Gianaris Gives N.Y. Airline Passengers 'Bill Of Rights'
BY JOHN TOSCANO

The first "Airline Passengers Bill Of Rights," sponsored by Assemblymember Michael Gianaris, was signed into law last week by Governor Eliot Spitzer.

Sparked by a series of horror stories about major delays, the new law will require airlines to provide stranded passengers at New York airports with critical supplies to make the delay more tolerable.

It also creates an airline Consumer Advocate office to receive and investigate complaints.

Applauding the governor's action, Gianaris (D- Astoria) stated: "It's time the airline industry began treating the passengers like human beings. If the airlines will not provide basic necessities to their passengers voluntarily, then New York must be the leader in efforts to require such assistance.

"Today [New York] becomes the first state to stand up for passengers at the most delayed airports in our country."

The law takes effect next January 1 and requires air carriers serving passengers in New York state to provide the following whenever passengers have left the gate and are delayed on the tarmac for more than three hours:

•Electric generator service to provide fresh air and lights.

•Waste removal service for holding tanks for onboard restrooms

•Drinking water, snacks and other refreshments.

In addition, all carriers will be required to clearly and conspicuously post or provide forms, including an explanation of rights, consumer complaint information and contact numbers and addresses for air travel service problems.

The Office of Airline Consumer Advocate within the New York state Consumer Protection Board will refer violations of the new law to the New York state attorney general who can seek a civil penalty of up to $1,000 per passenger per

violation by an airline.

"The suffering [of] passengers who paid hundreds of dollars for their tickets is completely unacceptable," Gianaris declared. "This law will be the first of its kind to establish much-needed guidelines of respect for New York's airline consumers."

Gianaris explained that although federal law places restrictions on what individual states can do regarding air travel regulations, federal courts have held that the provision of amenities for air travelers, like those in the new law, is one area that states can legitimately address.

Among the well publicized airline delays that prompted the Gianaris law was one at John F. Kennedy International Airport that delayed passengers for some 10 hours during a snow storm last Valentine's Day. During the delay, angry passengers were not offered water, food, clean restrooms or ventilated air, Gianaris said.