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June 8, 2016

In a few months will stand at the threshold of our first decade.

Today we look back to the past and recall our history so that we may deal with the present and plan for the future

What’s the history of was formed in early 2007 by one frustrated airline passenger who was stranded on the tarmac with her family for over 9 hours by American Airlines, which had diverted 100 flights involving 10,000 passengers due to thunder storms at its Dallas hub and then refused to let them exit their aircraft for excessively long times so they could avoid “passenger migration” to alternative transportation and avoid refunds. Tarmac confinements had become a common airline passenger abuse, affecting 150,000 to 250,000 annually.  After posting an online petition over 20,000 quickly signed up and that started a campaign to end outlaw tarmac confinements, which was successful by enactment of what in known as the Three Hour Rule in 2008.
What’s the organization’s biggest victory?
We’re probably best known for the Three-Hour Rule. 

Back in December 2009, pressed for the Department of Transportation (DOT) to force airlines to allow passengers off a delayed plane after three hours on the tarmac. 
Also, within that three hours passengers must be given food, water, and medical treatment if needed. DOT hotline information must be posted on the Web and displayed in airports; and the DOT must set up a committee for aviation consumer protection.
Timeline of Successes:
2008 – Increased compensation: doubling of the maximum cash compensation to $400 for domestic flights and $800 for international flights.
2010 – FlyersRights got the 3-Hour Tarmac Delay Rule passed. This made it illegal for planes to sit on the tarmac for over three hours, and international flights four hours.
2011 – Increase of bumping compensation to $650-$1300. International Flights will have to report data for time on the tarmac. 
2012 – Disclosure of Taxes and Fees in Published Fares- the DOT now requires airlines to include all mandatory taxes and fees in published airfares, instead of simply asterisks with all the taxes and fees in fine print. Airlines must also disclose bag fees, though this can come in the form of a link to another Web page with the baggage fee information.
2012 – Change or Cancel the Ticket- our rule requires carriers to hold a reservation at the quoted fare for 24 hours without payment or allow a reservation to be cancelled within 24 hours without penalty.
2012 – Route Changes- DOT now requires airlines to give passengers prompt notification of delays, cancellations and route changes.
2012 – Schedule Changes- similar to the routing changes, if the airline changes your scheduled flight to a different time or day, you aren’t legally entitled to any compensation, only a refund of the ticket price you paid.
2012- Baggage Fee Coordination- airlines are required to refund any bag fee if the airline loses it. Airlines will also be required to apply the same baggage allowances and fees for all segments of a trip, including segments with interline and code share partners.
2012 – Compensation- passengers are entitled to compensation equal to 400% of the fare to the next stopover, or if none, to the final ticketed destination. Compensation is capped at $1,300. Passengers traveling between points within the United States (including the territories and possessions) who are denied boarding involuntarily from an oversold flight are entitled to: (1) No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover not later than one hour after the planned arrival time of the passenger’s original flight; (2) 200% of the fare to the passenger’s destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover more than one hour but less than two hours after the planned arrival time of the passenger’s original flight; and (3) 400% of the fare to the passenger’s destination or first stopover, with a maximum of $1,300, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger’s destination or first stopover less than two hours after the planned arrival time of the passenger’s original flight.

What’s our biggest challenge?
Most recently, it’s the Seat Space Amendment to the Federal Aviation Administration (FAA) reauthorization bill. This amendment would have stopped the airlines from further reducing seat widths and pitch for safety, health and comfort.
Another challenge is addressing dubious evacuation tests produced by the airlines. They need to be more more reality-based involving real passengers – not just computer simulated, or with fit, healthy airline employees wearing tennis shoes, following a few “practice runs” first. 
Currently there are no rules on seat sizes or passenger space. So airlines are aggressively reducing seat and passenger space on both new and existing airliners to squeeze more people in and more revenue out. Reality based evacuation testing may put a halt to this.
The average distance between rows has dropped from 35 inches before airline deregulation in the 1970s to about 31 inches today. The average width of an airline seat has also shrunk, from 18 inches to about 16½. 
What is the Passenger Bill of Rights 2.0? 
This bill written by is our current priority. It addresses many areas of consumer protections. Highlights include:

