DOT Announces Enhanced Protections for Air Travelers, Actions to Promote Airline Competition

Oct. 19, 2016
The DOT will require refunds for delayed baggage, expand he number of carriers required to report data, require reporting of data on flights operated by code-share partners, and provide consumers with a clearer picture of baggage delivery

If you’ve followed DOT’s Fast Lane blog over the last few years, you know that the Obama Administration believes that airline passengers deserve to have access to clear and complete information about the airlines they choose to fly, and to expect fair and reasonable treatment when they fly.

That’s why today, I’m pleased to announce that DOT is taking a number of actions to enhance protections for air travelers and promote competition in the airline industry.

These actions are a result of the Department’s continued commitment to ensuring that passengers are treated fairly by the airline industry, as well as an executive order issued by President Obama directing federal agencies to identify specific actions to relieve undue burdens on competition and better inform consumers.

The actions we’re taking today and in the coming months will expand aviation consumer protections we have previously enacted, and will enable passengers to make well-informed decisions when arranging travel, ensure that airlines treat consumers fairly, and give consumers a voice in how airlines are regulated.

The Department will take action in the following areas:

• Requiring Refunds for Delayed Baggage:  Today, DOT issued an Advance Notice of Proposed Rulemaking, which will ultimately result in a requirement that airlines refund consumers’ baggage fees when their luggage is substantially delayed.  DOT has previously taken steps to require airlines to reimburse bag fees when bags are lost.

• Expanding the Number of Carriers Required to Report Data:  The pool of U.S. carriers required to report information to the Department about their on-time performance, oversales, and mishandled baggage rates will increase.  The current one percent of domestic scheduled passenger revenue threshold for reporting data to the Department will be lowered to include any carrier that accounts for at least 0.5 percent of domestic scheduled passenger revenue.  This change will apply to flights that occur on or after January 1, 2018.  The data will be included in the Department’s publicly available monthly Air Travel Consumer Report.

• Requiring the Reporting of Data on Flights Operated by Code-Share Partners:  U.S. airlines will have to report data for flights operated by their domestic code-share partners (i.e., flights by generally smaller, regional airlines that are sold under the brand of the larger airline) in order to make their airline performance reports more complete.  The data will be included in the Department’s publicly available monthly Air Travel Consumer Report.

• Providing Consumers with a Clearer Picture of Baggage Delivery:  Airlines will have to report to DOT their total number of mishandled bags and total number of checked bags.  Previously, they were only required to report the number of mishandled baggage reports, which were compared to the overall number of travelers.  This measure better informs passengers of the likelihood that their baggage will be mishandled rather than receiving their checked baggage in good condition in an acceptable and timely manner.

• Prohibiting Undisclosed Bias by Airlines and Online Ticket Agents:  Airlines and online travel sites that display and sell airline tickets are prohibited from biasing on behalf of certain airlines how they present available flights for purchase without disclosing this bias.

• Protecting Air Travelers with Disabilities:  The largest U.S. airlines will be required to report on how often they mishandle wheelchairs.

• Giving Consumers a Voice:  Today, DOT is announcing the extension of its Advisory Committee for Aviation Consumer Protection to help build on the Department’s and Administration’s already strong record of protecting air travelers.

You can read more about additional actions that the Department is taking to protect consumers today and in the coming months.

Today’s announcement builds on the Obama Administration’s fair and vigorous enforcement of existing rules while developing new ones based on changes within the airline industry. 

The Department’s two previous comprehensive consumer protection rules, issued in 2009 and 2011, have led to better, more fair treatment for the traveling public. These significant achievements include nearly eliminating tarmac delays over three hours, increasing passenger compensation for being involuntarily bumped from oversold flights, and requiring airlines and ticket agents to disclose the total ticket price – incorporating all mandatory fees and taxes – to the consumer.

Today’s actions are a win for consumers across the country, and we will continue to work with the airline industry to encourage competition and ensure that consumers are treated fairly.

Secretary of Transportation Anthony Foxx