DOT New Passenger Protection Rules

(Dive Travel Business News - May 11, 2010 ) -- You've now heard of the "3-hour rule". With a few security-related exemptions, an airline must allow customers to get off the plane — or risk receiving fines of up to $27,500 per passenger to be paid to the government — at the three-hour point of a tarmac delay. 

But it's not just the tarmac delay rule that took effect April 29, 2010, but one of a series of new DOT regulations designed to protect commercial airline passengers.The Department of Transportations' new rule on tarmac delays is part of an 81-page document detailing DOT’s new Enhancing Airline Passenger Protections.  In the document, other regulations are found that apply more broadly and require carriers to be more truthful about flight delays and take more responsibility when things go wrong.

Here are some highlights of the DOT legislation.

Tarmac Delay Contingency Plans.
In addition to the 3-hour rule, airlines must also have a tarmac delay contingency plan in place, and the plans must be coordinated and shared with airports regularly used by the carriers, as well as with any medium- or large-hub airports likely to receive diverted flights. Airlines' tarmac delay contingency plans for all flights must assure passengers working restrooms and "adequate food (such as pretzels or granola bars) and potable water, working lavatories and, if necessary, medical care" within two hours of leaving the gate or touching down.

DOT requires each airline to post them online, either as part of the contract of carriage or separately on its Web site. During this summer’s hurricane season it's wise for you to print out your client's carrier contingency plan for them bring in their carry-on bag. 

International Travelers May Have to Wait Longer.
The three-hour tarmac time limit applies only to domestic flights. On delayed international flights, the DOT will allow U.S. carriers to determine their own time limits. The airlines must define those limits and include them in tarmac delay contingency plans posted on their websites.The agency says that less frequent international service would mean more inconvenience to consumers should those flights be cancelled. When shopping for non-domestic flights, international travelers should now compare contingency plans along with fares.

Exceptions to the Tarmac Delay Rule.
Exceptions to the tarmac delay limits may apply if the pilot sees a safety or security issue with returning passengers to the terminal. The DOT cites weather, air traffic control or a government agency directive as possible issues.

Unrealistic Scheduling.
Large airlines can be penalized for unrealistic scheduling, which may include a frequently canceled flight or one that is considered "chronically delayed." The designation applies to flights that operate at least 10 times a month and arrive more than 30 minutes late more than half the time. Carriers with flights that are chronically delayed for more than four consecutive 30-day periods would be subject to penalties.

Transparency in Chronic Delays.
For flights that are routinely or chronically delayed, DOT will require airlines to highlight them in their schedules so travelers will be alerted to the probability of a delay. DOT has pushed back some requirements for airlines to post flight-delay information until July.

Passengers shopping online for a plane ticket must now be shown detailed and timely information about a flight’s delay and cancellation history — not after a search is completed and when a credit card payment is due.

According to the rule, “by providing flight delay data to consumers at an earlier stage, they can choose during the browsing/shopping phase whether or not to abandon consideration of a given flight that is canceled regularly or has a high percentage of delays longer than 30 minutes.”

Handling Customer Complaints.
Airlines must acknowledge a complaint within 30 days and provide “a substantive response” — something that addresses a customer’s specific complaint — within 60 days. DOT's new rules require carriers to post e-mail, Web and snail-mail addresses on Web sites, e-ticket confirmations, and at ticket counters and boarding gates. If the complaint has not been sent to the right department airlines will be required to acknowledge and respond to all such complaints even if a passenger does not submit it directly to the carrier’s customer relations department. Airlines don't have to listen to passenger complaints over the telephone.

Passengers with Complaints.
Consumers who believe an airline is not complying with DOT rules should file a complaint through the aviation consumer website,
http://airconsumer.dot.gov, by phone at 202-366-2220 or regular mail to:
Aviation Consumer Protection Division,
U.S. Department of Transportation
C-75, W96-432, 1200 New Jersey Ave. SE
Washington, DC 20590

More Passenger Protection on the Way.
According to a statement posted on his Fast Lane blog in December, U.S. Secretary of Transportation Ray LaHood is determined to protect air travelers even further. For example, LaHood eventually wants to require each airline to submit its contingency plans to DOT for approval and review. He also would like to see airlines report additional tarmac delay data and disclose more information about baggage fees.

You can read more details about the provisions of the DOT’s new rules here.

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