How Airline Passenger Rights May Change in 2017

A look ahead at what proposals are probably safe—and what may be at risk.

As the Obama administration leaves Washington, D.C. and power changes hands, travelers might be wondering: What’s going to happen to the dozens of airline passenger protection rules that took effect—and others that are still pending?

First, some context. During the past eight years, an unusually active team over in the Transportation Department pushed through a slew of new rules affecting air travel, starting with the three-hour tarmac delay requirement, which levied stiff punishments on airlines that held fliers in planes for hours on end. That was followed by other other policies, which allowed passengers to hold reservations for 24 hours before making final payment, increased compensation for passengers who were bumped; and a requirement for airlines to advertise prominently the full price of an airline ticket, including all taxes.

More recently, in 2016, DOT rolled out a spate of new proposals that, among other things, would require airlines to refund bag fees if a bag is significantly delayed. And just days before Donald Trump was due to take the oath of office, DOT followed up with a final blast—yet another proposal responding to consumers’ frustrations with bag fees; this one designed to force airlines to disclose at the time of booking the whole range of possible charges for bags, including differences between what’s imposed for the first and second checked bag, plus any fees that apply to carry-ons. (The DOT is accepting public comment on the proposal until March 20.)

The airlines, for their part, have made it clear in numerous filings that they’re not happy with these rules, especially when it comes to ancillary services, arguing that these are optional services and that fliers may not even know at the time of booking if they plan to check luggage or purchase a preferred seat.

So, what’s in store now that a new crew is moving in, and with Trump vowing to roll back onerous rules on businesses? While it would seem logical that the anti-regulation bent of the Trump administration doesn’t bode well for consumers, at least one airline passenger advocate says he’s “cautiously optimistic” that fliers won’t suffer any consequences.

“I think that the rules that have already been made are safe; it would likely require congressional action to get out of them,” says Charles Leocha, head of Travelers United, a non-profit organization representing travelers. He noted that the most significant changes occurred during the first four years of the Obama administration, and that policies like the tarmac rule enjoy strong support in Congress. In his opinion? “That all happened early, and that’s not going to change.” Instead, rules that took effect during the last few months are the most vulnerable, and opponents in Congress could ask for a review or simply stall action, says Leocha. (Among the issues to keep an eye on are delayed bag refunds, checked bag fees, and transparency as it relates to airline performance.)

But there’s a lot of uncertainty over what will happen under a president with virtually no government experience. Leocha says he’s hoping that will be a plus. “He understands the travel business inside and out,” he says, noting that Trump has hotels and has run an airline. (His track record on that score is decidedly mixed.)

A lot, too, may depend on the new DOT secretary. Trump’s pick, former Labor Secretary Elaine Chao, gave few details on how she might decide such issues at her recent confirmation hearing, which covered a whole range of issues, from truck safety to air traffic control. But there are signs that Congress will be closely watching. Senator Bill Nelson, a Florida Democrat, pressed Chao on the issue of airline passenger rights, saying “I hope we’ll get a commitment from you that you’ll look out for the traveling public by ensuring they have basic consumer protections.” He added, "This means making sure that airline passengers know what they are paying for up front, and that these costs are fair.” Wording to that effect is in an Federal Aviation Administration reauthorization bill that Congress is expected to take up this year, Nelson added.

Whatever happens, travelers should note that any more big changes could take years to work their way through the system: even the issue of how bag fees should be displayed by both airlines and online travel agencies is one of that has taken years to resolve—the DOT first issued guidance in 2012 and it is not finished yet. In other words? Stay tuned.