Bill would create "airplane passenger’s bill of rights"

Airline passengers who feel helpless when they get stuck on a parked airplane could soon get a helping hand.

New legislation would require airlines to provide passengers with “a few basic services” if they got stuck on the tarmac at Washington state airports for more than three hours.

“Right now airline passengers have no rights,” said Sen. Ken Jacobsen, D-Seattle. “I suspect that I’m not the only American who doesn’t like the way they’re generally treated by airlines.”

Jacobsen has patterned his airplane passenger bill of rights legislation after a similar law in New York state. That law has withstood legal challenges suggesting that it’s unconstitutional for a state to pass laws regulating an industry that’s typically governed by the federal government.

The bill aims to set limits on airlines if their plane is parked at an airport for longer than three hours, including ensuring that passengers have fresh air, lights, adequate medical attention, food and drinking water.

Refunds valued at 150 percent of the ticket price would be required if a delay lasts more than 12 hours. Also, the process for filing a complaint should be easy to follow and accessible. Lastly, airlines would be required to publish and update monthly on their Web sites the particular flights that are delayed by 30 minutes or more 40 percent of the time.

The legislation also would create an advocate within the state Attorney General’s Office where passengers could go to file complaints. That office would help passengers resolve complaints and would have power to levy on airlines a civil penalty of up to $1,000 per passenger on each incident.

Supporters and opponents of Jacobsen’s legislation are scheduled to testify on the bill at a hearing in the Senate Consumer Protection and Housing Committee today in Olympia.

Alaska Airlines officials are among those expected to testify at the hearing today.

“Although Alaska Airlines believes this bill is well intentioned, we also feel it’s not needed,” said Paul McElroy, a spokesman for Seattle-based Alaska Airlines.

He said airlines self-regulate.

“The safety and comfort of our passengers is paramount for us,” he said. “At 90 minutes, we will begin servicing the lavatories and making sure people have adequate supply of water.”

He said it’s the role of the federal government to regulate the airline industry. Having to follow rules in different states would be inefficient and make the airlines noncompetitive.

A spokesman for Seattle-­Tacoma International Airport said there may not be the same need for legislation in Washington state as on the East Coast, where airplanes routinely wait 45 minutes or longer before departing because airports are so overcrowded there.

At East Coast airports, “you’re waiting in line on the taxiways,” said Perry Cooper, a spokesman for the airport. “At Sea-Tac we don’t run into a problem — it may take you 15 minutes to go from the gate to get out to your takeoff spot. We just are not comparable.”

Sen. Mary Margaret Haugen, D-Camano Island, said she’s inclined to support Jacobsen’s legislation. A member of the Senate Consumer Protection and Housing Committee, Haugen is looking forward to today’s testimony.

“I think anybody who has experienced a long day (on an airplane) firsthand knows it’s a very bad experience,” she said. “I am supportive. We need to hear both sides of the issue.”