Should Airlines be Prohibited From Forcibly Removing a Passenger From an Overbooked Flight? (S. 1733)

What is S. 1733?

(Updated December 3, 2019)

This bill — known as the Customers Not Cargo Act — would direct the Dept. of Transportation (DOT) to revise regulations to prohibit an air carrier from forcibly removing a passenger from an aircraft after boarding because the flight was oversold or to provide a seat to an employee of the air carrier. The DOT would also establish standards of escalating incentives to passengers to encourage voluntary rebooking, and require air carriers to resolve issues related to overselling a flight prior to booking.

There would be two exceptions to the regulations put in place by this bill: if there’s a medical emergency or a circumstance that poses a threat to the safety of the plane.

Argument in favor

Airlines shouldn’t be able to forcibly remove passengers from a flight they’re aboard the plane because the airline sold too many tickets or has employees who want to fly.

Argument opposed

If no passengers wish to accept the incentives offered by an airline to deplane from an overbooked flight, the airline should have the right to physically remove them.

Impact

Air carriers and their passengers; and the DOT.

Cost of S. 1733

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Chris Van Hollen (D-MD) introduced this bill to prohibit airlines from forcibly removing passengers after they have already boarded the plane due to overbooking or airline staff seeking to fly as passengers:

“We were all shocked and outraged… when United Airlines forcibly and brutally removed Dr. David Dao from Flight 3411… we should act immediately to ensure that airlines cannot force passengers who have already boarded to leave the plane in order to free up seats for others. Instead, they must provide sufficient incentives to encourage passengers to voluntarily deplane.”

This legislation has the support of two cosponsors in the Senate, both of whom are Democrats..

Media:

• Sponsoring Sen. Chris Van Hollen (D-MD) Press Release
  
• Baltimore Sun
  
• CNBC
  
• The Hill