Critics Say Measure Interferes With Federal Regulations

The State of New York, which has a recent history of attempts to wrest jurisdiction from the federal government in areas affecting, is trumpeting one-upsmanship in creating a state airline passenger bill of rights.

The law, signed August 2 by Governor Eliot Spitzer, will go into effect in January. It requires passengers on any flight which has left its gate but remains on the tarmac over three hours to be afforded access to food, water, fresh air, power and working restrooms. Airlines found in violation could face fines of up to $1,000 per passenger.

The bill is meant to "ensure airline passengers on severely delayed flights operating out of New York airports are provided with basic customer protections," Spitzer said, reports Business Travel News.

The law also establishes an Office of the Airline Consumer Advocate to enforce its provisions, apparently inspired by the strandings reported at New York City's John F. Kennedy Airport in February and March.

Like the federal version of the passenger bill of rights attached to FAA reauthorization legislation in the US Senate, the New York law stops short of requiring airlines to allow passengers to deplane after being stranded for three hours.

Critics of the New York measure say it clearly violates existing law by interfering in federal regulation of airlines.

"It is remarkable that as our airline industry finally reaches pre-9/11 capacities and a measure of financial health, the government response is to pile on regulation," wrote Evan Sparks in an online editorial for American.com. "The New York law will force airlines to change practices related to maintenance, catering, and logistics in ways that may increase delays and will inevitably raise fares in New York markets and make the state less competitive -- that is, if the law is not struck down first."

As evidenced by recent attempts by New York to impose criminal background checks on flight school students, and raise the minimum age at which students can solo... state politicians aren't shy about pushing the federal envelope.

FMI: http://assembly.state.ny.us/leg/?bn=A08406