2nd Circuit Court of Appeals Rejects Passenger Bill of Rights
Remind me to bring my own food, water, urine bag and diapers when I next travel.
Quote:
From Associated Press:
NEW YORK - A federal appeals court has rejected a law requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.
The 2nd U.S. Circuit Court of Appeals ruled Tuesday that New York's new state law interferes with federal law governing the price, route or service of an air carrier. It was the first law in the nation of its kind.
The appeals court said the new law was laudable but only the federal government has the authority to enact such a regulation.
The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.
Gee...now I'll have to bring my own food, water and make my own toilet arrangements whenever I take a cab, bus or car! Wait a minute-I have to do that now...
You can thank the airline deregulation act of 1978 for the current ruling. Because the Federal govt deregulated the airlines, states cannot impose more stringent regulations on something that has been, with the few exceptions listed, federally deregulated.
What could happen now is that New York's proposed passenger bill of rights law will be forwarded (if it hasn't been already) to Speaker of the house Sen Nancy Pelosi's inbox. If she wants to sponsor it to push it into Federal Law, she can. Not sure if enough will get on board as it is a step toward 're-regulating' the airlines.
You guys are funny. Of course I always bring my own adult diaper. Mine is the NASA kind that is super duper absorbent. And I even wear it before I board causing people to think I have a large butt!
If I were New York, I would appeal it to the Supreme Court. Several other states have similar laws and they will all be appealed. One of them will make it to the highest court in the land.
I am interested to hear from our Cargo Studs. They have an opinion about everything else on God's green earth, why not this topic, too? Where are you Tony? I think the MEC will let you voice your opinion on this one.
You can thank the airline deregulation act of 1978 for the current ruling. Because the Federal govt deregulated the airlines, states cannot impose more stringent regulations on something that has been, with the few exceptions listed, federally deregulated.
What could happen now is that New York's proposed passenger bill of rights law will be forwarded (if it hasn't been already) to Speaker of the house Sen Nancy Pelosi's inbox. If she wants to sponsor it to push it into Federal Law, she can. Not sure if enough will get on board as it is a step toward 're-regulating' the airlines.
a) You get an F in civics, the Speaker of the House is not a senator.
b) She already tried that
As a lawyer, I'd think that you would know that this is a federal issue as provided by the Commerce Clause of the US Constitution.
One of the few areas that federal law supersedes state law is that of regulating interstate commerce....which is what we have here.
It is a good thing.....can you imagine how impossible it would be to fly if we had to follow every stupid aviation law passed by some two-bit city council or county commission?
A passenger's bill of rights, if one were to be passed, must be a federal law...and the Supreme Court will certainly rule as such....even with the current set of justices.
I think the whole point of this law WAS to pressure the Feds into stepping up. NY knew that they had no chance of being upheld, but this keeps the issue in the public eye and will put pressure on Congress to get involved.
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2nd Circuit Court of Appeals Rejects Passenger Bill of Rights
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