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View Full Version : MSNBC story about New York passenger rights law


chriselliott
03-25-2008, 12:48 PM
I'm working on a story (deadline imminent) about the federal appeals court decision to throw out NY's passenger rights law.

If anyone has any thoughts or comments on that, please email me directly at [email protected]

AaronK
03-25-2008, 01:11 PM
Two words: It sucks.

If Spitzer were still around, I'm sure he would appeal.

Kairho
03-25-2008, 01:38 PM
The appeals court is absolutely correct, both legally and practically. There would be chaos if companies such as airlines (railroads, trucking, etc.) had to comply with 50 different laws. One country ... one law (at least for transportation).

AaronK
03-25-2008, 01:42 PM
Kairho, what if the airport owner were to insist on it as a condition of being permitted to land there?
ie: The Port Authority of NY and NJ (which includes LGA, JFK, and EWR) requires that the airlines that land there follow rules regarding passenger treatment?

chriselliott
03-25-2008, 02:45 PM
Filed the story, will post a link soon!

the dark knight
03-25-2008, 03:19 PM
Aaron,
As much as I agree with your sentiment and the New York law that was struck down, Kairho is right. That law would be fine for transportation operations that work exclusively in New York state. But Federal law does have to override state law in a situation like this, involving transportation vendors that operate over state lines and across international boundaries.
(50) Individual state laws would surely have different "wrinkles" in them from state to state, which would make it nearly impossible for a airline to stay in compliance with such going from state to state. Now, as far as individual negotiation between the airport(s) in question and the carrier itself, if the airport authority started requiring that "bill of rights" privately as a condition of using their airport, and the carrier doesn't agree to it...then the airport could not allow the airline to lease gates there. That is another....private matter.
Since the current federal government is not doing much to adopt a passenger bill of rights to be "the law of the land", once again, travelers are given the proverbial finger by our elected leaders and the airlines and other travel providers get (another) free pass...to do nothing to protect travelers.

Just my take on it...please correct me if I am incorrect in my interpretation.

Kairho
03-25-2008, 03:46 PM
Kairho, what if the airport owner were to insist on it as a condition of being permitted to land there?
ie: The Port Authority of NY and NJ (which includes LGA, JFK, and EWR) requires that the airlines that land there follow rules regarding passenger treatment?
First, I do not believe that the PANY, and similar, are able to determine which airlines can and cannot use the airport as the airlines are common carriers. They can place limitations for all airlines, such as curfews.

Further, the airport operators only have authority over landside operations/rules and not over aircraft movements. So although they can boss around the airline clubrooms, they cannot tell the airlines what to do. That is a federal prerogative.

chriselliott
03-25-2008, 05:12 PM
Here is is: http://www.msnbc.msn.com/id/23798028/