Both Delta and jetBlue have requested exemptions to the 3-hour rule about to be implemented in April for their operations at JFK airport citing the runway closure for re-construction that will be in place until July.  At first glance, this seems a reasonable request and I’m sure most would say such a condition is justified. 

 

To be honest, I thought so at first as well.  However, the more I thought about it, the more I didn’t like the idea.  This will set a precedent for other “exceptional” conditions in the future and what I don’t like about this is that this is not an unplanned or unforeseen event.  We know the runway will be closed.  There has been plenty of time to plan operations to accomodate this closure.  Both the airlines and the FAA have had plenty of time to come up with a contingency plan to deal with potential problems.  When I consider that, I really don’t think the 3 hour rule should be exempted. 

 

If this runway closure was sudden due to unforeseen circumstances, I could certainly get behind the idea of an exemption.  That isn’t the case.  Granting exemptions for planned events is unwise, precedent setting and undermines the rule itself for future events. 

 

It makes no sense to have rules and advocacy for customers if those rules can be undermined by a planned event.  If we do grant these exceptions, then I have to ask what is the sense in having a rule in the first place? 

 

Airlines might be tempted to state that they did plan for this event but the rule caught them out since much of their planning was done before the announcement.  My response would be that that planning clearly was inadequate if there is a genuine fear of running into 3 hour delays. 

 

If the FAA feels it must make some kind of accomodation, I would suggest they grant the exception only on days with weather events that impact airport operations or some similar conditions.   Set a boundary range of conditions and if the airport meets those conditions, no exception is allowed. 

 

I realize that these thoughts likely rankle many airline employees and airline fans even.  I’ve never believed the 3 hour rule is a perfect rule.  I do, however, think it is a good rule to start with and the nice part about rules is that they can be changed if they don’t work.  With the massive and constant changes that go on with carriers’ carriage contracts that are simply designed to protect the interests of the carriers only, it’s time to have some rules  that protect consumers. 

 

I recently read one article that pointed out that while a consumer can be charged an egregious amount for needing to change their travel date on a non-refundable ticket, an airline can change that flight at any time without penalty to the consumer.  This is a great example of the imbalance that exists between consumers and airline service providers.  We have finally begun to address some of those imbalances and I think that is a good thing.  I also think that by addressing some of these imbalances with rules that define a more just and fair relationship between the consumers and airlines, airfares may well go up in price a bit.  That, in and of itself, is not necessarily a bad thing either. 

 

The relationship between consumer and airline today is, frankly, one of the more dysfunctional in existence.  It resembles two spouses who hate each other and yet refuse to get a divorce or seek other options in life.  That relationship is only going to change if we actually do something and doing something shouldn’t take several years of hearings either. 

 

I would love to see a commission that addresses these issues in a timely manner similar to BRAC (Base Realignment and Closure) Commission that addresses how this nation closes and realigns military bases on an annual basis.  It’s isn’t perfect but it is bipartisan and something that we all generally can abide by. 

 

Imagine a airline industry rule making commission made up of 3 former airline executives and 3 former FAA and/or DoT administrators and one former Federal judge that address these needs and issue guidance upon reaching a simple majority consensus on a fair rule.  No consensus, no rule.  Have them meet and issuance guidance twice a year and let the rules be implemented.  It’s bipartisan, reasonable just and fair and may well have the ability to help both the airline industry as well as consumers.

Filed under: Airline Service by ajax