Have airlines neutralized the passenger rights movement?

September 22, 2009

gateI was thrilled when I heard that a coalition of travel professionals was meeting in Washington for a what they called a “stakeholder hearing” on passenger rights. Finally, after years of virtually no representation in the nation’s capital, passengers appeared to be organizing.

Some of the folks who are involved in this effort seem to be genuine advocates for travelers, and I wish them well.

But when I read over the itinerary and began conducting my own research, the thrill was quickly replaced by dread.

Not only did I reluctantly conclude the group’s chief objective — persuading Congress to pass a three-hour turn-back rule for planes stuck on the tarmac — was basically unenforceable, which forced me to do an about-face by withdrawing my support for a Passengers Bill of Rights. But as the group prepares to meet in Washington this morning, I’m convinced that they are doing exactly what the airline industry wants them to.

Indeed, the industry’s lobbyists at the Air Transport Association couldn’t have scripted this better if they’d tried. (And who knows, maybe they have?)

Here’s what I would do if I were on the airline industry payroll:

Assess the threat. My first priority would be to find out who’s who in the passenger rights movement. For now, it consists of one activist with a loosely-organized group of fans, a musician with a viral video, and several lobbyists-for-hire who, for the right price, would support any legislation you asked them to. Separately, these individuals can’t do much harm. But together, they could annoy the airline industry. They need a common cause that will take up a lot of their time and result in no meaningful change.

Define the issues. Over the years, the term “Passenger Bill of Rights” has included many proposed rules that would benefit air travelers, almost all of which were distasteful to the airline industry. If I were an airline lobbyist, I’d do everything in my power to narrow that issue to just one. If only I could make a single cause, like the three-hour rule, synonymous with passenger rights, then the problem could be contained.

Point them in the wrong direction. The two recent tarmac strandings offered an uncanny opportunity for the airlines. The stars aligned. Everyone from itinerant lobbyists to trade organizations were obediently hopping on to the passenger rights bandwagon and pushing for a new turn-back law. They anointed themselves passenger rights “stakeholders” and agreed to organize. Who knew that distracting them could be so easy?

Run down the clock. The final step in this scheme would be to keep the “stakeholders” busy until the mid-term elections, which are less than a year away. If the Democrats lose a majority in the House or Senate, it will make it almost impossible to get any kind of meaningful reform done.

So is the airline industry behind this morning’s “stakeholder” meeting? Unlikely. I think they see this as a misguided, perhaps easily-manipulated group of amateur lobbyists and freelance activists who are talking to themselves for a few hours in one of the smallest rooms in the Rayburn House Office Building. But if I were working for an airline, I’d be high-fiving the guy in the cubicle next to me.

The passenger rights threat has been contained. It is spinning its wheels on an issue that is irrelevant. The window of opportunity for real change is only months away from closing.

Even if Congress passes a three-hour rule, airlines know they’ll be able to get around it, but they also know that the current “stakeholders” are largely driven by a single issue, and will never be able to band together in this way again, even if they wanted to.

For the airline industry, it’s a win-win.

(Photo: Colby Cosh/Flickr Creative Commons)

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15 comments

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September 23, 2009 at 10:42 am
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September 24, 2009 at 12:35 pm

{ 13 comments… read them below or add one }

Justin September 22, 2009 at 6:44 am

Well Elliott,

Here’s my question for you then. Being a travel ombudsman with many years of experience in the industry, how come you don’t lay out a travelers bill of rights and offer it to these “misguided” people? I know many trust your judgment and you certainly maintain the capacity and understanding of what would best suit the general public. Therefore, how come you don’t try to get the issue back on track by making contact with these people to get their efforts back in the right direction? Sometimes, one has to take a run away train, and slow it down before it wrecks. If there is anyone to offer advice from a firsthand experience, one would probably say you’re it. So, are you up for the challenge?

Anyone else agree that Elliott should maybe help get these people back on track so we might have some meaningful resolution to our infinite airline headaches?

frostysnowman September 22, 2009 at 8:59 am

Here here!

Then I also remember Chris saying something about the government refusing to get involved in regulating airline issues other than to say they have to follow their contracts of carriage. But if the airlines can write their own contracts of carriage, basicially making up their own rules, then who really can help?

Joel Wechsler September 22, 2009 at 9:10 am

I absolutely agree with you, Justin.

Deborah September 22, 2009 at 9:51 am

We need you Chris!!!

LeeAnne September 22, 2009 at 10:39 am

VOTE FOR CHRIS!

