Like my step-dad says, “Time to spare? Go by air.” Boy was he right as tarmac delays, delays in general, poor customer service and a laundry list of other ills have prompted a proposed “Passenger Bill of Rights.” This is not the first time such an effort has been launched in an attempt to legislate what an industry is unwilling to accomplish on its own.
Apparently no industry is immune from publicity seeking politicians. Some examples:
S.3255 Student Borrower Bill of Rights Act of 2006 – sponsored by Senator Hillary Clinton, professes a “right” to low monthly bills for student loan repayment.
S.563 The Computer Owners’ Bill of Rights of 2003 — claimed (as if the federal government could even enforce this) that we have a “right” not to receive “spam” solicitations and junk e-mail.
Over the past ten years, there have been at least 25 pieces of legislation introduced in Congress that include the phrase “bill of rights” in their titles.
Throughout our history we’ve seen examples of the Law of Unintended Consequences rear its ugly head when we have attempted to regulate society or business. Prohibition was an extreme, yet classic example. The unintended result was a 40 percent increase in violent crime. We see this repeated today with the war on drugs.
Historically, regulation has proved not to be a viable long-term solution in any industry. The truth is that no matter how “airtight” the Passenger Bill of Rights is, the airlines and their powerful lobby the Air Transport Association will drill enough holes into the legislation to render it ineffective. The truth is, that such a bill is essentially nonenforceable as the government doesn’t have the resources required for enforcement. The only clear benefit is bill sponsors get a few sound bites to bolster their image as being “for the little guy.”
What would be a better, cheaper, solution, is to give the U.S. Department of Transportation a budget increase and expand its scope. This would allow them to more effectively enforce the existing rules.
The sad truth is that as long as those who fly remain silent nothing will change. When consumers begin to rise up and complain long and loud, and use all of the tools already at their disposal; including, but not limited to, small claims court, State Attorney’s General, and the U.S. Department of Transportation, and voting with their hard earned travel dollars. Only then will change begin to occur.
When we are apathetic, we get the air travel system we deserve.
