Legal News

Air Passenger Rights Law Overturned

A federal appeals court has overturned New York's Airline Passenger Rights Act, holding that any such measure governing air carriers must come from the federal government. The New York state law requires airlines to provide passengers with fresh air, water, and adequate waste removal services whenever a plane's takeoff is delayed more than three hours, and passengers have already boarded the aircraft. In Tuesday's decision, the U.S. Court of Appeals for the Second Circuit declared that while the goals of the New York law were "laudable," only the federal government has the power to enact such legislation. According to the Associated Press, New York's Air Passenger Rights Act was passed after a number of JetBlue flights were grounded for up to 10 hours on the tarmac at New York's JFK in February 2007, leaving passengers without food or water, and causing lavatory toilets to overflow.

• Read the Court's Decision [PDF file] (FindLaw)
• New York Airline Passenger Rights Act (N.Y. State Assembly)
• Appeals Court Rejects New York Airline Law (Associated Press)
• First Passenger Rights Law Is Dead - Or Is It? (MSNBC.com)
• Air Travel FAQ (FindLaw)

Full post as published by FindLaw's Common Law on March 26, 2008 (boomark / email).