Another Model: Airline Passengers’ Bill Of Rights
Model State Bill
A. Responsibilities of airlines under certain circumstances Whenever
airline passengers have been involuntarily detained on the ground
aboard commercial aircraft for more than three hours prior to
takeoff or following landing, the airline shall ensure that they are
provided as needed with: (1) electric generation service to provide
temporary power for climate control and lights; (2) waste removal
service in order to service the holding tanks for on-board
restrooms; and (3) adequate food and drinking water.
No airline passenger shall be involuntarily confined on the ground
aboard a commercial aircraft at any airport within this State for
more than 3 hours prior to departure or after arrival, provided,
however, that this provision shall not apply if the pilot of such
aircraft reasonably determines that such aircraft will depart within
not more than 30 minutes next following such 3-hour delay or that
permitting a passenger to deplane would jeopardize the safety of the
passenger, other passengers or the aircraft.
B. Explanations of rights
All airlines operating within this State shall, upon request,
provide clear, written explanations of the rights of airline
passengers under this Act.
C. Enforcement The Attorney General is hereby authorized to recover
from any airline that violates this Act, a civil penalty not to
exceed one thousand dollars per passenger per violation; provided,
however, that each continuous period of involuntary detention aboard
an aircraft without complying with one or more of the requirements
of Paragraph A hereof shall be considered a single violation. Any
such penalty shall take into consideration any compensation paid or
offered by the airline to passengers. The civil penalty imposed
pursuant to this Paragraph may be sought in a civil action brought
by the Attorney General in any court of competent jurisdiction. If
the Attorney General prevails in any such civil action, the court
may award the Attorney General reasonable attorneys' fees and an
amount equal to the ordinary costs and expenses incurred by the
Attorney General in investigating and prosecuting the violation, as
it deems appropriate. If the Attorney General reaches a settlement
with any airline, such settlement shall include an amount at least
equal to the ordinary costs and expenses incurred by the Attorney
General in investigating and prosecuting the violation.
D. Relationship to Federal Law Nothing in this Act shall be
construed as requiring any airline, airport or other entity to take
any action in contravention of any Federal statute or rule or
regulation adopted by the United States Department of
Transportation, the Federal Aviation Administration or any other
Federal agency having jurisdiction over such entity.
E. Severability If any clause, sentence, paragraph, section or part
of this Act is adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation to the
clause, sentence, paragraph, section or part hereof directly
involved in the controversy in which such judgment shall have been
rendered.