Open Thread: Passenger Bill of Rights
Should Congress pass a Passenger Bill of Rights to protect airline passengers, or will the free market right the airlines' wrongs? Jump into the debate in the comments section below.
Days after JetBlue stranded thousands of airline passengers on Valentine's Day last week, Representative Mike Thompson (D-Ca.) and Senator Barbara Boxer (D-Ca.) announced their intentions to introduce a Passenger Bill of Rights into both chambers of Congress. Among other provisions, the bills would require air carriers to ensure that stranded passengers have access to food, water and restrooms, and would give passengers the right to deplane any aircraft that has remained on the ground for more than three hours.
Editorial boards across the country have lined up to support or bash the proposal.
The WaPo admits that government shouldn't be "micromanaging airline customer service," but thinks "setting minimal standards of decency seems like a fair approach." The NYT agrees, noting that the requirements outlined in the bill "seem so basic it is hard to see why they should not be mandatory." The Boston Globe, Des Moines Register and Miami Herald make similar arguments in support of the bill.
On the other hand, the LAT argues that government should keep its hands off the airlines, adding that if "there's anything more dangerous than a blizzard at an airport, it's legislators who react to it by proposing new laws." The bill's proposals sound nice, the editors say, but "they probably won't produce the desired effect":
Take deplaning. In a system as complex, crowded and highly regulated as U.S. air travel, any seemingly minor change has the potential to throw the whole network out of whack, delaying tens of thousands instead of hundreds. And passengers are usually better off not leaving a grounded plane because an aircraft returning to the terminal loses its place in line for takeoff, marooning fliers even longer.
Chicago Tribune columnist Steve Chapman argues that the free market will correct the problem better than any legislation could: "Right now, air travelers have only the same Bill of Rights as everyone else--the one assuring freedom of speech, freedom of religion, the right against self-incrimination, and so on. Not mentioned in that document, however, is another inalienable right, namely the freedom to spurn any airline they find unsatisfactory and choose one that will serve them better."
JetBlue has already taken substantial steps to repair its image among airline travelers, including the implementation of its own Customer Bill of Rights. The new policy promises vouchers and refunds to travelers whose flights are delayed because of mistakes made by the airline. JetBlue CEO David Neeleman also took to the airwaves to apologize for the airline and ask passengers to give the company a second chance. Both moves received glowing reviews from USA Today's editorial board, which hopes that if "any good is to come of this winter of passenger discontent, it would be if JetBlue's commendable response touches off a round of competition over customer-service guarantees, instead of the usual cost-cutting."
So questions remain up in the air: How can the rights of airline passengers best be protected? Will a federal Passenger Bill of Rights make the situation better or worse? Can the market fix the problem on its own? Add your thoughts and ideas to the debate in the comments section below.
By Rob Anderson |
February 23, 2007; 9:29 AM ET
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Posted by: Dewayne | February 23, 2007 01:26 PM
The right to freedom, safety, and clean air are not airline issues but basic human rights. What right does the airlines have of denying these basic rights to their passengers ? If the airlines are abusive to our rights (and they have been), then yes the Federal Government must step in per our consitution. The airlines had no right in taking our rights away in the first place!