– Standardized legroom in economy class.
– Reinstating the reciprocity rule (aka Rule 240) allowing passengers on canceled or excessively delayed flights to transfer their tickets to another airline with available seating flying to the same or nearby destination.
– Require airlines to maintain a reserve of equipment and flight crews sufficient to provide good service and keep flight cancellations to under 2%, and on-time performance over 85%.
– Set minimum fines of $1,000 per passenger with ½ paid to affected passengers for flight cancellations based on false claims of force majeure (e.g. weather or air traffic control).
– Require airlines to inform passengers verbally and in writing of their rights to compensation for delays under US law for domestic flights, under the Montreal Convention of 1999 for international flights and under EU regulations for flights flying to, from or within EU countries.
– Require passengers to receive meals, lodging and ground transportation when delays and cancellations result in stranding passengers overnight away from their home cities.
– More protections against lost, damaged and mishandled baggage.
– Higher standards, more disclosure and reporting for frequent flyer programs.
What are the bill’s future prospects for passage?
In 2014 FlyersRights submitted the bill’s proposal to all members of Congress – but it has stalled due to Republican domination of both the Senate and the House. Its future prospects depend on the election outcome in November.
What other issues are on your list?
Maintaining our toll-free, international Hotline, manned by volunteers to help air travelers with their every urgent need.
Continuing to advocate with Congress and the DOT to pass laws and rulemakings that protect air travelers.
These days, there’s no end to air travel complaints: Long security lines, flight delays, cramped seats, overbooked flights, baggage and preferred seating fees. 
Probably our biggest gripes come from the too-tight seating in economy class, the separating out and charging for what was once included in the airfare, and delays or cancellations at the airport. These are inevitable since the Transportation Department does not require airlines to compensate passengers.
Given all these long-standing complaints about air travel, how do airlines keep getting away with it?
Because they can. The four major US airlines which dominate the market are coordinating and colluding to keep fares high and service minimal. The result is passengers have fewer consumer rights than any other type of consumer. Essentially, they’ve ‘gotcha’.
How can airports improve the passenger experience?
The airport plays a huge role. Well-managed airports do not have:

– Long lines of any sort: not at check-in, security, the bathrooms, immigration, or customs.  That means there are enough people working there that handle the daily surges in passengers that pass through in the mornings and afternoons. Or, distributing passengers over more points. For example, Amsterdam Schiphol puts its passengers through security at each gate on long haul flights, eliminating major choke points, unlike at most airports.
– Noise. Excessive noise raises stress levels. Good airports use noise-deadening fabrics and woods inside the terminal.  

A good airport has:

– Easy access to the city.   
– Good layout, easy to navigate, and gets passengers in and out of the airport quickly. 
– Natural light. 
– Healthy food options.
– Good WiFi. Free is even better.

After monetary struggles in the early 2000s, the airlines are profitable again.  How have they done it?

They’ve done very well due to questionable practices such as:

– Upselling seats to parents who want to sit with their children.
– Charging outrageous fees such as $200 to $450 when a passenger has to cancel a flight.
– A boom in ancillary fees. Separating out items that once were part of a ticket, and reselling them as extras.
-Lack of truth in advertising. Airlines hold back many seats for on their seating charts so passengers believe that seating is more limited than it actually is. Many decide that they need to purchase a seat upgrade.

What impact have airline mergers had on the industry and what can be done to make it more competitive again?

The airline mergers, from twelve major carriers down to four, has had a negative impact on the consumer by increasing fares and fees and lowering customer service.

Airlines have also made deep cuts at smaller hubs. Delta eliminated Cincinnati and Memphis as hubs after its 2008 merger with Northwest Airlines. Likewise, United eliminated Cleveland as a hub several years after its 2010 merger with Continental Airlines, leading to a 37% decline in the airport’s domestic seats over the same seven-year period.

Airlines need to be held to their schedules better. In Europe, the airlines are punished for delays in service and consumers get compensated. Similar rules should prevail in the United States.

What can frustrated air travelers do to advocate on their own behalf?

Know your rights as a passenger.

What happens if you get involuntarily bumped from a flight? What kind of compensation can you expect if an airline loses your suitcase? And where can you turn if you have a complaint?


Refund guidelines vary but there are a few general rules. If you need to cancel a ticket purchased under a nonrefundable fare, you may be able to apply the fare you paid toward a future flight, minus any applicable change or cancellation fees. If you need to cancel a refundable ticket purchased by credit card, your refund will be issued as a credit on the same card you used to make the purchase. (Contact your credit card company for support if you have problems getting a refund from your airline in a timely manner.)

Check-In Times:

Even if you have already checked in for your flight, an airline can cancel your reservation if you are not at the departure gate on time. Your seat may be given to another passenger, regardless of whether you have an advance boarding pass or an advance seat assignment. By the same token, if you do not check your baggage in sufficient time for it to be loaded on your flight, the airline will not be responsible for any delay in the delivery of your baggage to your destination. We recommend that you arrive at least two hours before your departure time (or earlier if you’re flying internationally or over the holidays).


US airlines are not required to compensate passengers for delayed or canceled flights. Each carrier differs in its policy and there are no federal requirements for passenger compensation. Most airlines will book you on the next available flight if your flight is canceled. If your plane is delayed, the airline may pay for meals or a phone call, so it’s worth asking. Some will offer no amenities if the delay is caused by bad weather or other conditions beyond their control. Compensation is required by law only if you are “bumped” from a flight that is oversold (discussed above).

Airlines operating flights within the US cannot keep a plane on the tarmac for more than three hours, and they must provide drinking water and some sort of food for any delays longer than two hours. There must also be functioning lavatories onboard during the delay, as well as medical attention when necessary. The maximum delay for international flights is four hours. Airlines who violate this rule must pay a penalty.

