Understanding the new airline passenger protection rules

(News Terupdate) - You've heard passengers' horror stories about sitting for hours in a parked metal tube with crying babies, clogged toilets and rationed snacks.

The Department of Transportation hopes they will become faded memories for air travelers after new, more aggressive passenger protection rules go into effect Thursday.

The DOT's tarmac delay rule subjects airlines to stiff fines if passengers are stuck on the tarmac for more than three hours. It was prompted by a string of long delays dating back to December 2006, which DOT documents say caused passengers "undue discomfort and inconvenience."

The tipping point for DOT Secretary Ray LaHood came in August 2009, when 47 airline passengers were trapped overnight on a tarmac in Rochester, Minnesota.

Passengers reported subsisting on rationed Pringles potato chips and said the toilet stopped working.

"There was no common sense used, no decency towards people that were sitting on a plane," LaHood said Tuesday at a news conference.

The tarmac delay rule has been widely discussed and debated since it was announced in December, but it is only one of a series of new DOT regulations designed to protect commercial airline passengers.

Here are a few more details travelers should know:

Expect a response to complaints to airlines

The DOT requires airlines to acknowledge a customer complaint within 30 days and provide a response within 60 days that addresses the specifics of that complaint.

Airlines must provide passengers with an e-mail address or online contact form, as well as a mailing address for filing complaints. The contact information must be available on carrier websites and e-ticket confirmations. Airlines don't have to listen to your complaints over the telephone.

International travelers may have to wait longer

The three-hour tarmac time limit applies only to domestic flights. On delayed international flights, the DOT will allow U.S. carriers to determine their own time limits. The airlines must define those limits and include them in tarmac delay contingency plans posted on their websites.The agency says that less frequent international service would mean more inconvenience to consumers should those flights be cancelled.

Airlines' tarmac delay contingency plans for all flights must assure passengers working restrooms and "adequate food and potable water" within two hours of leaving the gate or touching down. The DOT said snacks such as pretzels and granola bars would be considered adequate. The airlines are also required to provide medical attention, if needed.

Safety, security, air traffic exceptions may apply

Exceptions to the tarmac delay limits may apply if the pilot sees a safety or security issue with returning passengers to the terminal. The DOT cites weather, air traffic control or a government agency directive as possible issues.

Air traffic control may also override the rule if it determines that getting passengers off the plane would create a major disruption in airport operations.

Unrealistic scheduling and chronic delays prohibited

Large airlines can be penalized for unrealistic scheduling, which may include a frequently canceled flight or one that is considered "chronically delayed." The designation applies to flights that operate at least 10 times a month and arrive more than 30 minutes late more than half the time.

Carriers with flights that are chronically delayed for more than four consecutive 30-day periods would be subject to penalties.

Beginning at the end of July, large airlines will have to provide flight delay information on their websites for all domestic flights early in the purchasing process.

"We were concerned that if we simply permitted carriers to display flight delay information at any stage before a consumer buys a ticket, it could result in passengers not having access to that information until just before they click the 'buy now' button," the DOT document explains.

Customer service and compliance required

The DOT also requires airlines to develop customer service plans to address situations not covered in their contracts with passengers. Airlines are expected to audit their compliance and report the results to the DOT.

How rules are enforced, penalties determined

Civil penalties of up to $27,500 per passenger would be paid to the government, not to passengers. That amount is the maximum civil penalty for large airlines for violating any aviation consumer rule.

DOT spokesman Bill Mosley told CNN in an e-mail that the department monitors airline compliance by reviewing consumer complaints and calls to the airline, and by making onsite visits.

"The Department's Aviation Enforcement Office considers a number of factors in determining the civil penalty it would seek," he said. Among those factors are the harm caused by the violations, the alleged violator's compliance record, economic conditions, ability to pay, how long the violations continued and the strength of the case.

For more information, search for docket dot-ost-2007-0022 on www.regulations.gov.

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Officials: Suspect in diverted flight used to be in Air Force

(News Terupdate) - A man detained after claiming he had explosives on a trans-Atlantic flight Tuesday served in the U.S. Air Force as an intelligence specialist for four years, Air Force officials said.

