It looks as if the Passengers Bill of Rights has cleared a big hurdle — possibly its last on its way to becoming law. Senators Barbara Boxer and Olympia Snowe will today announce that the Senate Commerce Committee has included their Airline Passengers Bill of Rights language in the bipartisan draft Federal Aviation Administration reauthorization bill, I’m told.
The language included by the committee requires air carriers to develop and submit to the Secretary of Transportation their own plan, incorporating medical considerations, to ensure that passengers are provided a clear timeframe under which they will be permitted to deplane a delayed aircraft. Those plans will have to be made available to the public.
If the airlines don’t develop their own plan, passengers would have the option of safely deplaning a grounded aircraft three hours after the plane door has closed. This option would be provided every three hours that the plane continues to sit on the ground.
The “develop your own plan” language is new, and it remains to be seen how that would be implemented. But any law is better than no law, according to the many passengers who have contacted me in the past about the bill.
Update: Here’s the proposed law.
SEC. 401. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.
(a) IN GENERAL.–Chapter 417 is amended by adding at the end the following:
”SUBCHAPTER IV–AIRLINE CUSTOMERSERVICE
Ӥ 41781. AIRLINE CONTINGENCY SERVICE REQUIREMENTS.
” a) In General- Not later than 60 days after the date of the enactment of the Aviation Investment and Modernization Act of 2007, each air carrier shall institute the following practices:
”(1) PROVISION OF FOOD AND WATER.–In any case in which departure of a flight of an air carrier is substantially delayed, such air carrier shall provide–
”(A) adequate food and potable water to passengers on such flight during such delay; and
”(B) adequate restroom facilities to passengers on such flight during such delay.
”(2) RIGHT TO DEPLANE.–
‘(A) IN GENERAL.–An air carrier shall develop a plan, that incorporates medical considerations, to ensure that passengers are provided a clear timeframe under which they will be permitted to deplane a delayed aircraft. The air carrier shall provide a copy of the plan to the Secretary of Transportation, who shall make the plan available to the public. In the absence of such a plan, except as provided in subparagraph (B), if more than 3 hours after passengers have boarded an air carrier and the air carrier doors are closed, the air carrier has not departed, the air carrier shall provide passengers with the option to deplane safely before the departure of such air carrier. Such option shall be provided to passengers not less often than once during each 3-hour period that the plane remains on the ground.
”(B) EXCEPTIONS.–Subparagraph (A) shall not apply– ”(i) if the pilot of such flight reasonably determines that such flight will depart not later than 30 minutes after the 3 hour delay; or
”(ii) if the pilot of such flight reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security.
”(b) AIR CARRIER.–In this section the term ‘air carrier’ means an air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation.”.
(b) REGULATIONS.–Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate such regulations as the Secretary determines necessary to carry out the amendment madeby subsection (a).
(c) CONFORMING AMENDMENT.–The chapter analysis for chapter 417 is amended by adding at the end the following:
SUBCHAPTER IV. AIRLINE CUSTOMER SERVICE
”41781. Airline contingency service requirements”.
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND
FLIGHT DELAY HISTORY.
Section 41722 is amended by adding at the end the following:
”(f) CHRONICALLY DELAYED FLIGHTS.–
”(1) PUBLICATION OF LIST OF FLIGHTS.–An air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation shall publish and update monthly on the Internet website of the air carrier, or provide on request, a list of chronically delayed flights operated by the air carrier.
”(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS.–An air carrier shall disclose the following information prominently to an individual before that individual books transportation on the air carrier’s Internet website for any flight for which data is reported to the Department of Transportation under part 234 of title 14, Code of Federal Regulations, and for which the air carrier has primary responsibility for inventory control:
”(A) The on-time performance for the flight if it is a chronically delayed flight.
”(B) The cancellation rate for the flight if it is a chronically canceled flight.
”(3) CHRONICALLY DELAYED; CHRONICALLY CANCELED.–The Secretary of Transportation shall define the terms ‘chronically delayed flight’ and ‘chronically canceled flight’ for purposes of this subsection.”.
Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.
Elliott is consumer advocate 
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