First of all, Consumers Union would like t o bot h t hank and commend Secret ary LaHood for doing so much t o st rengt hen passenger right s. Coupled wit h t he init iat ive on t armac delays announced last December, t he DOT has done more t o provide
assist ance t o consu mers in t he last six mont hs t han it has in

many , many years. As t he Secret ary st at ed when announcing t hese proposed rules in June: “ Airline passengers have right s and should be able t o expect fair and reasonable t reat ment when t hey fly. ”

The new proposed rules will great ly enhance t he passenger experience. But t hey also make clear t he DOT’s commit ment t o t he most import ant st akeholders of all

— t he cust omers who support commercial aviat ion in t he Unit ed St at es.

Lat ely t here has been much t alk wit hin t he ind ust ry

— and even
wit hin t his commit t ee

— t hat unhappy passengers should quot e
“ vot e wit h t heir feet ” and select anot her airline. As if such a t hing were possible at 35,000 feet . The simple fact is t hat choosing an airline is not like choosing a t oot hpast e or a big

box ret ail st ore, and t here are several key reasons: • The nat ion’s aviat ion infrast ruct ure belongs t o it s cit izens, and t axpayer dollars

— paid by t hose who fly as well as by t hose who do not fly

— support t hat infrast ruct ure.

• In many market s, t here is no meaningful choice, eit her because t here is no compet it ion or because compet ing airlines
are in lock

- st ep on consumer issues. As indust ry consolidat ion increases, t his t rend increases as well. • The airline indust ry’s federal preempt ion prevent s consume rs from redressing grievances on t he st at e and local level, t hereby placing added emphasis on federal regulat ions. For example, t wo years ago t he New York St at e Legislat ure enact ed a Passenger Bill of Right s but t hose of us who arefamiliar wit h indust ry h ist ory were not at all surprised t o see a federal court prompt ly st rike it down. • The very nat ure of commercial air t ravel, and t he inherent regulat ions concerning safet y and securit y, invest s t remendous aut horit y in airline crewmembers and ot her employee s, and t hereby provides t hem wit h t remendous responsibilit ies for passengers’ comfort and well

- being as well.

As not ed, Consumers Union applauds Secret ary LaHood and t he DOT for doing so much so quickly t o assist passengers. But

a s awful as ext ended t arma c delays are for t hose forced t o endure t hem, t here are ot her low

- profile sit uat ions t hat occur every single day at airport s t hroughout t he count ry. Airline cont ract s of carriage are difficult t o int erpret and enforce and t hey can vary considerably from ca rrier t o carrier. When faced wit h a delayed or cancelled flight s, even t he savviest of passengers experience an “ informat ional vacuum” and are unsure how t o proceed.

That ’s why we’ve proposed t he DOT implement a Unified Passenger Bill of Right s. Here is a recap of t hat proposal:

• PROPOSAL: DOT SHOULD IMPLEMENT A UNIFIED PASSENGER BILL OF RIGHTS. Since 2005, t he European Union has enforced a single, st raight forward, comprehensive set of rules for passengers flying wit hin Europe (a summary is at t ached).
Th ese regulat ions have proved t o be quit e effect ive and can easily be int erpret ed by passengers and airlines alike; subsequent ly t hey have led t o an increase in cust omer sat isfact ion and clarit y for airlines.

For years t he DOT has enforced a single set of st andards for mishandled baggage, a regulat ion t he DOT st rengt hened earliert his mont h while also st rengt hening compensat ion for passengers involunt arily denied boarding. Now t he DOT needs t o implement clear and inclusive regulat ions on ot her key
issues fo r all passengers flying wit hin t he U.S., including: * t ransparency in airline pricing, including ancillary fees * t ransparency in flight operat ions, such as codesharing and commut er operat ions * compensat ion for lengt hy flight delays * compensat ion for flight cancellat ions

Furt her, t he DOT needs t o st rengt hen it s Aviat ion Consumer Prot ect ion and Enforcement division by est ablishing an Airline Passenger Right s Ombudsman, who would be an int rinsic component in shaping DOT and FAA commercial aviat ion poli cies.