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AIRLINE PASSENGERS' BILL OF RIGHTS TAKES EFFECT

On Valentine’s Day 2007, thousands of passengers on several JetBlue Airways flights were stranded aboard planes at John F. Kennedy International Airport (JFK) in Queens, some for up to 10 hours, during a snow and ice storm. Then on March 17th, a day-long ice storm forced other airlines to strand hundreds more passengers on jets at JFK for hours.

Passengers onboard these planes complained of no food or water, overflowing toilets and no ventilation. JetBlue has since announced a Passengers’ Bill of Rights that provides monetary compensation following such incidents, but does not require amenities be given to stranded passengers.

Last year, I supported legislation in the State Senate to provide passengers stranded on airplanes at New York airports with certain basic amenities to make their wait more tolerable.

The legislation is now law and is effective as of January 1, 2008.

The new law sets basic customer standards that all major airlines should follow, while providing important consumer protections for passengers. All airlines at New York airports would be required to provide snacks and water, fresh air and power, and working rest rooms to passengers are stranded on delayed planes for more than three hours.

The law also creates the Office of Airline Consumer Advocate within the New York State Consumer Protection Board to provide the public with a New York State-based consumer advocate and contact person who can help to coordinate with the appropriate airline industry officials, federal agencies and the Port Authority of New York and New Jersey in the event an incident occurs.

Specifically, the "New York State Airline Passengers’ Bill of Rights" would be required to provide passengers with:

    •   Electric generation service to provide temporary power for fresh air and lights;

    •  Waste removal service to service the holding tanks for on-board restrooms; and

    •  Drinking water and other refreshments.

In addition, all air carriers would be required to clearly and conspicuously post or provide forms including an explanation of rights, consumer complaint information, and contact numbers and addresses for air travel service problems.

While federal law places restrictions on what individual states can do when it comes to legislation relating to air travel, federal courts have held that the provision of "amenities" for air travelers is one area that states can legitimately address.

New York is home to some of the world’s busiest airports, and I am glad that we were able to adopt measures that will make air travel as comfortable as possible for passengers. This new law will help protect passengers on delayed flights and ensure that they are not held hostage without amenities, but rather are treated with respect.

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