Posted by: Robert Stefano | February 23, 2007 02:50 PM
WORKING FOR AN AIRLINE IN CUSTOMER SERVICE I TAKE ABUSE EVERDAY FROM PASSENGERS. THIS IS THE JOB I AM IN AND I STAY BECAUSE WHERE I LIVE THERE ARE NOT MANY PLACES TO WORK. WE ARE CUSSED OUT/TREATED WITH TERRIBLE DISREPECT/DEMEANED AND SOMETIMES THREATENED BY PASSENGERS. MAYBE A BILL OF RIGHTS WOULD BE IN ORDER FOR BOTH PASSENGERS AND THE EMPLOYEES OF AIRLINES WHO ARE ABUSED BY THESE PASSENGERS WHO FEEL THEY CAN SAY AND DO WHATEVER THEY WANT TO US BECAUSE WE CAN NOT SAY ANYTHING BACK FOR FEAR OF LOSING OUR JOBS SO WE HAVE TO TAKE THE ABUSE EVERY DAY IN OUR JOBS TO KEEP THEM
Posted by: TW | February 23, 2007 03:15 PM
The main issue, I think, is whether any business (such as an airline) has the right to involuntarily confine people to further its own business purposes? I think the answer to that is clear: no. Of course, it doesn't make sense to force a plane to turn around or land early if any particular passenger decides they've had enough. So, there need to be limits. Three hours seem very generous (to the airlines, and indirectly, to the FAA). Just imagine what would happen if, say, Wal-Mart decided (for some hypothetical business reason) to lock their customers in their store for three hours. There would be hell to pay, to put it mildly.
Posted by: Terry Steichen | February 23, 2007 05:17 PM
The standards set in the JetBlue Passenger Bill of Rights are too low. It does not address key issues such as air cleanliness/temperature while grounded and allows up to 5 hours ground wait before starting the deplaning process. I think most people would conclude that waiting in a hot airplane for 5 hours for a free flight voucher is unacceptable. 3 hours waiting on the tarmac is plenty.
Where are all the other airlines in this? Nowhere. That's unfortunately why we need the Feds to step in and force the issue because the airlines cannot and will not enforce their own rules.
Posted by: Jay | February 23, 2007 07:09 PM
It's silly to speak of the "free market." There's nothing free about the air travel market.
Posted by: Buck Mulligan | February 23, 2007 10:55 PM
NOAA data is available to all the airlines. Ice storms are not an unknown quantity. If those who make decisions have the wits of a duck, they will cancel flights that risk exiling passengers to the tarmac for hours.
Griping people in the airport are less of a hassle than captive, griping people on the tarmac. Three hours is enough. If they have to deploy rolling stairs and busses, so be it.
Posted by: Ellen | February 24, 2007 03:00 AM
Yesterday I had to buy airfare to a conference for work. I went right to the Jet Blue website. They are and will continue to be the leaders in customer service. What they get that the other airlines don't is that it's ok to give passengers information. For Example...if you go to the gate counter and ask how long a flight will be delayed (and I have) you don't need to be told "oh well we don't know". Even if they don't know...it would be nice to see some compasion from the other airline's staff.
And to TW who wrote earlier, I do feel for you as I've seen too many people treat airline employees as personal stress dolls, but that doesn't excuse the airline staff from realizing that the reason that people are upset is because they've just laid out for some a large chunk of money to go somewhere and you are not giving them enough information. It take's a matter of moments for an airline empolyee (especially at the gate) to get on the PA system and say "hey we appologize but XYZ has come up and we're gong to be late"
The number 1 thing that should be done is to making OVERBOOKING illegal. If you wonder why people get upset try this, the next time you show up for your job 3 other people are waiting at your desk ...the boss says, "Oh well we over hired for the position." See how you feel
Posted by: Darryl | February 24, 2007 08:59 AM
It is the location not the airline that creates the problem. It should be the airport that has the responsibility for rescuing passengers that are stranded on any aircraft.
Posted by: KEG | February 24, 2007 11:46 AM
Keeping passengers in a plane for hours on end constitues false imprisonment. Moreover, some passengers may have health problems that would be exacerbated by prolonged confinement in a hot and unsanitary plane.
The argument that a plane would loose its place in the queue is a weak one. Surely regulations could be changed so that the plane would be permitted to keep its place in the queue after returning to the terminal.
Posted by: FRE | February 24, 2007 08:00 PM
If I am ever stranded on an airplane for three hours, I will pull out my cell phone, call 911, and ask to be rescued from my captors.
To me, the act of holding passengers on an airplane against their will for long periods of time is the same as any other kidnapping. And airlines that kidnap their passengers should be treated the same as any other kidnappers, plus conspiracy charges.
