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Republicans Have Killed The Passenger's Bill Of Rights. Long Live The Passenger's Bill Of Rights!

Get ready to spend nine hours on the tarmac without food or water. Senate Republicans yesterday shoved the Passenger's Bill of Rights into the chamber's overhead bin, killing off hope that the bill will pass before the elections. Even worse, the shot-down bill had transformed into a gleaming marvel of consumer protection.

Here's what happened: Senate Majority Leader Harry Reid (D-NV) filed a motion for cloture—Senate-speak for shut-up and stay on topic—which requires a supermajority of 60 votes for approval. Without cloture, Senators can yack forever like a bunch of riled-up monkeys. The vote on cloture failed 49-42, empowering Republicans to filibuster our beautiful piece of legislation into the ground.

What protections have Senate Republicans stolen from you? Let's look at Senator Rockefeller's (D-WV) substitute amendment sporting the new, improved Passenger's Bill of Rights:

TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.

(a) IN GENERAL.—Chapter 417 is amended by adding at the end the following:

SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE ``§.41781. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.

(a) IN GENERAL.—Not later than 60 days after the date of enactment of the Aviation Investment and Modernization Act of 2008, each air carrier shall submit a contingency service plan to the Secretary of Transportation for review and approval. The plan shall require the air carrier to implement, at a minimum, the following practices:

(1) PROVISION OF FOOD AND WATER.—If the departure of a flight of an air carrier is substantially delayed, or disembarkation of passengers on an arriving flight that has landed is substantially delayed, the air carrier shall provide—

(A) adequate food and potable water to passengers on such flight during such delay; and

(B) adequate restroom facilities to passengers on such flight during such delay.

(2) RIGHT TO DEPLANE.—

(A) IN GENERAL.—An air carrier shall develop a plan, that incorporates medical considerations, to ensure that passengers are provided a clear timeframe under which they will be permitted to deplane a delayed aircraft. The air carrier shall provide a copy of the plan to the Secretary of Transportation, who shall make the plan available to the public. In the absence of such a plan, except as provided in subparagraph (B), if more than 3 hours after passengers have boarded a flight, the aircraft doors are closed and the aircraft has not departed, the air carrier shall provide passengers with the option to deplane safely before the departure of such aircraft. Such option shall be provided to passengers not less often than once during each 3-hour period that the plane remains on the ground.

(B) EXCEPTIONS.—Subparagraph (A) shall not apply—

(i) if the pilot of such flight reasonably determines that such flight will depart not later than 30 minutes after the 3 hour delay; or

(ii) if the pilot of such flight reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security.

(C) APPLICATION TO DIVERTED FLIGHTS.—This section applies to aircraft without regard to whether they have been diverted to an airport other than the original destination.

(b) POSTING CONSUMER RIGHTS ON WEBSITE.—An air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall publish conspicuously and update monthly on the Internet website of the air carrier a statement of the air carrier's customer service policy and of air carrier customers' consumer rights under Federal and State law.

(c) REVIEW AND APPROVAL; MINIMUM STANDARDS.—The Secretary of Transportation shall review the contingency service plan submitted by an air carrier under subsection (a) and may approve it or disapprove it and return it to the carrier for modification and resubmittal. The Secretary may establish minimum standards for such plans and require air carriers to meet those standards.

(d) AIR CARRIER.—In this section the term `air carrier' means an air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation.''.

(b) REGULATIONS.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate such regulations as the Secretary determines necessary to carry out the amendment made by subsection (a).

So what's different from the old versions?

  • Compliance: Airlines now have 60 days, not 90 days, to get their act together and slap together a contingency plan;
  • Advertising: Congress wants this Bill of Rights placed "conspicuously" on each arline's website. No burying the Bill of Rights in a site index;
  • Not Just For Departures: The substitute amendment now covers delayed arrivals.

We're not wild about the absence of civil penalties, or empowering pilots to stall if they "reasonably determine" that take-off is less than 30 minutes away. As compensation for these losses, Senator Rockefeller tossed in this gem of a sweetener:

SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT DELAY HISTORY.

