Court Rejects N.Y. State Airline Passenger Law

[carl59]

Just got this e-mail alert from local news station:

NEW YORK -- A federal appeals court has rejected the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.
The 2nd U.S. Circuit Court of Appeals ruled Tuesday that New York's new state law interferes with federal law governing the price, route or service of an air carrier.
The appeals court said the new law was laudable and the circumstances that brought them about were deplorable but only the federal government has the authority to enact such a law
The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines

The good guys lost again

 

[LisaNJ25]

I am so glad I dont fly.. I could not imagine them not wanting to provide these services. Hopefully some of the people who didnt pass it get stuck on the plane for hours.

 

[MrsNick]

I think the big hint here is that it says state laws can't govern the airlines. If the same grassroots organization that got NY State to pass the law got the U.S. Congress to draft legislation that the U.S. President signed into law, then it would stand. At least that's how I'm reading this.

And I really think the airlines should provide clean, potable water seeing as how you can't bring liquids past the security checkpoint. You can't even bring your own.

 

[bavaria]

United has 'stuck on the runway or gate' kits now. They are usually stored on the floor either in front of my Economy Plus seat or behind my business class seat. Stocked with at least some items to improve comfort for passengers.

 

[bicker]

I doubt passengers would be happy about the impact on airfares should individual states each be able to impose their own regulations on airlines. This was a very good decision by the appeals court.

 

[bavaria]

bicker, they were just talking about this on local radio where I am today, and are running a poll - 'would you be willing to pay more to have these services available in case of delays?'

I doubt that many would want to pay more on the slight chance that those items would be required.

 

[deltachi8]

I doubt passengers would be happy about the impact on airfares should individual states each be able to impose their own regulations on airlines. This was a very good decision by the appeals court.

well put. Imagine the headache (and expense) for carriers to try and match up with 20, 30 or more different sets of rules depending on where the plane is that day.

I don't think the courts disagreed with the spirit of the law, but rather the ability of a state to regulate interstate airline travel.

 

[bicker]

Effectively, it is the same thing, because it is clear that such a regulation would only be passed by activist states, like California and New York. The federal government won't touch it, at this point.

 

[Aliceacc]

Right.

This decision wasn't about airlines at all, it was about who has the authority to make such a law-- the state or the federal government. They didn't argue that the airlines shouldn't accomodate passengers, merely that NY had no authority to make airlines do so.

 

[Lewisc]

What's missed is the circumstances that motivated NY to pass the law. Jet Blue kept passengers on planes, on the ground, for 8+ hours. Passengers with medical conditions bring enough food for a 2 hour flight, not for 8 hours on the ground followed by a 2 hour flight. At what point in time should/do passengers have a right to de-plane and not take the flight? At what point in time are they being detained against their will? At some point in time a pasenger has no chance of making a connecting flight or may be so late they don't have a reason to take the trip. It's really a shame that it takes some kind of law to require airlines provide working bathrooms, food and water if they're going to detain passengers for an extended period of time.

I think the NY law only applied to planes that are on the ground in NY State.

 

[deltachi8]

I think the NY law only applied to planes that are on the ground in NY State.

Perhaps it did, bu that does not mean the state has the authority to make such a law.

 

[Mermaid_Ariel]

What's missed is the circumstances that motivated NY to pass the law. Jet Blue kept passengers on planes, on the ground, for 8+ hours. Passengers with medical conditions bring enough food for a 2 hour flight, not for 8 hours on the ground followed by a 2 hour flight. At what point in time should/do passengers have a right to de-plane and not take the flight? At what point in time are they being detained against their will? At some point in time a pasenger has no chance of making a connecting flight or may be so late they don't have a reason to take the trip. It's really a shame that it takes some kind of law to require airlines provide working bathrooms, food and water if they're going to detain passengers for an extended period of time.

I think the NY law only applied to planes that are on the ground in NY State.

I totally agree. I know in the end it'll drive up prices - which it might not be fine with everyone else, but for the most part travel is a luxury. I think it's inhumane to detain people for 8+ hours on a flight without the option of getting off the plane. I'm really appalled that there isn't a "bill of rights" for people on airplanes.

 

[bicker]

What's missed is the circumstances that motivated NY to pass the law.

I don't think that was missed. I think it was determined to be irrelevant to the judicial decision.

At what point in time should/do passengers have a right to de-plane and not take the flight?

There is no such point in time established as a legal threshold. Folks unhappy about that should avoid air travel unless the FAA passes relevant regulations. I wouldn't count on it happening anytime soon though.

 

[Aliceacc]

Just got this e-mail alert from local news station:

NEW YORK -- A federal appeals court has rejected the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.
The 2nd U.S. Circuit Court of Appeals ruled Tuesday that New York's new state law interferes with federal law governing the price, route or service of an air carrier.
The appeals court said the new law was laudable and the circumstances that brought them about were deplorable but only the federal government has the authority to enact such a law
The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines

The good guys lost again

The court wasn't ruling on whether or not the law was necessary; in fact they called it "laudable" and the circumstances last year "deplorable."

But our Constitution is very specific as to the powers entrusted to the state vs federal government. And apparently this is a power given to the federal government.

To me, it makes sense. Can you imagine the confusion if each state had its own laws regarding air travel?? There would be so many hoops for the airlines to jump through; ticket prices would go through the roof.

I think there should be a passengers bill of rights. And, being an election year, it might be a good time for some of our politicians to write one!!

 

[Lewisc]

I don't think that was missed. I think it was determined to be irrelevant to the judicial decision.

There is no such point in time established as a legal threshold. Folks unhappy about that should avoid air travel unless the FAA passes relevant regulations. I wouldn't count on it happening anytime soon though.

I thought the circumstances may have been missed by some readers of this thread, obviously not referring to you.

Passengers that have a medical condition that is impacted have the option of calling 911, assuming the flight crew isn't being responsive.

 

[TDC Nala]

And I really think the airlines should provide clean, potable water seeing as how you can't bring liquids past the security checkpoint. You can't even bring your own.

However, you can buy them in the airport after passing security and take them aboard with you. If you want to be proactive just in case, there wouldn't be anything wrong with doing that.