanders from Vermont.
The Senators, along with several colleagues in the House of Representatives, also reintroduced the FAIR Fees Act, which aims to prohibit airlines from charging unreasonably high fees for essential services, including checked bags, seat selection, and ticket changes. Ed Markey, the junior Senator from Massachusetts, outlined his motivation for introducing the legislation:
“Air travelers shouldn’t have to foot the bill for basics like a carry-on bag, a seat next to their children, or even for a sip of water, especially as airlines continue to fail passengers at every turn.
“Our nation’s largest airlines can’t even guarantee consumers that their flights won’t be delayed or cancelled, that their luggage won’t be lost, or that they won’t get stranded at the gate because of overbooking. The status quo won’t fly any longer. We must empower regulators and uphold passengers’ rights so they are treated with dignity before, during, and after their flight.”
The two Senators, along with Commerce Committee Chair Maria Cantwell, previously wrote the US Department of Transportation in November, urging the agency to strengthen its proposed rule on airline ticket refunds.
Increased protections for air travelers
The proposed legislation would protect air travelers by requiring airlines to provide ticket refunds and alternative transportation for flights delayed between one and four hours. Airlines would also be responsible for providing ticket refunds, alternate transportation, compensation, and covering the cost of meals and lodging for flights delayed more than four hours.
The bill would also establish a minimum payout of $1,350 to passengers involuntarily denied boarding due to airlines overselling flights. The rule would apply to both domestic and foreign air carriers. Additional measures would encourage airlines to provide compensation for passengers voluntarily giving up their seats and prohibit carriers from imposing a cap on the amount of compensation provided. The sum offered can often be substantial, as seen by a recent Delta flight that offered passengers $8,000 to take a later flight. Airlines are currently required to compensate customers in exchange for taking a different flight before they are allowed to deny boarding.
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The proposal also directs the Department of Transportation to facilitate interline agreements between airlines to ensure the availability of alternative flights and become more strict on airlines using weather as an excuse for delays and cancellations in situations when the airline is to blame. Richard Blumenthal of Connecticut, which has seen a significant boom in Tweed New Haven due to entrant Avelo Airlines, expressed his reasoning behind introducing the bill:
“This legislation will ensure fliers have the essential consumer protections they deserve. The Southwest Airlines debacle is just the latest example of why we urgently need stronger passenger protections, as air travel has become more stressful, unpredictable, and uncomfortable for fliers.
"This legislation will establish clear, enforceable rules for airlines to follow, putting consumers first and restoring sanity to the skies.”
Reducing ancillary fees in the industry
The proposal also requires the Federal Aviation Administration to study aircraft food and water safety and mandate that drinking water and restrooms be available free of charge and accommodate passengers with disabilities. The legislation seeks to prohibit airlines from charging excessive and unnecessary fees and mandates that airlines immediately refund bag fees for damaged or lost bags.
Other proposed protections include ensuring airlines reveal the actual flying costs and offer the lowest fares on multi-segment flights, which can often be cheaper than a direct flight to the connecting airports. Improving processes for passengers submitting airline complaints, forcing airlines to address concerns quickly, and reinstating the right of passengers to sue airlines in federal and state court for unfair and deceptive practices.
The acts would also forbid airlines from shrinking the size of aircraft seats until regulators implement a minimum seat size requirement.
Source: CNBC, United States Senate