Section 41722 is amended by adding at the end the following:

(f) CHRONICALLY DELAYED FLIGHTS.—

(1) PUBLICATION OF LIST OF FLIGHTS.—An air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall publish and update monthly on the Internet website of the air carrier, or provide on request, a list of chronically delayed flights operated by the air carrier.

(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS.—An air carrier shall disclose the following information prominently to an individual before that individual books transportation on the air carrier's Internet website for any flight for which data is reported to the Department of Transportation under part 234 of title 14, Code of Federal Regulations, and for which the air carrier has primary responsibility for inventory control:

(A) The on-time performance for the flight if it is a chronically delayed flight.

(B) The cancellation rate for the flight if it is a chronically canceled flight.

(3) CHRONICALLY DELAYED; CHRONICALLY CANCELED.—The Secretary of Transportation shall define the terms `chronically delayed flight' and `chronically canceled flight' for purposes of this subsection.''.

If an flight is chronically late, not only must the airline broadcast their shame on their website, but they must also warn travelers before selling tickets that their flight will likely be delayed.

The Passenger's Bill of Rights was tacked onto a much larger bill reauthorizing the FAA. Members of Congress could rip out the Bill of Rights and and pass it separately, but the Congressional calendar crowds up before elections, and our important little bill has little hope of standing out.

Like a Price Is Right Danger Price loser, we don't get the contingency plans; we don't get the food or water; and we don't get the chronically delayed flight notifications. We get nothing. Thanks, Senate Republicans!

Air safety, passenger rights bill hits dead end in Senate [AP]
On the Cloture Motion (Motion to Invoke Cloture on the Rockefeller Amdt. No. 4627 (Subst.) to H.R. 2881 ) [U.S. Senate]
(Photo: Getty)

1:15 PM on Wed May 7 2008
By Carey
8,088 views
171 comments

Comments

  • I'm starting to believe there is a major conspiracy against flying.

  • Uh, aren't the Democrats a majority in the Senate right now? Where are the other Dems instead of joining the 49 in favor?!

    I sure hope that golf game was worth it, guys. :|

  • @wring: Probably because the rich and powerful want to keep the rabble on the ground where they belong. Flight is too good for the scum-of-the-earth middle class! at some point in the not-too-distant future, only the ruling elite will be able to fly with their private jets, and the skies will be much more clear to deploy unmanned surveillance flight drones to keep an eye on the commoners.

  • Image of Buran Buran at 01:33 PM on 05/07/08 *

    How can they kill it if they need to reauthorize the FAA?

  • "Passenger bill of rights" What a perfect name. I prefer, "Airline Companies Cant run their private business, lack of rights"

    I'm not saying I'm all for this. But Government has no place in private companies. Just think if they passed "Consumers bill of rights" and consumerist was forced to put something on their website. Their would be riots in the server rooms.

  • To hell with flying. I stopped flying when they started requiring me to remove my flip-flops at security and then took away my wife's lip gloss.

    And now they're making women go to a separate room, strip down, and remove your nipple ring if you happen to have one.

    They can all kiss my ass and keep their overpriced Greyhound bus with wings.

  • Look, I think we really need something like this but in reading through it it seems like there are so many loopholes written in that nothing would ever happen. Words and hrases like "adaquate", "substantially delayed", and "reasonably determines" seems way to vague for a passenger to demand anything I believe the spirit of this bill stands for. Yay for legalese!

  • @Bladefist:

    While I'm leaning to agree with you, I still find it criminal to hold people on a grounded plane for 12 hours with no food, water, or restrooms. If they don't want to provide those things then they should let people get off the plane. Isn't that called "Kidnapping"?

  • @Bladefist:

    Wrong. Government does have a place in private comapanies when the government has given millions (billions?) of dollars to these bloated models of inefficiency keeping them from going belly-up.

  • @Dakine: Boy-cott fixes that problem without having 100 old men arguing about it on our dime.

    @wgrune: Good point.

  • Oh come on, blaming this on Republicans is dishonest. This is a perfect example of politics-as-usual in Washington.

    Instead of raising this as a separate bill to be debated, the powers-that-be attached it to something they thought was "safe" to sneak it into law. Unfortunately, it wasn't safe enough. But was it due to this? Or was it due to some other "rider" that was tacked on.

