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Published: December 2010

DOT on the right track in enhancing airline passenger protections

Coalition: Airline passenger rights

Consumer Action and other watchdog groups sent a letter of support for the Department of Transportation's improved airline passenger regulations.

Below is the full text of the letter:

We, the undersigned national consumer organizations, together representing hundreds of millions of consumers in the United States, wish to have our views considered as late comments on the Department of Transportation’s second proposed regulation on “Enhancing Airline Passenger Protections” (June 8, 2010).

We congratulate Secretary LaHood on the success of the first comprehensive airline passenger regulation his department promulgated last December. That regulation, including a 3-hour limit on the time that passengers on domestic flights can be stranded on airport tarmacs without an option to deplane, appears to be very successful. Data from the first three months of operations under that regulation indicate that long tarmac delays on domestic flights have almost been eliminated and airline cancellations of flights have not notably increased. Airline passengers are also benefitting from many other elements in that consumer protection regulation, including the receipt of timely and accurate information when flights are delayed.

Our organizations support each of the proposals in this follow-on Notice of Proposed Rule Making (NPRM), and believe they appropriately expand and supplement the previous regulation. They expand the coverage of U.S. domestic passenger protections to those traveling on U.S. international flights of foreign carriers; establish minimum standards for the promises airlines have made in their “Customer Service Plans,” and increase financial payments to passengers who have been involuntarily bumped from oversold flights.
We are particularly pleased that DOT is proposing to require that passengers receive comprehensive and understandable information about the many fees that the airlines have been adding to their fares for baggage, food and beverage, better seats, etc., so that travelers can readily compare the total costs of flying on competing airlines. This issue is highly frustrating to consumers from reports we’ve received, and we accordingly urge the department to promulgate its final regulation as soon as possible.

We have reviewed and support the extensive comments that are being submitted on each of the sections in the pending NPRM by FlyersRights.org on behalf of airline passengers.

We are also concerned about the issue raised by the Aviation Consumer Action Project (ACAP) that airline passengers don't have effective access to the courts to enforce provisions in airline Contracts of Carriage. We support the recommendation that DOT should look into this situation and, if needed, should recommend an alternative approach to the Congress for compensating passengers for airline violations of their promises. DOT should further ensure that its rules do not preempt consumer claims under state laws.

Lead Organization

US Public Interest Research Group

Other Organizations

Consumer Federation of America | National Consumers League | U.S. PIRG

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