PROPOSED SENATE RULE WOULD CREATE AIRLINE COMPETITION COMMISSION/REQUIRE DOT TO ISSUE PASSENGER COMPENSATION FOR BAGGAGE DELAY
March 30, 2016
Reauthorization of the Federal Aviation Administration (FAA), which is currently authorized through March 31, 2016, is now being considered by both the U.S. House of Representatives and the Senate.
Measures specific to the House Bill, H.R. 4441, include:
- A requirement for airlines to refund baggage fees for bags delayed more than 24 hours on domestic flights;
- A ban on cell phone use for in-flight voice communications on scheduled passenger flights;
- A requirement that airlines notify passengers of their consumer rights by including Customer Service Plans on their websites;
- An authorization for the Department of Transportation (DOT) to establish a smartphone application for consumer complaints;
- A requirement that large and medium airports provide private rooms in every terminal for nursing mothers; and
- A requirement that airlines notify families, before tickets are booked, if family members are assigned separated seats.
Separate measures proposed in the Senate Bill, S. 2658, are:
- A requirement that U.S. carriers develop a “fatigue risk management plan” for flight attendants to be submitted to the FAA;
- A mandate that the FAA create rules for personal space on aircraft to keep airlines from squeezing passengers closely together on flights in seats that are decreasing in size;
- A requirement that FAA airplane evacuation testing be performed using the tight seating found on aircraft with 28-inch seat pitch;
- A requirement for additional fees, such as itinerary change fees, to have a relationship to the cost of services being provided;
- A mandate to standardize the 24-hour refund rule so that all airlines provide refunds 24 hours after a fare is purchased, rather than a 24-hour grace period prior to purchase, reducing current confusion with the rule;
- The creation of an Airline Competition Commission to study the changes in the aviation system and how consolidation has affected airline competition and pricing; and
- A requirement that air carriers provide notification and refunds to consumers impacted by delays or cancellations when the carrier has a choice to cancel or delay a flight during a weather-related event, or for involuntary changes to the consumer’s flight itinerary.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).