N.Y. creates passenger bill of rights

By Newsday

Friday, June 22, 2007 11:42 PM EDT

In what would be the first legislation of its kind by a state, the New York Senate and Assembly have approved a measure that would require airlines operating at New York airports to provide passengers delayed on planes for three hours with water, snacks and working waste-disposal systems.
The move comes after thousands were trapped aboard grounded airplanes during storms at Kennedy and other airports.

The bill, called the Airline Passengers Bill of Rights, was approved unanimously by the Senate on Tuesday.

The Assembly passed the bill Thursday. Aides said they expect Gov. Eliot Spitzer to sign the bill.

“This is awesome,” said Kate Hanni, a Napa Valley, Calif., real estate broker who earlier this year began a nationwide drive to force airlines to allow passengers stuck on passenger jets to deplane after her own experience.

Legislation also is pending in Congress to require airlines to allow passengers off a plane after three hours.

The New York legislation deals only with providing passengers with amenities aboard grounded planes at New York airports - not with allowing them off the plane.

States have little authority over airline operations such as allowing passengers off a grounded plane.

However, a fight over the New York State legislation could be brewing.

The Air Transport Association, a Washington-based organization that represents major airlines, said such legislation is “pre-empted” by the federal Airline Deregulation Act of 1978. David Castleveter, an association spokesman, said the de-regulation act does not allow “states or localities” to regulate “airline prices, routes or services.” He said that if the New York State bill is passed, “we will review all of our options including the right to take legal action.”

Republican state Sen. Charles Fuschillo said the bill - if signed by the governor - would take effect Jan. 1.

“ ... New York becomes the first state to stand up for passengers at the most delayed airports ever seen in the country,” said Fuschillo, chairman of the Senate Committee on Consumer Protection.

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