Legal Air News Update……………..Air passengers with rights?
This legal air news update, brought to you by leading aviation lawyers Piper Alderman, says that last week the Governor of the State of New York, Eliot Spitzer, signed legislation creating a “Bill of Rights” for Airline Passengers.
Essentially, the legislation places obligations on airlines to provide food, water, clean toilets and fresher air to passengers stuck on the tarmac for more than 3 hours.
This legislation arose in response to the stranding of passengers aboard JetBlue Airlines flights during the snow and ice storm at JFK Airport in February this year, with in some cases passengers stuck on board their planes for 11 hours.
It is worth noting, however, that the US Federal Constitution restricts the abilities of the States to pass laws in relation to air travel, so the legislation is fairly moderate. Still, airlines could find themselves facing fines of up to $US1,000 per passenger for breaches of the legislation.
In Europe, Regulation (EC) No 261/2004 establishes rules in relation to compensation and assistance to passengers in the event of denied boarding, cancellation and long delays. The assistance which airlines are obliged to offer includes reimbursement or re-routing, meals and refreshments and compensation of up to EUR 600 per passenger. The enforcement of this Regulation is up to the individual EU Member States.
No such legislation presently exists in Australia, with the obligations of airlines limited to their Terms and Conditions of Carriage (subject of course to the Trade Practices Act 1974 and the Civil Aviation (Carrier’s Liability) Act 1959).
This is not to say that this will remain the case. Such legislation may be created in the future, or alternatively airlines may voluntarily establish such Bills of Rights (as JetBlue did following to February incident).
Keep Watching the Skies!
A Special Legal Air News Exclusive Update brought to you by leading aviation lawyers, Piper Alderman.
John Alwyn-Jones
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