FAA REAUTHORIZATION ACT OF 2018 SIGNED INTO LAW; OVERVIEW OF UPCOMING CONSUMER PROTECTION DEADLINES/ISSUES
November 1, 2018
The FAA Reauthorization Act of 2018 was recently signed into law by President Trump on October 5, 2018. The Act covers a cross-section of issues that address numerous industry concerns. These include the modernization of airport infrastructure (e.g., stable funding for AIP, removal of Passenger Facility Charge (PFC) restrictions, creation of a remote air traffic control tower pilot program), the streamlining of FAA certification and regulatory processes (e.g., improved FAA workforce training, aircraft certification reform, flight standards reform, creation of Safety Oversight and Certification Advisory Committee), enhancements to aviation safety (e.g., enhanced safety training for FAA workforce, strengthened voluntary safety reporting programs for pilots, alternative methods for tracking aircraft over oceans, focus on cybersecurity, improved rest and duty rules for Part 135 flight attendants and pilots), and the safe and efficient use of drones (e.g., development of sense-and-avoid technologies, greater flexibility for FAA to approve advanced UAS operations, privacy protections for unmanned aircraft, advances low-altitude UAS traffic management systems and services).
Most importantly for foreign carriers operating to, from and within the United States, the Act includes a number of new “Customer Service Improvements” that will be imposed on the industry in the coming months/years across a broad number of topics. Below is a summary of the Act’s most significant Customer Service provisions which we have separated by topic. Where timing was indicated in, or mandated by, Congress, we have included that in red text below. Keep in mind, however, that some of these deadlines are more concrete than others.
Denied Boarding Rules:
- Tightening of Denied Boarding rules to prevent involuntarily deplaning of revenue passengers if the passenger (1) is traveling on a confirmed reservation; (2) checked in prior to the check-in deadline for the flight; and (3) had their ticket or boarding pass collected/scanned by the gate agent. This requirement became effective on October 5, 2018.
Passenger Rights:
- Covered air carriers will be required to submit to DOT, for approval by the Secretary of Transportation, a 1-page document outlining passenger rights for compensation for delays, diversions, cancellations, damage to baggage, overbooking, and involuntary denied boardings, which carriers would be required to publish on their website.
- Within 180 days DOT will issue a Final Rule that requires large ticket agents to adopt certain minimum customer service standards. To the extent feasible, new rules will require large ticket agents (those with at least $100 million in annual revenue) to comply with customer service and disclosure requirements consistent with responsibilities placed upon covered air carriers.
- Within one-year, DOT will promulgate regulations that require covered air carriers to promptly provide refunds to passengers of any ancillary fees paid for services related to air travel that they did not receive, including on a scheduled flight, on a subsequent replacement itinerary if there has been a rescheduling, or for a flight not taken by the passenger.
- Within one year, and after notice and opportunity for public comment, the FAA shall issue regulations that establish minimum dimensions for passenger seats on aircraft operated by U.S. air carriers in interstate air transportation or intrastate air transportation, including minimums for seat pitch, width, and length, and other factors that are necessary for the safety of passengers.
- Establishes the position of Aviation Consumer Advocate at DOT to help consumers resolve their air travel complaints.
- Within one year DOT shall conduct a study and issue a report to Congress, considering if DOT should require U.S. carriers to disclose to consumers the projected period of time between actual wheels-off and wheels-on times for a flight upon reasonable request from a passenger; and require U.S. carriers to post on their website the actual wheels-off and wheels-on times during the most recent calendar month for a reportable flight.
- Requires U.S. and foreign airlines and ticket agents to disclose on their own website whether or not a destination country requires the aircraft cabin or passengers to be treated with insecticides prior to the flight.
Disabled Passenger Protections:
- DOT shall develop an “Airline Passengers with Disabilities Bill of Rights”, describe the basic protections and responsibilities of air carriers, to be displayed on air carrier websites and in any pre-flight notifications.
- Effective October 5, 2018, the maximum penalty is increased to $96,420 (from the current amount of $32,140) for civil penalties involving passengers with disabilities, including damage to a passenger’s wheelchair or other mobility aid or injury to a disabled passenger.
- DOT shall conduct a rulemaking proceeding to define the term “service animal” for purposes of air transportation and to develop minimum standards for the in-cabin carriage of service animals and emotional support animals (ESAs). In so doing, DOT will consider if the definition of service animal should be aligned with that of the ADA, evaluate reasonable measures to ensure pets are not claimed as service animals, consider reasonable measures to ensure the safety of all passengers, and discuss the impact additional requirements on service animals could have on access to air transportation for passengers with disabilities (if impacts are found, DOT will find ways to eliminate or mitigate the impact). DOT will issue a final rule on these topics within 18 months. A notice of proposed rulemaking is expected to be issued by March, 2019.
Prohibited Actions on Aircrafts:
- DOT shall issue regulations on the prohibition from engaging in voice communications using a mobile communications device during scheduled passenger interstate or intrastate air transportation.
- Prohibit individuals from using electronic cigarettes while on an aircraft.
Passenger Complaints to DOT:
- Within 180 days, DOT will conduct an evaluation of the aviation consumer protection portion of its website to identify any changes to the user interface, including the interface presented to individuals accessing the website from a mobile device that will improve usability, accessibility, consumer satisfaction, and website performance.
Required Studies and Recommendations:
- Within 180 days, the Comptroller General of the U.S. will issue a report to Congress and DOT on the best practices to improve air carrier employee training on polices for nondiscrimination of racial, ethnic, and religious differences. After receiving this report, DOT will develop its own report to distribute to air carriers.
- Within one year, the Secretary of Transportation shall review the rate at which air carriers change passenger itineraries more than 24 hours before departure, where the new itineraries involve additional stops or depart 3 hours earlier or later than originally scheduled and compensation or other suitable air transportation is not offered. Within 90 days after the review, the Secretary shall issue a report to Congress on the findings.
- DOT will develop specific recommendations regarding improvements to wheelchair assistance provided by all air carriers, and recommendations on training programs for employees assisting disabled passengers.
- Within 180 days DOT shall review airline policies for traveling during pregnancy and considerations for such passengers requesting advance boarding, and if necessary, revise regulations.
- No later than 30 days after the first meeting of DOT’s Advisory Committee on the travel needs of passengers with disabilities, the Committee will conduct a review and issue recommendations on modifying the regulations governing practices for ticketing, pre-flight seat assignments, and stowing of assistive devices for passengers with disabilities.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
Share This Post
Authors
