Washington, DC, United States (AHN) – The Senate passed a bill Monday night upgrading the nation’s aging radar air traffic system without providing funds for airlines to obtain such technology. Apart from the issue of funding, airlines oppose a three-hour limit to tarmac delays, part of a passenger bill of rights advocacy groups seek.
By a 93-0 vote, senators approved the FAA Air Transportation Modernization and Safety Improvement Act. The measure renews the Federal Aviation Administration’s authority and advances the government’s NextGen program by replacing ground-based radar system used by air traffic controllers with GPS technology.
The Air Transport Association of America has said it welcomes the move to modernize the aviation industry but called on Congress to recognize the need for funding.
The bill raises safety standards with $8.1 billion in funds to improve airport infrastructure. It also requires airlines to examine a pilot’s entire flight history before hiring and to implement a remedial training program for pilots who underperform.
The FAA would also have to re-evaluate its regulations relating to pilot qualifications by next year, and to make changes to flight and duty time regulations to prevent pilot fatigue.
Pilot fatigue was found to have contributed to the fatal crash of Continental Airlines Flight 3407 last year. The National Transportation Safety Board said in its final report on the accident that the captain of the aircraft operated by Colgan Air had inappropriately responded to a warning system that switches off the autopilot and alerts the pilot that the plane is about to stall.
“Colgan Air did not proactively address the pilot fatigue hazards associated with operations at a predominantly commuter base,” the NTSB reported.
Investigators had found that the first officer who co-piloted the plane had “commuted through the night” from Seattle to Newark, from where Flight 3407 departed. She sent “multiple texts” throughout the day of the crash, indicating that she may have not had adequate rest.
Families of the passengers of the flight have also been calling for raising the minimum requirements for all commercial airline pilots. The captain of Flight 3407 had failed several competency tests conducted by the FAA and then lied about these tests on his application to Colgan Air.
The Senate legislation also contains a passenger bill of rights that requires airlines to let passengers leave a plane that is delayed on the tarmac for more than three hours. Carriers will also need to provide travelers with food and water during the delay.
The Transportation Department is set to implement similar rules next month subjecting airlines to a three-hour tarmac delay limit and sanctions against deceptive practices if carriers are found to have chronically delayed flights.
The Air Transport Association of America has warned that such fines “will lead to unintended consequences – more cancelled flights and greater passenger inconvenience.”
The nation’s largest nonprofit group of airline passengers, FlyersRights.org, has been pushing hard for passage of the bill of rights. Its executive director, Kate Hanni, on Monday hailed the passage the bill, saying “The United States Senate has spoken boldly and clearly that the airlines must treat their customers fairly and with decency, or face consequences.”
Senators must now reconcile their bill with the version passed by the House last year. Both chambers then need to give their final approval to the merged bill before the legislation is signed into law at the White House.
Prospects of passing a final bill are unclear despite the unanimous approval in the Senate. Republicans oppose provisions in the measure passed by the House that make it easier for FedEx employees to form unions by putting them under the National Labor Relations Act.
The National Labor Relations Act allows workers to organize locally and collectively bargain. FedEx workers are currently covered by the Railway Labor Act, which requires employees to organize nationally.
“I will continue working with Sen. Alexander to make sure the controversial FedEx provision is not attached to the final bill produced by House and Senate conferees,” Sen. Bob Corker (R-TN) said in a statement on Monday.
Moreover, lawmakers will need to expedite their merge of the bills because the law providing funds for the FAA expires at the end of the month. The House passed its second FAA bill last week temporarily extending the law, with Rep. Jerry Costello (D-IL) remarking, “For eight months, we have been waiting on the other body to bring a bill to the floor and pass it.”
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