Delta Air Lines Flight 273, which was heading from Paris, France, to Atlanta, Georgia, was diverted to Bangor, Maine, on Tuesday afternoon after the man made the explosives claim, law enforcement officials said.

Two law enforcement officials identified the passenger as Derek Stansberry of Florida. He held the rank of senior airman and was on active duty from June 2005 to June 2009, according to Air Force officials.

Federal air marshals on board the flight took Stansberry into custody, Delta spokeswoman Susan Elliot said.

In addition to explosives, Stansberry claimed he had false documents, the law enforcement officials said. Investigators had found no explosives so far, they said.

Stansberry was not flagged on any databases, they said. The FBI is leading the investigation with assistance from Immigration and Customs Enforcement, the Transportation Security Administration and the Bangor Police Department, the officials said.

Stansberry trained at Goodfellow Air Force Base in San Angelo, Texas, and also was stationed at Hurlburt Field in Okaloosa County, Florida, according to Air Force officials. He served in Iraq and Afghanistan, according to service records.

Delta's Paul Skrbec said the airline was putting the diverted flight's passengers in a hotel overnight and providing them with a meal and vouchers for future travel. Skrbec said they would leave in the same plane that brought them to Bangor.

Passengers said they were unaware of any disruption, but that the flight crew moved all the passengers forward in the partially filled cabin.

"For some time, we were not told anything," passenger Adithya Sastryi said. "But the pilot came on and told us, 'There has been a security threat,' and that they're trying to get it under control."

Passenger Sandy Zusmann said passengers were first told to buckle up because the plane was heading into turbulence.

"About 45 minutes later to an hour later, they came on and they said, 'As some of you may know, we had a security threat on the flight. That's now under control, but we're going to ask everybody to stay in their seats for the remainder of the flight,'" Zusmann said.

The jet landed in Maine at about 3:30 p.m. ET.

Zusmann said the flight crew members were calm and professional.

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Tarmac delay rule to go into effect this week

Washington (News Terupdate) - Transportation Secretary Ray LaHood is expected to discuss Tuesday the new tarmac delay rule that goes into effect before the end of the week.

The rule, set to take effect Thursday, is designed to prevent planes on domestic routes from sitting on the tarmac for more than three hours with passengers on board.

Airlines who violate the rule could face fines of up to $27,500 per passenger, the maximum allowed for violating any aviation consumer rule.

"Passengers on flights delayed on the tarmac have a right to know they will not be held aboard a plane indefinitely," LaHood said in a statement last week.

"This is an important consumer protection, and we believe it should take effect as planned."

On Thursday, the Department of Transportation denied requests from JetBlue, Delta, Continental, American and US Airways for exceptions to the rule, which were prompted by runway construction at New York's John F. Kennedy International Airport, one of the nation's most congested airports.

Delta and American Airlines also requested exemptions at JFK, and Continental Airlines followed with its own request that added neighboring LaGuardia and Newark Liberty International airports.

US Airways asked for a similar exemption at its hub at Philadelphia International Airport, arguing that "it shares the same airspace, is part of the same air traffic control center (New York Center), and has the same congestion challenges as JFK, LaGuardia and Newark."

In its ruling, the department indicated that it may take the construction at JFK into account "when deciding whether to pursue enforcement action for failing to comply with the rule and the amount of the fine, if any, to seek as a result of noncompliance."

Airlines could re-route or reschedule JFK flights to minimize congestion, the department said.

Airline passenger advocate Kate Hanni, founder of FlyersRights.org and a supporter of the tarmac delay rule, is pleased the exemptions were denied.

"We are both thrilled and gratified that DOT has taken a hard stand against long tarmac delays as a safety issue. We believe that 700 million travelers a year will benefit knowing they can reasonably predict the outcome of their flight knowing they cannot be held longer than 3 hours in a sealed metal tube!" Hanni said via e-mail last week.

Another passenger advocate, David Stempler, president of the Air Travelers Association, is opposed to the three-hour rule, stating that "placing time deadlines on safety-related activities should never occur."

