DOT 67-07
Contact: Bill Mosley, Tel.:  (202) 366-4570
Monday, July 9, 2007

DOT Seeks Comments on Airline Bumping Rule

The U.S. Department of Transportation today asked for public comment on possible changes to the rules governing airline oversales, or “bumping,” including a possible increase in the maximum compensation due to passengers bumped from oversold flights.

The Department asked for comment on several proposals that could change the compensation totals airlines are required to provide.

The bumping rules were first adopted in 1962 to balance the rights of passengers with the needs of air carriers to minimize the effect of passengers with reservations who do not take their flight. If a flight is oversold, the airline must first seek volunteers who are willing to give up their seats in return for compensation offered by the airline. The airline may bump passengers involuntarily if not enough of them volunteer, and these passengers are eligible for cash compensation in most circumstances. The rule applies to passengers bumped from an oversold flight that departs without them, not to those affected by delayed or canceled flights.

Under the current rule, if the airline can arrange alternate transportation scheduled to arrive at the passenger’s destination within two hours of the planned arrival time of the oversold flight – or four hours on international flights -- the compensation is the amount of the fare to the passenger’s destination with a $200 maximum. If the airline cannot meet these deadlines, the amount of compensation doubles, with a $400 maximum. These payments are in addition to the value of the passenger’s ticket, which the passenger can use for alternate transportation or have refunded if not used. There are occasions when airlines are not required to pay compensation, for example, where the passenger is provided alternate transportation scheduled to arrive at the passenger’s destination within one hour of the planned arrival time of the oversold flight.

The Department asked for comment on five proposals: increasing the $200 compensation limit to $624 and the $400 limit to $1,248; increasing the compensation limits to $290 and $580, respectively; doubling the compensation limits to $400 and $800; eliminating all compensation limits and making compensation equal to the value of the ticket with the payment doubling for longer delays; or leaving the current limits in place.

The Department’s notice also asked for comment on other possible changes to the bumping rule, such as extending the rule to aircraft having 30 to 60 seats, which are not currently covered, and clarifying the criteria airlines may use in deciding the order in which passengers will be bumped.

Comments on the Department’s Advance Notice of Proposed Rulemaking are due in 60 days. The notice is available on the Internet at http://dms.dot.gov, docket OST-01-9325. Comments also will be posted at this site. Further information on the Department’s bumping rules is available at http://airconsumer.ost.dot.gov/publications/flyrights.htm#overbooking.

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