Airline passengers will soon have a legal remedy for the extreme inconveniences suffered from being stranded on an aircraft for extended periods of time. The push for new regulations came about a few years ago after there were several instances of passengers stuck on grounded airplanes for six to eight hours at a time. The stranded passengers were left sitting on the tarmac without food, water or usable bathrooms. Federal statistics showed that in 2007, over 1,500 flights were boarded, but then delayed for more than three hours before takeoff. Those figures did not include delays after landing or flights that were canceled after long delays.

 

 

In response to such incidents several advocacy groups were formed, such as the Coalition for an Airline Passengers’ Bill of Rights, to lobby for new regulations. Congress, the U.S. Department of Transportation and several states, including California, considered legislation to address the problem. The State of New York passed its own Passenger Bill of Rights, which was later struck down by a federal appeals court. California’s bill would have required airlines to provide basic necessities such as drinking water, food, fresh air and lights, and sanitary restrooms. The bill passed the Assembly in 2008 but failed to clear the Senate.

 

 

Despite the failings of some state legislation, the U.S. Department of Transportation (DOT) issued new regulations that take effect in late April, 2010. The new rule limits airline tarmac delays and provides other passenger protections. All domestic airlines will be required to provide adequate food and potable drinking water for passengers, and maintain operable restrooms, within two hours of the aircraft being delayed on the tarmac. Medical attention must also be provided if necessary. The rule also prohibits U.S. airlines operating domestic flights from allowing an aircraft to remain on the tarmac for more than three hours without allowing passengers to disembark. Exceptions are allowed only for reasons of safety, security, or if an air traffic controller advises the pilot that returning to the terminal would disrupt airport operations. Violation of the rule will subject the airline to possible penalties of up to $27,500 per passenger. U.S. airlines that operate international flights departing or arriving in the United States must specify, in advance, their own time limits for deplaning passengers.

 

 

 

The California Airline Passenger Bill of Rights has been reintroduced to the Assembly. The bill is modeled on the U.S. DOT rule and will ensure that all passengers in California are protected by the new federal regulations.

 

 

If you have experienced the inconveniences of being stranded on an aircraft during an extended delay and feel that your rights were violated, you should call Bailey & Partners for more information on this new law. Our attorneys will be glad to discuss your circumstances.