Your Letters!
In response to last week’s newsletter,  TS…eh
Dear FlyersRights:
Great article!  Too bad Crooked Congress doesn’t [care] about the traveling public.
I suggest, if he isn’t a FR member, you send Sam Champion a personal invitation to be a member.  He would make a great high profile defender of passenger rights….until the airline coalition gets him fired for speaking the truth.


(Editor’s note: Yes, we did invite him to become a FlyersRights member!)
Dear FlyersRights:
Here we go again, and again, and again. Why are you so insistent that hiring more TSA screeners would solve the problem at security check points? I can not for the life of me understand your seasoning. As a pilot, I travel through airports on a regular basis and I have seen with my own eyes wherein lies the problem with the TSA. Pour management and very poor morale is to blame.
As a government run entity, there are huge failings on the part of the TSA as a government agency. The moral is so bad and the employee selection is even worse that some put the turnover rate as high as 22% a year. That’s right up there with fast food restaurants! And, for those that don’t know, the average pay scale for entry level positions is $38,000, but nearly 40% of screeners start out as part time and make $17.00 an hour. This is not bad for someone who has a high school education with no college or other training and may have been working at a fast food chain just the week before. As a matter of fact, according to and the TSAs own website, about half of all TSA employees are in this latter category, especially screeners.
This is why the TSA should be phased out and privatization should occur. The private sector would do a much better job of hiring candidates for airport screener positions and the public would accept a private company over a government run agency when it comes to being patted down and treated like criminals just for wanting to fly to visit friends and family.
I have friends who are now working for, or have worked for the TSA in the past, that tell me that the TSA is a very poorly run agency. I have been told that a lot of the new hires often come to work with a “power trip ego” but don’t last long when they realize that their power trip deflates rather rapidly when they find out that they are required to actually work their shift and nobody gives a hoot about their status. As one of my former TSA friends has told me, “It’s like a revolving door of new employees”.
So l say, no more TSA. And especially no more expanded TSA. Sometimes when something is broken you simply have to replace it!
Editors Note: What the T.S.A. screens for is a political decision, and the budget they are provided is a political decision. The simplest solution to long lines: Hire more TSA inspectors. 
Dear Flyers Rights:

My wife and I flew from San Francisco to Nashville on May 23, 2016 and returned on May 28.  The time to go through security at each of these airports was around 5-7 minutes.  That is about the average we have found around the country over the past three or four years.  The one exception is San Diego, CA where the problem is as airport that was designed and built many years prior to security screening and has a definite lack of space for screeners and equipment.
One thing that could speed up the process considerably is better training of the screeners.  One of the screeners in the line in San Francisco took at least 30 seconds to instruct every person going through the X-ray screening machine how to empty their pockets.  This for a process that takes less than that amount of time.  I know that SFO is not a TSA staffed facility, but the same training principles apply.
Dropping baggage fees will not enhance the travelers experience in my opinion.  Even with reduced loads in the baggage holds of most aircraft today, it still takes anywhere from 15 to 30 minutes to receive checked bags at the end of a flight.  Allowing for more checked bags will only add to the wait time at the destination.  Most business travelers will still carry on their bags, while a family going on a week or longer vacation won’t be able to get everything in a carry-on bag and will still need to check their bags.

Based on my experiences as a Federal employee of DOT for more than 25 years prior to my retirement, the problem is that the entire system was put together as a knee-jerk reaction to a series of events, and has never been thoroughly updated to a reasonable standard that will provide the level of protection that the DHS and TSA claim they can give us.  TSA admits that they have never identified a bomber, hijacker, or terrorist at an airport in the US.  They have confiscated millions of dollars of personal property that they deem could be used as weapons while allowing actual weapons to be carried on board aircraft.  They have wasted billions of dollars of our money in order to waste untold hours of our time, causing us to miss flights, and embarrassing us by their intrusive public inspections of our bodies.  The entire process of airport security is a complete waste of time and money.
I think that the better approach would be the use of dogs in the airport to check for explosives.  Dogs do not have biases or prejudices; they do their jobs and get rewarded.  The use of highly trained people who actually know how to identify people of interest would also be of great value.  Would they target people of specific ethnic characteristics?  I would hope so.
The system has never worked.  My question to Congress and DHS would be why they are perpetuating it.

Windsor, CA

Dear Flyers Rights team,

While this is not an issue with airlines, this is good information for those of us who travel a lot for work.
New law bans rental companies from using recalled cars.
Dear FlyersRights:
I would like to contribute to your blog but I don’t like PayPal. Is there another way?
Yes! You may donate by check or money order sent to or Flyers Rights Education Fund, Inc., 4411 Bee Ridge Rd. #274, Sarasota, Florida 34233.
It should also be possible to use a credit card through PayPal.
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We are working on other ways to donate.  
Thank you!

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