Final Rule, Enhancing Airline Passenger Protections Blane Workie Office of Aviation Enforcement and Proceedings U.S. Department of Transportation May 2, 2011
INTRODUCTION Role of DOT s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings
Background DOT s June 2009 consumer rule DOT s April 2011 consumer rule 3
Provisions in DOT s New Aviation Eleven Provisions: Consumer Rule (1) tarmac delay contingency plans (2) tarmac delay data (3) customer service plans (4) posting of plans on websites (5) response to consumer problems (6) denied boarding compensation (7) full fare advertising (8) baggage and other optional fees (9) post purchase price increases (10) flight status changes (11) choice of forum provisions
TARMAC DELAY CONTINGENCY PLANS Requires foreign air carriers operating to or from the U.S. with at least one aircraft with 30 or more passenger seats to adopt and adhere to tarmac delay contingency plans. Requires U.S. and foreign air carriers to not permit an international flight to remain on the tarmac at a U.S. airport for more than four hours without allowing passengers to deplane subject to safety, security, and ATC exceptions. Expands the airports at which airlines must adhere to the contingency plan terms to include small hub and non-hub airports, including diversion airports.
TARMAC DELAY CONTINGENCY PLANS (CONT D) Requires U.S. and foreign carriers to coordinate plans with airports, Customs and Border Protection (CBP) and the Transportation Security Administration ( TSA). Requires notification regarding the status of delays every 30 minutes while aircraft is delayed, including reasons for delay if known. Requires notification of opportunity to deplane from an aircraft that is at the gate or another disembarkation area with door open if the opportunity to deplane actually exists.
TARMAC DELAY DATA Requires all carriers that must adopt tarmac delay contingency plans to file data with the Department regarding lengthy tarmac delays.
CUSTOMER SERVICE PLANS Requires foreign air carriers that operate scheduled passenger service to and from the U.S. with at least one aircraft with 30 or more passenger seats to adopt, follow and audit customer service plans as is already required of U.S. carriers. Establishes standards for the subjects U.S. and foreign air carriers must cover in customer service plans.
POSTING OF PLANS ON WEBSITES Requires foreign carriers to post their required contingency plans, customer service plans, and contracts of carriage on their websites as is already required of U.S. carriers.
CONSUMER PROBLEMS Expands the pool of carriers that must respond to consumer problems to include foreign air carriers operating scheduled passenger service to and from the U.S. with at least one aircraft with 30 or more passenger seats. Foreign carriers as is already required of U.S. carriers must monitor the effects of irregular flight operations on consumers, inform consumers how to file a complaint with the carrier, and provide substantives responses to consumer complaints within 60 days.
DENIED BOARDING COMPENSATION $650/$1,300 or 200%/400% of the one-way fare DOMESTIC TRANSPORTATION 0 to 1 hour arrival delay No compensation 1 to 2 hour arrival delay 200% of one-way fare (but no more than $650) Over 2 hours arrival delay 400% of one-way fare (but no more than $1,300) INTERNATIONAL TRANSPORTATION 0 to 1 hour arrival delay No compensation 1 to 4 hour arrival delay 200% of one-way fare (but no more than $650) Over 4 hours arrival delay 400% of one-way fare (but no more than $1,300)
DENIED BOARDING COMPENSATION (CONT D) Implements an automatic inflation adjuster for minimum DBC limits every 2 years. Clarifies that DBC must be offered to zero fare ticket holders (e.g., holders of frequent flyer award tickets) who are involuntarily bumped. Requires that a carrier verbally offer cash/check DBC if the carrier verbally offers a travel voucher as DBC to passengers who are involuntarily bumped. Requires that a carrier inform passengers solicited to volunteer for denied boarding about all material restrictions on the use of transportation vouchers offered in lieu of cash.
FULL FARE ADVERTISING Enforces the full fare advertising rule as written (i.e., ads which state a price must state the full price to be paid). Carriers currently may exclude government taxes/fees imposed on a per-passenger basis. Clarifies the rule s applicability to ticket agents.
FULL FARE ADVERTISING Prohibits carriers and ticket agents from advertising fares that are not the full fare and impose stringent notice requirements in connection with the advertisement of each-way fares available for purchase only on a round-trip basis. Prohibits opt-out provisions in ads for air transportation.
BAGGAGE FEES AND OTHER FEES FOR OPTIONAL SERVICES Requires U.S. and foreign air carriers to disclose changes in bag fees/allowances on their homepage for three months, to include information regarding the free baggage allowance. Requires carriers (U.S. and foreign) and ticket agents to include on e-ticket confirmations information about the free baggage allowance and applicable fees for the first and second checked bag and carry-on but allows ticket agents, unlike carriers, to do so through a hyperlink.
BAGGAGE FEES AND OTHER FEES FOR OPTIONAL SERVICES Requires carriers (U.S. and foreign) and ticket agents to inform passengers on the first screen on which the ticket agent or carrier offers a fare quotation for a specific itinerary selected by a consumer that additional airline fees for baggage may apply and where consumers can go to see these baggage fees. Requires U.S. and foreign air carriers to disclose all fees for optional services to consumers through a prominent link on their homepage. Requires that the same baggage allowances and fees apply throughout a passenger s journey.
POST PURCHASE PRICE INCREASES Bans the practice of post-purchase price increases in air transportation or air tours unless the increase is due to an increase in government-imposed taxes or fees and only if the passenger was provided full disclosure of the potential for the increase and affirmatively agreed to the potential for such an increase prior to purchase.
FLIGHT STATUS UPDATES Requires U.S. and foreign air carriers operating scheduled passenger service with any aircraft with 30 or more seats to promptly notify consumers of delays of 30 minutes or more, cancellations and diversions. Notification must be within 30 minutes of the carrier becoming aware of a change in the status of a flight.
FLIGHT STATUS UPDATES Notification must be made in a number of ways: through whatever means is available to the carrier for passengers who subscribe to the carrier s flight status notification services, in the boarding gate area for the flight at a U.S. airport, on a carrier s telephone reservation system and on carrier s website. For airport controlled systems at a U.S. airport that accept flight status updates, carriers must provide flight irregularity information to the airport for the carrier s scheduled flights
CHOICE OF FORUM PROVISIONS Prohibits U.S. carriers from limiting a passenger s forum to pursue litigation to a particular inconvenient venue
CONCLUSION Next steps Additional consumer rule Implementation meeting Questions?