While no one including airlines wants to be inconvenienced by airline delays, creating a “Passengers Bill of Rights” does not solve the problem or address the real issues.
Extended flight delays are the exception to everyday airline operations and normally only occur when airlines are faced with situations that are usually beyond their controls.
Airport and airspace saturation due to weather and air traffic control constraints are usually the main contributors.
As an employee of a major airline and having worked in the airline industry for over fifteen years, I believe the situation requires both a long term solution with immediate stop gap measures.
Long term we need new airports along with an updated air traffic control system to keep up with the projected increase in demand for air travel.
An immediate first step stop gap is for The Federal Aviation Administration (FAA) to restrict arrivals and departures into high density airport at peak times. This can be done without sacrificing seat capacity if airlines adjust their schedule frequency and equipment on certain routes.
High schedule frequency usually with smaller airplanes can contribute to airspace congestion which in turn leads to delays even on good weather days.
Secondly, with major weather events or air traffic control problems, passengers should not be allowed to board an aircraft unless air traffic control (FAA/ATC) can guarantee an airborne departure within one hour. A form of this is currently done at most high density airports through a flow control program but in light of the new legislation it needs to be enhanced.
Since the 3 hour time limitation does not begin until the aircraft physically leaves the gate with early boarding passengers may find themselves on the airplane a long time before the 3 hour limitation goes into effect.
With airlines facing stiff fines of almost $4 million dollars for an airplane with 148 passengers that is delayed over 3 hours, most airlines will return to the gate after a 2 hour taxi out delay no matter how close you are to takeoff. Depending on your crew legal status concerning duty or flight limitations your flight might be canceled.
It is naive for politicians or others to think that airlines purposely inconvenience and/or mistreat their passengers, we are aware that no one wins if this happens.
My airline with hundreds of flights a day has it's share of delays and operational problems but it is ridiculous to expect it to pay more than a hundred times the price of an average ticket for delays that are beyond it's control.
From my experience, you ultimately get to your destination faster on bad weather days or with air traffic control delays by being on the airplane in an active takeoff sequence.
A gate return which the new rule forces, usually adds to your delays because your flight loses it's spot in the departure line.
However, to keep the politicians happy and the airlines from paying million dollar plus in fines the norm will be a gate return. Your delay may be longer than 3 hours waiting inside the terminal or having your flight ultimately canceled but it is part of your rights and the airlines will not be punished as long as your delay is not in an airplane.
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