Posted by: Robin Miller | February 24, 2007 08:12 PM
Why are not criminal charges being brought against certain executives at JetBlue? It is apparent that there was an economic motivation at foot - it appears there was a policy in place to leave people on the planes for hours at a time without recourse. This is involuntary imprisonment. Forget the free market, throw a few people in jail and see how the rest of the industry changes its policies.
Posted by: Upset | February 24, 2007 09:24 PM
The issue will resolve around "What's reasonable" under the circumstances. A serious health emergency on board requires getting the passenger to a hospital. Inconvenience, even severe inconvenience, is more tolerable but not without a limit. It seems that airlines will have to make an accomodation for disembarking passengers who want "out" after a period of time. Three hours seems like a reasonable maximum.
Posted by: TimothyL | February 25, 2007 12:48 PM
The issue will resolve around "What's reasonable" under the circumstances. A serious health emergency on board requires getting the passenger to a hospital. Inconvenience, even severe inconvenience, is more tolerable but not without a limit. It seems that airlines will have to make an accomodation for disembarking passengers who want "out" after a period of time. Three hours seems like a reasonable maximum.
Posted by: TimothyL | February 25, 2007 12:49 PM
The notion that the airline industry best knows how to handle the problem is farcical. That would be like saying that cigarette manufacturers are the best judges of the legal age for buying cigarettes.
Posted by: shawn | February 25, 2007 07:12 PM
I don't believe the Airlines are voluntarily going to come up with a BoR that is reasonable. This certainly needs Government intervention. Hope it'll happen soon. I live in the Northeast and travel frequently by air :(.
Posted by: Sunny | February 26, 2007 03:48 AM
But surely, it is not suggested that a private commercial entity should continue to be allowed unlimited discretion to detain a passenger/citizen for whatever length an Airline may deem appropriate (in return for flight vouchers)? Protection or curtailment of individual freedoms is fundamentally a governmental function.
While the passengers on American flight 1348 on December 29, 2006 initially consented to being confined in an American plane for the flight, that consent can be (and clearly was) withdrawn. Keeping a passenger on an airplane against their will for safety reasons may be within the authority of the pilot, but keeping them on for commercial reasons is not. In all other walks of life such a decision would result, correctly, in the perpetrators being jailed. Can one really argue that the passengers on flight 1348 should not have been afforded an enforceable legal right to decide to deplane after some set number of hours of commercial confinement?
American Airlines now claims to have enacted policies that are more protective of passengers by purportedly forbidding ground delays of more than 4 hours. However, it should be no surprise that this change does not appear in American's recently updated contract of carriage or even their customer service commitment statement (although they haven't neglected to disclaim liability for any future failures to provide even minimal food, water, or sanitary facilities to imprisoned passengers).
The Airlines do not operate in a truly free market and, as experience has already shown; such market forces cannot and will not cause the Airlines to consistently adhere to even minimum standards of decency. Indeed, it was market forces that likely motivated American to so mistreat the passengers of flight 1348. American was undoubtedly aware that it had lost any hope of retaining such passengers' goodwill or business. Accordingly, rather than alienate potential future customers then on other flights, American elected to write off (and heap unspeakable inconvenience on) a limited number of passengers rather
Posted by: WHA | February 28, 2007 11:54 AM
Guys,
I've been hiding under my facial hair for so long because of life circumstances it was no point in getting involved. Now life is starting to look better and I'm not under such stress and crap. I might just have to get back in the game... How do I attract women? I suppose I need to do more than just shave or use the ever-popular Pherlure. I'm gonna have to ditch my caveman culture and transform myself a little I guess. The secret is that i use pheromones for attracting women. They are like magic.
Posted by: jonnyojewq | March 15, 2007 11:00 AM
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The free market does not always correct itself. The government at times does have to step in and implement basic rules. The LA Times editorial assumes that other airlines are doing better to serve customers than JetBlue, I doubt they are. So moving to another airline results in the same type of maltreatment.