The Montreal Convention and Passenger Bill of Rights

In this article (Paragraph No. 33,041), during 2007, a series of highly publicized weather-related delays at New York’s JFK International Airport prompted the New York state legislature to enacted the “Consumer Bill of Rights Regarding Airline Passengers,” requiring air carriers to provide fresh air and water, food, and working restrooms during lengthy tarmac delays. Although many other states followed suit, a federal appeals court struck down the New York law, concluding that it was expressly preempted by the Airline Deregulation Act of 1978. Following the court’s ruling, U.S. Senators Barbara Boxer (D-Cal.) and Olympia Snowe (R-Me.) urged their fellow lawmakers to bring a federal airline bill of rights measure to the Senate floor. However, to the extent the law’s scope would include international flights, preemption may once again bar the path of effective regulation. According to the authors, claims arising under local law, including federal law, which purport to regulate international air transportation, may be subject to preemption by the Montreal Convention, the authors assert. The authors also argue that any claims for damages arising from the delay of a passenger during international carriage, whether state or federal, would be preempted and governed exclusively by the Montreal Convention. Following a detailed discussion of the Convention, its applicability, and its potential impact on actions brought under “passenger bill of rights” legislation, the authors conclude that an international solution may be the only effective measure to address the issued of passenger delays on international flights.