Legislation Introduced in Response to United Incident

Image: PHOTO: Southwest Airlines jets. (photo via Flickr/John Murphy)
Image: PHOTO: Southwest Airlines jets. (photo via Flickr/John Murphy)
Monica Poling
by Monica Poling
Last updated: 10:05 AM ET, Thu April 27, 2017

Two new bills intended to expand airline passenger rights are making their way through the United States Senate and the House of Representatives.

Both the TICKET Act and the BOARD Fairly Act were created in direct response to an event that unfolded earlier this month in Chicago when United Airlines had a seated passenger physically removed from an aircraft in order to accommodate crew members who needed to board the flight.

In the Senate, Senators Maggie Hassan (D-NH) and Brian Schatz (D-HI) have introduced the comprehensive TICKETS (Transparency, Improvements and Compensation to Keep Every Ticketholder Safe) Act.

The proposed legislation, designed to provide "greater fairness" to passengers, would require airlines to give boarded customers the right to fly.

"The horrifying incident on United Flight 3411 made clear that we need stronger consumer protections for the flying public," said Senator Hassan. "This common-sense legislation will help prevent incidents like that from happening again and help ensure that travelers are treated with greater fairness and respect by the airline industry. I look forward to working across the aisle to improve traveling conditions for the public."

if passed, the bill would also require that the DOT remove its limit of $1,350 maximum compensation for customers who are involuntarily booked. Instead, airlines would be required to continue increasing the offered compensation until passengers(s) accept an amount.

United Airlines offered up to $800 for passengers willing to be re-booked during the early-April incident, but when there were no takers, they selected passengers to be involuntarily removed. Under the proposed legislation, United would have been required to keep increasing the amount offered until there was voluntary acceptance.

The bill also asks the Secretary of Transportation to review the airline industry's overselling practices and determine whether there should be a cap on the number of oversold tickets per flight. The new legislation also requires that flight crew members on assignment check in at least 60 minutes before departure.

Senators Hassan and Schalz were among the Senate members who asked United to provide details by April 20 of the events that unfolded on Flight 3411. United has reportedly missed that deadline.

In the House of Representatives, the BOARD Fairly (Bumping on Overbooked Airplanes Requires Dealing Fairly) Act, has been introduced by two Illinois Democrats, Congresswoman Jan Schakowsky and Congressman Raja Krishnamoorthi.

The bill asks that the Department of Transportation modify its rules on "bumping" passengers from commercial aircraft to make any involuntary bumping prohibited.

[READMORE]READ MORE: Police Report Tells Other Side of United Incident[/READMORE]

"The treatment of Dr. David Dao on United Airlines Flight 3411 demands a permanent response," said Rep. Schakowsky. "My bill says no more involuntary bumping - period. If an airline insists on overbooking, it must find the price that passengers are willing to accept in exchange for giving up their seats. My bill, the BOARD Fairly Act, will ensure that is the case. It is time for airlines to start treating their customers with respect."

Additionally, if passed, the bill would require all re-booking negotiations take place before passengers are boarded.

Both bills include a clause that passengers may still be removed from the aircraft if they pose a health or security risk.


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