Saying that it preempts federal prerogatives, the United States Second Circuit Court of Appeals has nullified a New York State law requiring airlines to provide passengers with food, water, clean toilets and fresh air if they’re trapped on the ground in a delayed aircraft. The move puts in considerable doubt efforts by other states — perhaps as many as six — to enact similar passenger protection.
The New York legislation grew out of a Valentine’s Day 2007 winter storm, which stranded flyers at John F. Kennedy International for hours on end.
In the end, the Second Circuit sympathized with the intent of the Empire State’s initiative, but said only the federal government has the authority to enact such legislation. So far, Congress hasn’t budged.
The Air Transport Association of America (ATA), an airline industry trade group, is elated at the ruling. In a prepared statement ATA says: “The court’s decision vindicates the position of ATA and the airlines – that airline services are regulated by the federal government and that a patchwork of laws by states and localities would be impractical and harmful to consumer interests.”
Some airlines, notably discount airline JetBlue, which was especially hard hit by the February 2007 storm, have taken action on their own. JetBlue has its own internal passenger bill of rights aimed at mitigating the pain of long delays – and, in some instances, offering compensation when it happens.
© Cheapflights Ltd Jerry Chandler
