"New York Law on Stranded Passengers' Rights Is Upheld"

Friday, December 21, 2007

New York Law on Stranded Passengers' Rights Is Upheld 
By KEN BELSON
The New York (NY) Times


In a victory for air travelers, a federal judge in Albany upheld on Thursday
a state law that would penalize airlines that fail to provide adequate
services to passengers trapped on the tarmac for more than three hours.

The decision, which the Air Transport Association, an airline industry
group, opposed, paves the way for other states to write similar laws. It
also means that beginning Jan. 1, airlines operating in New York can be
fined up to $1,000 a passenger if they do not supply water, fresh air, power
and working restrooms during lengthy delays.

"Today, New York stood its ground on the front lines of the battle to
protect the flying public," said Michael N. Gianaris, a Democratic
assemblyman from Queens and one of the main sponsors of the law, called the
Airline Passengers Bill of Rights. "I am hopeful that the passengers' rights
movement will now spread until we have a national standard to protect
consumers throughout the country."

The Air Transport Association said in a statement that it believed that the
court had misinterpreted the law and that it was considering an appeal. The
group said that the industry should be regulated by the federal government,
"not 50 individual states."

The New York law, the first of its kind in the country, does not obligate
the airlines to take passengers stuck on the tarmac for more than three
hours off the planes, because the state does not have jurisdiction over
"deplanements."

Air carriers will be required to provide information explaining passengers'
rights and how to file complaints, however. New York's attorney general will
also be able to sue any airline found violating the law and seek penalties
of up to $1,000 a passenger.


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