It was 2008 when IAPA, part of a government-appointed task force on long tarmac delays, voiced its approval of the recommendations made to protect passengers during long ground delays in the U.S. In 2011, the Department of Transportation (DOT) has now issued new regulations that adapt many of the recommendations and add a few more passenger protections.

The U.S. DOT has completed its review of public comments on proposed rules designed to enhance and protect passenger rights. Secretary Ray LaHood announced new rules to take effect 23 August 2011 that will add international flights to the tarmac delay limits now in place for domestic flights. Airlines will also be required to disclose all add-on fees to customers purchasing travel, and the cost of bumping a passenger from a flight will go up for carriers. Perhaps one of the most encouraging components of the new rules is a baggage fee refund mandate if luggage is lost.

Transportation Secretary LaHood expressed his views on the new rules: "Airline passengers have a right to be treated fairly. It's just common sense that if an airline loses your bag or you get bumped from a flight because it was oversold, you should be reimbursed. The additional passenger protections we're announcing today will help make sure air travelers are treated with the respect they deserve."

Regarding tarmac delays, an issue IAPA has actively worked to address over the past few years, the new rules impose a 4-hour tarmac delay limit for international flights before aircraft are required to return to a gate to deplane passengers. As with domestic U.S. flights currently under a 3-hour limit, food, water, working toilets and medical care must be provided during long ground delays for international flights departing the U.S.

Airlines have adjusted their operations to accommodate the rules for domestic flights and the number of long tarmac delays reported has been dramatically reduced. However, the industry is quick to note that more international flights will be cancelled in order for airlines to avoid hefty fines for violating the tarmac delay rule. This is the same argument that airlines made one year ago when the 3-hour delay limit was imposed for domestic U.S. flights. Thus far, there are no statistics that show flight cancellations have increased as warned because of the rules, but this information is difficult to corroborate. Weather plays the biggest part in operational disruptions and cancellations are common during such events, regardless of the rules in place.

As for pricing transparency, another issue that IAPA has supported, the DOT will require airlines to disclose all fees and taxes in advertising, but the agency fell short of forcing carriers to extend this disclosure to the various global reservations systems used by travel agents. Also, the DOT did not mandate that airlines include their customer service commitments in their legal pacts with passengers – a move that had been proposed in the past. However, airlines will be required to hold reservations made at least a week in advance at the quoted fare for 24 hours and must tell passengers when their flight will be delayed more than 30 minutes.

It will also cost the airlines more for bumping passengers off of flights against their will. Depending on how long a bumped passenger has to wait for his or her next flight, airlines now pay up to US$400 for causing a delay between 1 and 2 hours of the original arrival time and $800 for causing a passenger to arrive more than 2 hours later. These amounts will go up to $650 and $1330, respectively.

Airlines have long argued that the industry itself is the best expert on what to do during ground delays. Competition has been touted as the great equalizer when it comes to treating passengers fairly according to the airlines. Ray LaHood sees things slightly differently. "Competition has not taken care of these problems. We would not be addressing them if competition had done that," he says. IAPA applauds the efforts of Secretary LaHood and the DOT in treating the rights of airline passengers as a high priority.

Below are some highlights of the major rule changes as reported by the Associated Press

• Tarmac Delays: Three-hour limit for U.S. flights has been expanded to include a 4-hour limit for international flights. Airlines that break the rule face fines of up to US$27,500 per passenger. Also, food, water, working toilets and medical care must be provided after two hours.
• Bag Fees: Airlines will have to refund bag fees for customers whose luggage is lost, but not for bags delivered late.
• Oversold Flights: Compensation for passengers bumped off oversold flights has been raised to US$650 and $1,330, depending on length of delay before passenger's makeup flight. Current compensation is $400 or $800.
• Advertising: Airlines will have to prominently disclose all potential fees -- for bags, meals, reservation changes, seat upgrades, etc. -- on their websites, and include taxes and government-imposed fees in advertised fares.