    We can only draw two conclusions:
    1. Republicans did not like SOMETHING that was included in that bill and had to kill this particular piece with the whole thing, and
    2. The Democrats didn't favor this enough to make it its own bill.

    So who's really to blame?

  • @Dakine: And I'm willing to bet its our lovely government that is holding the plane us. IE, I'm guessing they created the problem, now they are going to fix it. And the airline is trapped in the middle. I mean 12 hours of a plane grounded, how much revenue is lost? They would take off in a heart beat if FAA would allow them to. Maybe I'm wrong. Correct me.

  • @Dakine: Here-here. The last flight I tried to take was canceled within an hour of me leaving the house... despite information right on the confirmation telling you to arrive at the airport the standard two hours ahead of time. No reason given. Barely any other delays at the airport (Ohare) or at the destination (Arkansas). Screw flying. After all this crap, I would rather spend an entire day driving.

  • @Tux the Penguin: NO! Too logical. It was the evil republicans. They hate you, booga bogga!

  • @Bladefist: Perhaps, but that't not really why the bill was killed. For the most part, republicans wanted a Passenger Bill of Rights just as much as Democrats. This bill's demise had more to do with unrelated amendments on the bill (by both parties) and plain old senate infighting than anything else.

    That said, it's probably unfair to blame the Republicans for this entirely. The Democrats were adding (some unrelated) amendments to this bill and preventing Republicans from doing the same. I don't see how anything ever gets done in the Senate these days -- both parties need a punch in the face sometimes.

    The airlines certainly take enough in government subsidies -- I don't hear any complaining from them about government's place in private companies when they get their checks.

  • Image of Carey Carey at 01:43 PM on 05/07/08 *

    @Buran: Congress has extended FAA funding and taxes four times since September. The current extension runs through June. It's like when Congress fails to adopt a budget. We don't run out of money, we just extend the old budget until the new one is signed.

  • @Shadowman615: Bah. Ninja'd on both counts.

  • @Bladefist:

    I'd agree with you if the government would quit bailing the damn airlines out financially every decade or so.

  • Zzzzzzzzz... more legislation just makes more red tape. I'll pass on these abortions we call "passenger's rights" bills.

  • @Jaysyn: Wish they would stop too, but I see why they do it. It's not so much I'm against the PBR. I agree with some of the people above. The democrats appeared to attach a bunch of stuff to it, to sneak it by. I don't think anyting in the PBR is bad enough to get a complete republican black ball.

  • @Bladefist:

    It doesn't matter if it's the airline or the gov at fault for it. Holding people hostage for that long is wrong. An hour is a "delay". 12 hours is "being a prisoner". I'm surprised nobody claimed to have a bomb just to get the door open.

    But then it also goes to show how unwilling people are to stand up for themselves. There's enough passengers on a plane to get the door open if they want it open.

  • @Dakine:
    Well it does matter. I agree with you, but, IF the government regulations are holding the plane up, wouldn't you find it unfair that they are almost now making rules to fine the company in a hold up?

    The government kicks them in the nuts, the charges them for it.

  • @Applekid: Missing 2 Senators who are too busy campaining to be bothered with showing up to vote.

  • If we could just get everyone on the plane to agree to waive their right to a 100%, absolutely SAFE flight, free of terrorists, and waiving their 'right' to sue the airlines for a gazillion dollars (that's an actual number) ... then we could all get on the plane and fly.

    In addition, the government can stop bailing out airlines (perhaps the most heavily leveraged businesses in existence) if Americans will stop asking politicians to interfere with the market every time there's a problem.

    I say the government should stay out of all this. Disband the FAA, and everyone just bring your own parachute. The government is forcing airlines to meet very high safety guarantees, and now that they are doing so (and some passengers have to wait hours as a result) the government is now being called upon to 'fix' the problem they created!

    Considering their track record so far, having Congress do nothing sounds like a dream.

  • @ravensfire:

    It was short seven votes though.

  • Of course their is a conspiracy against flying. It's the terrorist weapon of choice. No planes flying means no buildings will be crashed into. Shelving this bill is all part of the War on Terrorism the Republicans are so hardy to support.

  • Conservativism is a metal disorder.

