Says State Law Cannot Supersede Federal Guidelines

In a move with broader implications for similar legislation around the country, on Tuesday a federal appeals court threw out New York's fledgling passenger bill of rights legislation.

The 2nd US Circuit Court of Appeals ruled the New York Airline Passenger Bill of Rights, enacted January 1 of this year, conflicts with federal laws governing prices, routes and/or services provided by an airline.

New York's passenger rights law is similar to legislation proposed at the federal level, and included in both the House and Senate versions of the still-unresolved FAA reauthorization bill. The law calls for various measures of relief for passengers trapped onboard a grounded commercial airliner for longer than three hours.

The appeals panel acknowledged the law was enacted with good intentions... and lamented the need for such legislation, at the federal level or otherwise, after a series of airline strandings. But in the end, the court decided states don't have the authority to supersede federal oversight of rules governing airlines.

"If New York's view regarding the scope of its regulatory authority carried the day, another state could be free to enact a law prohibiting the service of soda on flights departing from its airports, while another could require allergen-free food options on its outbound flights, unraveling the centralized federal framework for air travel," the court wrote.

New York assemblyman Michael Gianaris, lead sponsor of the measure, said the fight for airline passenger rights legislation was "far from over," adding the defeat "is a disappointment to anyone who has suffered at the hands of airlines that care more about profits than their customers."

Conversely, the Air Transport Association -- lead lobbying group for the nation's airlines, and opposed to any legislation dictating how passengers should be treated -- said the ruling bolsters its argument only the federal government has the right to oversee airlines... though it would prefer airlines be allowed to enact such measures voluntarily.

FMI: www.flyersrights.org, www.airlines.org