AIR TRAVEL
Airline passenger rights law to take effect in N.Y.
The measure requires carriers to provide food, water, fresh air and clean bathrooms when fliers are kept on jetliners more than three hours before takeoff.
Trapped on the tarmac over the holidays? Starting Tuesday, you may get new rights -- but only if you're delayed while taking off from a New York airport.
Under a new state law, dubbed the Airline Passengers' Bill of Rights, airlines must provide "fresh air" and "adequate food and drinking water," plus remove waste from onboard restrooms, when fliers are kept on planes more than three hours between boarding and takeoff. Violations carry penalties up to $1,000 per passenger.
The New York law is expected take effect Jan. 1 even though the Air Transport Assn., which represents major airlines, continues to challenge it in court. That's because, as of Friday, the ATA hadn't been informed of any hearing date on its latest appeal, filed Dec. 21, said Elizabeth Merida, spokeswoman for the Washington, D.C.-based trade group.
The ATA says the federal government, not states, can best regulate commercial aviation. It contends that a federal judge misinterpreted the law when he dismissed the group's challenge to the New York bill earlier this month.
Blog: Air Passenger Bill of Rights Approved, in New York - Ever been stuck on a tarmac?
But New York Assemblyman Michael Gianaris (D-Queens), who co-sponsored the bill, said, "We're confident we're well within our bounds."
"When the ball drops [in Times Square], we'll have a bill of rights," he said Friday.
Starting then, passengers with complaints can contact the New York State Consumer Protection Board, (518) 474-8583, www.nysconsumer.gov. The board's website has complaint forms that can be downloaded or filed electronically.
The new law applies only to airports in the state of New York. Another caveat is that it doesn't apply to tarmac delays that happen while planes wait for gates after they land, which is when many delays occur during bad weather. For the text of the law, visit the New York State Assembly website, www.assembly.state.ny.us, and enter "A08406," under "Bill Search & Legislative Information."
New York appears to be the first state to regulate tarmac delays, but it is already inspiring action elsewhere. In Arizona, Rep. Jonathan Paton (R-Tucson) said he is drafting a law, modeled on New York's, to introduce after the Legislature convenes Jan. 14.
Paton, who calls himself "a pretty conservative, small-government guy," said he sees long ground delays as a public-safety issue, especially given Arizona's hot summers.
"I don't want my constituents to be sitting on a tarmac at 115 degrees without adequate food, water or restrooms," Paton said.
The federal government is also getting involved in the issue, although no new rules have taken effect. In November, the U.S. Department of Transportation proposed requiring airlines to create contingency plans for long tarmac delays. And bills proposed in Congress would also regulate delays, although final action hasn't been taken.
The renewed legislative efforts came after fliers were trapped for hours last winter on JetBlue and American planes, and after Kate Hanni of Napa Valley, Calif., launched a consumer coalition, www.flyersrights.com, to press for a passenger bill of rights.
David Castelveter, spokesman for the Air Transport Assn., has called the JetBlue and American delays "egregious" but said such long delays are rare and don't warrant new laws. Both airlines have since introduced new policies to solve the problem.
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