  • @Bladefist:
    I have to disagree with you on this. Airlines have to accept whatever regulation that the people, through their elected represenatives decide they should.

    The airlines all utilize the commons of society, in this case the airspace above us. They exist in a situation where only they can perform the kind of service that they offer at the scale they do it. Plus they accepted bailouts after 9/11, so therefore they should actually feel indebted to the people who kept them flying. The bill doesn't require them to do anything that could be considered onerous so what is the problem.

    So if I'm trapped on a plane for 12 hours and I demand to be allowed off are they now guilty of wrongful imprisonment? Or does their right to run their private business trump my right to freedom of movement?

    On another note, since the government seems to have no business in the regulation of private business could I then require that all planes crossing over my home pay a fee for crossing my property line.

    What if I was driving a construction vehicle doing work on your street and I block you in your driveway for untold number of hours. Don't call the police since government has no business telling people how to run their private business. You and I would have to come to some sort of an agreement. Maybe for an extra fee I'll allow you first class access to the street at the end of your driveway.

  • @Pro-Pain: Wow, such a broad statement based on the limited reporting by a blogger who obviously had an emotional attachment to one of many amendments to the FAA bill...

  • @Pro-Pain: metal disorder? I just had a blood test, no metal was found.

  • If I remember correctly, this all started with the JetBlue incident last year. The whole reason the flight sat on the tarmac for hours instead of returning to the gate had to do with FAA limits on the number of hours a pilot could work. How come nobody is considering the fact that maybe its the government that causes these messes, and maybe getting the government out of the way will help make the messes a little less sloppy.

  • @chargernj: I understand your line of thinking. I don't know if you can compare streets and air space. I guess if you wanted to build a sky scraper in your back yard, I would be in your favor to let you and make the planes go around. But anywho, I'm not going to agree with you fully, but I find your opinion logical. Planes are special I guess. But the government seems to think they own the airspace. Actually they own everything. Imminant domain. I just fight to good fight to not let them get any more into my life. But as I said above, the PBR is not that bad. It's probably the other parts to it that are.

  • @Bladefist, meant to type mental, and it was just a joke...

  • I really hope enough changes after the next election to cut down on the games and bickering in Congress. With such a thin majority it is impossible for force anything through. Most of the republicans left there have dug in their heels and seem only interested in corporate handouts and pork. I just wish people could behave like adults and pass a few things that we actually need.

  • @chargernj: I think what Bladefist means is that although the airlines should be providing for their passengers, this "Bill of Rights" is stepping on their rights to do business as they see fit.

    Try and see it from the airlines perspective: someone is coming to them and saying, "This is how you will operate." If the airlines were a public service, that would be perfect, but the airlines are a private business. They are dealing with their money, their property, and they are the only ones who eat the costs, not these regulatory agencies and legislative bodies.

    Of course, it's absurd that airlines don't offer these things. So what you should do is refuse to use the airlines. Refuse to do business with any airline that will not provide for you in extreme cases. They will be forced to compensate to stay in business if that's the will of the consumer. It will definitely lead to a price increase, but that's how the world works. You don't pay the price that you want to pay; you pay the price that both parties can afford, as a trade for what both parties agree upon. Every time you purchase a ticket on one of these cattle-car planes, you are agreeing to the conditions they submit you to. Not a legal agreement, but a moral, value-based agreement. Vote with your dollar.

    The only other recourse is to lobby for the creation of a public air travel service.

  • Image of Buran Buran at 02:28 PM on 05/07/08 *

    @Bladefist: Get that checked! You need to have iron in your blood, as hemoglobin is based on it!

  • @bohemian: Read the news. Who is still adding a ton of pork? Obama and Clinton. Who asked for 0 pork? McCain. Come on now. You're better then that.

  • @Buran: lol nice.

    @chrisjames: Agreed. Also, what people vastly don't understand is, any costs associated with more regulation will be passed directly to the consumer. FAA fines AA 5 million for being late, who is paying that 5 million? Is the CEO going to sell his yatch? Or is Joe Blow's fare going to go up $3. Then day later, on consumerist: "AA raises your fare, and there is nothign you can do" then in the comment section, "like omg, why is this happening"

  • @ravensfire: Missing 3 senators on the campaign trail, to be fair.