The rule "creates not only safety concerns for passengers, but misery in the from of many more cancelled flights," he said.

Stempler and other opponents of the rule say airlines are likely to cancel more flights during the busy summer travel season to avoid penalties incurred by long delays.

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Ex-Panamanian dictator Manuel Noriega extradited to France

(News Terupdate) - Former Panamanian dictator Manuel Noriega arrived Tuesday morning in France -- where he was extradited to stand trial on charges that he laundered drug money.

Noriega arrived in Paris aboard an Air France commercial flight from Miami, Florida.

US. Secretary of State Hillary Clinton signed a surrender warrant Monday, clearing the way for Noriega's extradition after he spent more than 20 years in a U.S. federal prison.

The move came as a shock to the Miami attorneys who have defended Noriega for more than 20 years.

"I would have hoped, if an order was signed, that the State Department would have the courtesy to respond to his lawyers and tell them an order was signed," said Frank Rubino, Noriega's criminal defense attorney.

"I'm in total shock they did this without the common courtesy of a phone call. They owe us, as his lawyers, to keep us informed."

For the past two and a half years, Noriega and his attorneys had argued that the United States was violating the Geneva Convention by not sending him back to Panama, where he was seized by U.S. troops after the United States invaded Panama in 1989.

U.S. federal courts ruled against him.

His last shot had been an appeal to the U.S. Supreme Court, which rejected hearing his case in January.

U.S. forces removed the ex-dictator from office during Operation Nifty Package, the 1989 invasion of Panama. Noriega had fled his offices and tried to seek sanctuary in the Vatican Embassy in Panama City.

U.S. troops set up large speakers around the compound, blaring music at all hours, a psychological ploy to rattle the general.

He eventually surrendered on January 3, 1990, and was quickly escorted to the United States for civilian trial.

After his drug conviction, Noriega was given POW status. His federal sentence, originally for 30 years, ended in September 2007 after time off for good behavior.

In Panama, Noriega is wanted for the murder of a political rival.

Panama has requested his extradition, but the U.S. is honoring France's extradition request instead.

France has already convicted Noriega in absentia for money laundering but has promised him a new trial.

While in U.S. custody, Noriega suffered from prostate cancer and had a stroke.

Last month, in an exclusive interview with CNN, Noriega's grandson Jean-Manuel Beauchamp said that he had grown to admire his grandfather. He was only 4 months old when the U.S. invaded Panama.

"When I was a kid, I didn't grow up knowing he was in prison. I thought he was in school," Beauchamp said.

"I've spent quality time with him, but not private time," he said, alluding to prison security and the monitoring of conversations. "He's the smartest man I know. He's so friendly, outgoing, knowledgeable. He's always looking to teach or give advice."

But the U.S. government has portrayed Noriega as the ultimate crooked cop -- a man who was paid millions by the Medellin drug cartel in Colombia to protect cocaine and money shipments.

Panamanians remember him as a cruel dictator who was charged with murder and convicted in absentia.

Panama has also said he would get a new trial.

In the meantime, Beauchamp says that his grandfather reads and prays a lot, and still has a soldier's mentality.

"He's ready for anything. He's probably developed strategies, in his own mind, to emotionally prepare. He's been packed for two and a half years, waiting," he said.

But, he added, "The U.S. should be escorting him back to Panama, from where they took him."

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FAA calls for crackdown on cockpit distractions

Washington (News Terupdate) - Airlines should create and enforce policies to ensure that pilots focus on flying their planes safely instead of being distracted by laptop computers and other devices, the Department of Transportation's Federal Aviation Administration said Monday.

The statement referred to the incident in October when pilots of Northwest Airlines Flight 188 overflew their destination by 150 miles because they were using laptop computers for personal activities.

Northwest has a policy prohibiting pilots from using their laptops in the cockpit, and the pilots in the October incident had their licenses revoked. An FAA settlement with the two pilots allows them to reapply for their licenses as soon as August 29.

In its Information for Operators guidance, the FAA notes that any cockpit distraction can be a safety risk, including the use of personal electronic devices for non-flight activities.