Oh wait…this isn’t an election. ;-)

In all seriousness, I think Chris’s article is spot-on – and I think that Justin has identified the solution. There are VERY few people on the planet with as deep an understanding of the passenger’s experience, perception, and issues with regards to air travel. And not only does he “get it”, he can write too!

Chris, seriously, if you don’t step in and DO SOMETHING ABOUT IT, you will be just another ineffectual flapping jaw in a sea of flapping jaws, railing about the unfairness of it all, while your window of opportunity to actually HAVE AN IMPACT slams shut.

Deborah is right: We need you Chris!!!

Put something together, throw it up here, and let us travelers offer our input. You might really end up with something that can work!

Tricia September 22, 2009 at 2:48 pm

I agree with all of the above.

Chris, if you merely criticize, but refuse to take action yourself, then you are no better than the airlines that you criticize. It’s one thing to say something is wrong, but to stand by and not take action when you have the wherewithall (knowledge, influence, etc.) to do so is negligent at best. Don’t hide behind the “I am a journalist, so I have to stay out of the fray” apron. Get out there and make a difference. If you say that democrats are the only ones who will stand up for this cause, then you’d better get busy because they are quickly closing their own window of opportunity to make changes. 2010 is not that far away.

Christopher Elliott September 22, 2009 at 2:57 pm

I’ve joined the new Consumer Travel Alliance as its ombudsman. I thought you knew that.

See: http://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082101698.html

We haven’t officially launched yet, but the plan is to get ahead of the mid-term elections and try to make a difference.

Nobody September 22, 2009 at 3:36 pm

“Generosity, that was my first mistake. I leave these people a little extra, and then they hire these men to make trouble. Shows you, sooner or later, you must answer for every good deed.”
“If God hadn’t meant for them to be sheared, he wouldn’t have made them sheep.”–Calvera (Eli Wallach) “Magnificent Seven”

If this plane’s a rockin’ on the 6 o’clock news
Passengers reached their limit on the Tarmac

Here lie American airlines
Laid alongside buggy whips
RIP
Nobody Was Faster

Justin September 22, 2009 at 4:40 pm

Mr Elliott (Sorry on previous post for the Mr.),

Do you plan to also write up a travelers bill of rights in conjunction with your organization or offer an addendum / modifications to the one that this “misguided group” is currently circulating? Also, will your group be working in competition with theirs or will you try a meeting of the minds. Obviously, the more allies you have, the better chances you get of succeeding.

Justin

Christopher Elliott September 22, 2009 at 5:36 pm

@Justin, I don’t consider this group to be “misguided” although, as I said in the post, I think the airline industry does.

I’m not involved in any the day-to-day advocacy work — Charlie Leocha, the CTA’s president, is. However, I know that we’ve offered to help this group in the past, and will continue to do so.

At the risk of repeating myself, I think there are some members of this group who are the real deal.

Justin September 23, 2009 at 1:42 am

@ Mr. Elliott,

Well if this group is picking a central rallying point, that is unenforceable, it is without a double misguided and headed in the wrong direction. What good does it do these people to get rules instated that won’t even matter. It’s like telling the airlines “HEY LOOK” new guidelines, but don’t worry. You won’t be accountable. .::Wink Wink… Nudge Nudge::. In fewer words, that’s basically what’s happening here. This group of “well meaning” but misguided people are doing nothing but expelling a lot of effort to end up with nothing. Stated by you, their core objective, is this tarmac rule. Hence, they have all their eggs in one basket. If not to make it worse, they are playing RIGHT INTO the hands of the airlines. What better way to contain public outcry than to get a pseudo rule made that no one will enforce. Better yet, the airlines can swing this rule into a marketing ploy. We are now consumer friendly and advocated for the change!!

Long story short, you are needed on this issue as if there were no others to help These people ARE NOT headed down the right path. You are the person with the know how and experience to change that one. I would sincerely hope this group has the common sense to get back in touch with you. While you are not involved in the day to day advocacy work, you might at least compile a TRUE customer bill of rights. At least, you could send them it and for better or worse, they have it on file to reference. Just some thoughts.

Last, I would hope some of those members are genuine. Still, genuine and properly directed are not synonymous.

Justin

Justin September 23, 2009 at 1:43 am

Woops.. it is WITHOUT A DOUBT (Not double). Spell check changed my word I think!!

David Z September 23, 2009 at 9:30 am

Look on the bright side: they’ll stumble along the way, but they’re finally organizing and doing something rather than nothing. Unless it would’ve been better if they started later?

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