WASHINGTON – On Wednesday Congressman Mike Thompson (D-CA) testified on the importance of including passenger rights provisions in the Federal Aviation Association Reauthorization Legislation for 2009.

Thompson's testimony as prepared for delivery before the House Transportation and Infrastructure’s Subcommittee on Aviation follows.

“Chairman Costello, Ranking Member Petri and Members of the Aviation subcommittee, thank you for the opportunity to provide testimony at your hearing today on the FAA Reauthorization Act of 2009.

“I come before you again regarding airline passenger rights, almost two years after my first appearance at this subcommittee on this topic, and more than ten years since Congress first examined the problem of extended tarmac delays after hundreds of passengers were stuck in planes on snowy Detroit taxiways in January 1999. It is time for Congress to act to protect the flying public.

“Americans should not be forced to sacrifice their basic rights to food, water and other necessities when they set foot on an airplane. Since 1999 and despite countless industry promises, little or no progress has been made toward ensuring that airline passengers have some basic rights during excessive ground delays.

“It took nearly a year for then-Secretary of Transportation Mary Peters’ 'Tarmac Delay Task Force' to issue a report this past November on how airlines, if so inclined and only “when practical,” might improve onboard conditions for stranded passengers.

“None of the improvements recommended in the report were mandated, and yet again relied entirely upon voluntary action by the airlines. Secretary Peters’ report did nothing to help solve the problems of excessive delays. As the New York Times editorial staff opined after its release, this report was tantamount to telling passengers to 'suck it up and sit there on America’s unfriendly tarmacs for as long as it takes.'

“The lack of voluntary action by airlines for the past ten years only underscores the absolute necessity of including the same passenger rights provisions passed as part of the FAA Reauthorization during the 110th Congress in the version you consider today.

“These provisions would finally require air carriers and airports to submit an emergency contingency plan in the event of excessive delays to the Secretary of Transportation for approval. These plans must detail of how the air carrier will provide food, drinkable water, working restroom facilities, adequate cabin ventilation, and access to medical treatment.

“I recently introduced legislation, H.R. 624, the Passenger Bill of Rights for 2009, which includes the same passenger rights provisions you consider here today as part of the FAA Reauthorization of 2009 but with one critical difference: instead of requiring deplanement after 'excessive delays,' my bill calls for deplanement after three hours.

“By not defining what 'excessive delays' actually means in the current draft, Congress is yet again leaving it to the airlines to self-regulate, an approach that has failed miserably over the past ten years. I urge the committee during the mark-up of this legislation to adopt the language included in my bill, H.R. 624, which sets forth the three hour standard along with important exceptions to be used at the discretion of the pilots.

“Mr. Chairman, after 10 years, it has finally come time to pass these basic passenger protections. Thank you for your past assistance on this issue and continued support by including these provisions in the FAA Reauthorization Act of 2009. Furthermore, if history repeats itself and this bill is passed by the House but becomes ‘excessively delayed’ on the Senate ‘tarmac,’ I respectfully request that you support my efforts to take these passenger rights provisions as a stand-alone bill to the House floor for immediate consideration.”

Thompson represents Lake County in the US House of Representatives.

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