Passenger rights debate on glide path to Congress

— -- You may not have read much about airline passenger rights recently, but there's little doubt the topic will be garnering more attention. Despite its busy legislative calendar, Congress may soon end years of debate by making an Airline Passenger Bill of Rights into law.

Last week I was among a group of proponents and opponents of such legislation who gathered for a Passenger Rights Stakeholder Hearing in the Rayburn House Office Building in Washington. The event, which was sponsored by FlyersRights.org and the Business Travel Coalition (BTC), had an air of certainty about it—for many, such a law is now all but certain since being approved as a provision in the latest Federal Aviation Administration reauthorization bill. Three out of five members on the expert witness panel stated they thought some form of passenger rights legislation is now inevitable.

Testimony unplugged

It was a dynamic morning, highlighted by testimony from passengers who suffered through abysmal treatment by airlines during irregular flight operations in recent years. This included Kate Hanni, the executive director of FlyersRights.org, who has become the face of this movement. The airline industry's primary trade organization, the Air Transport Association of America, was invited but choose not to participate. However, cautionary words about the unintended consequences of legislating airline service were heard from industry and academic critics.

The keynote address was delivered by Sen. Barbara Boxer (D-Calif.), who declared the battle for Passenger Rights won, and asserted the bill would soon become law: "It will happen." We were even entertained by Dave Carroll and his band, who offered an unplugged version of United Breaks Guitars, the mishandled baggage anthem that has generated 5.6 million views on YouTube.

I participated in the hearing on behalf of Consumers Union, the non-profit publisher of Consumer Reports, which has supported passenger rights legislation for a decade, and spoke about how in my view airline outsourcing has hurt the industry's ability to properly provide adequate passenger service. After all, it was way back in 1999 that 14 U.S. carriers signed the Customer Service Commitment, a pledge to improve the passenger experience. Even the most ardent opponents of regulation would have to acknowledge those promises were never fulfilled and airline service has declined. And declined.