"Every aviation professional needs to take the issue of distractions in the cockpit seriously," FAA Administrator Randy Babbitt said in the document.

"And when there are two or more professionals on the flight deck, they must hold each other to the highest safety standards. Allowing distractions is unacceptable."

The FAA's Sterile Cockpit Rule prohibits pilots from engaging in any type of distracting behavior during critical phases of flight, including takeoff and landing.

In the guidance announced Monday, the FAA asks airlines to create a "safety culture" in the cockpit through crew training programs.

Although laptop computers and other electronic devices are becoming valuable tools for pilots in their routine duties, "they must only be used in the cockpit if they assist pilots in safely operating an aircraft," the document said.

On October 21, Capt. Timothy B. Cheney and First Officer Richard I. Cole flew their Northwest jet past their destination city of Minneapolis, Minnesota.

They told investigators they used personal laptop computers during the flight, in violation of company policy, and lost track of time. They became aware of their plane's position only after a flight attendant asked about the landing time.

The Airbus A320 was flying at 37,000 feet over the Denver, Colorado, area at 5:56 p.m. when air traffic controllers lost radio contact for more than an hour, the National Transportation Safety Board said in a report.

Northwest Flight 188 had departed San Diego, California, en route to Minnesota carrying 144 passengers, the two pilots and three flight attendants.

Cheney was hired in 1985 and has more than 20,000 hours flight time, while Cole was hired in 1997 and has about 11,000 hours of flight time, the NTSB report said.

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Airlines lash out over ash cloud compensation

(News Terupdate) - Recriminations are emerging in the wake of the volcanic ash crisis with airlines expressing anger over passenger compensation rules and demanding financial help for losses caused by what they say was a needless ban on flights.

Michael O'Leary, chief executive of budget carrier Ryanair, has led criticism of European Union regulations that require operators to feed and accommodate stranded passengers, saying his airline has only agreed to pay under duress.

"The events of the last seven days, under which Europe's airlines were prevented from flying by the closure of European airspace highlight how absurd and discriminatory the EU261 regulations are towards Europe's airlines," O'Leary said in a statement.

Ryanair, which sells some flights for less than $10 but charges for extras including baggage, earlier said it would reimburse claims up to the cost of tickets, but later backed down saying it would meet "reasonable" expenses.

European flights back to 100 percent

"While competitor ferry, coach and train operators are obliged to reimburse passengers reasonable expenses, this reimbursement is limited to the ticket price paid to those operators," O'Leary added.

"Yet the airlines are required by regulation to meet potentially unlimited expenses, in circumstances where there has been a catastrophic closure of European airspace over the past seven days, as EU Governments and Regulators wrongly applied a blanket ban on flights over European airspace."

Has the ash situation affected your travels?

His comments follow complaints by airlines and industry bodies that the six-day flight ban imposed by authorities due to ash from and Icelandic volcano, were unduly cautious.

The International Air Transport Authority, which says the ban cost the industry $1.7 billion in lost revenue, called on the European Union to ease the financial burden on airlines.

Giovanni Bisignani, IATA's Director General and CEO, said the volcano crisis was an "act of God" beyond the control of airlines, who are now being victimized by unfair compensation regulations.

"The regulations were never meant for such extra-ordinary situations. It is urgent that the European Commission finds a way to ease this unfair burden," Bisignani said in a statement.

Latest travel developments

British Transport Minister Andrew Adonis said European authorities were considering requests for financial assistance by airlines and defended the flight ban.

"It was not a mistake. The safety authorities have quite properly been making safety their paramount consideration," Adonis told CNN. "Unless we can guarantee the safety of the air traveling public, there will be no planes flying at all."

Was airspace shutdown necessary?

He added: "The European Commission and the European Union is looking at the financial issue in respect of airlines. They are making proposals next week and I will of course be looking at those proposals."

Adonis also urged passengers to pursue claims against airlines.

"Passengers have right if they are with EU carriers to be re-routed, which gives them a ticket home and and food and accommodation in the period that they were unable to travel. These rights are enshrined in EU regulations and passengers should exercise them," he said.

Source : CNN

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