UK needs organisation to monitor airline performance
By Darren Cronian on Wednesday, April 14th, 2010

I assume the EU commission monitors airlines to make sure that they are adhering to EU legislations but I am not convinced that this is enough. I am sure airlines look and find loopholes in these rules and I cannot find anywhere an independent UK organisation that has the authority to fine airlines.

UK needs organisation to monitor airline performance

Airlines find ways through loopholes

Passengers are entitled to compensation when a flight is cancelled or delayed under rule EU 261/2004. There are a number of factors to take into consideration but EU legislation says that airlines have to pay compensation if the passenger meets the criteria.

Some airlines are blaming cancellations on ‘technical faults’ because this exempts them from paying compensation.

Very few claims receive compensation

The Air Transport Users Council (AUC) is UK consumer council for air travellers. They help passengers with complaints on air travel. They dealt with 12,307 complaints from passengers in 2008-09, up 11% on the previous year. A third of the complaints involved flight cancellation, which amazingly only 128 complainants received any compensation.

An independent organisation to fine airlines

While it is good that the AUC helps consumers with their air travel complaints it concerns me that no one is monitoring the performance of airlines within the UK and investigating air travel complaints and fine the airline. I am thinking of airline issues like cancellations, big delays, and not meeting disability and health/safety legislations.

Equivalent of the FAA needed

In the US they have the Federal Aviation Authority which has heavily fined airlines in the past. The FAA are part of the Department of Transport, but while they are a government department they seem to be quite active in making sure that air travel is safe and well organised.

So why hasn’t the UK got a similar organisation. Before writing this post I searched high and low but I could not find any records of airlines being fined in the last five to ten years so it’s frustrating that airlines are not being monitored for bad performance or not adhering to legislation.


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12 responses to “UK needs organisation to monitor airline performance”

Mosh | 14 April, 2010 at 10:10 am

The EU body is worthless, even though it does exist. It should cover all air journeys originating at EU airports, but in reality all it does is shove some rules up and then fail to enforce them. My worst example was a 13-hour delay – overnight – in Rome. The airline involved provided us with a free meal and a drink of water at 5am. With the length of delay, under EU rules, we should have had hotel accommodation and transport there and back.

I complained to the airline and received no reply. So I contacted the EU commission who responded promptly. They told me to contact the airline.

What’s the point?

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Nick | 14 April, 2010 at 10:37 am

Darren

Your right on the points mentioned. We have the CAA (which the AUC is part of) but they only fine airlines for certain things (mainly to do with safety which is tougher here than under FAA).

British Airlines do get fined for some things, take Virgin and BA price fixing for example where BA has been fined £121 million

All that it needs is for the CAA to be given a full set of teeth, until then you will have the Bark but no bite.

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Darren Cronian | 14 April, 2010 at 5:00 pm

@ Mosh

That sounds like the scenario that made me write this post. Consumer complains to airline, gets nothing, goes to EU, they say contact airline. Airline says contact AUC, they assist but do not want to fight the airline.

@ Nick

Is there an organisation then that manages the performance of the airlines? I know the BAA provide stats on flights and delays, but that’s just for their owned airlines. Seems airlines have the opportunity to do what they want.

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Thomas Power | 14 April, 2010 at 5:14 pm

This is a big bugbear of mine – and we’re a tour operator so on the ‘inside’. I have contacted the AUC on behalf of clients in the past. They are pleasant but not actually terribly much use – as you say Darren, no teeth.

I agree that we need something along the lines of Ofcom to keep airlines in order. You ever tried getting a PAC code from a telecoms provider? Like pulling teeth. Mention Ofcom regulations and you’ll have your PAC code in seconds. Telecoms firms are geniunely scared of Ofcom. Airlines desperately need that same level of supervision.

We have had two out and out cases of clients being bumped, sorry, ‘involuntarily offloaded’, from flights. Airline’s duty to pay compensation is clear as day. And yet, in both cases, we have had to do small claims courts in order to get the clients their money.

In one case it had to go all the way to bailiffs. Sending bailiffs into an airline! We were talking about £1,500!

So, Darren, your post is bang on the money. Until/unless something is actually done, know your rights (EU regs cover air travellers’ rights now) and use the online small claims procedure to get your money – it takes time because airlines will usually ignore the claim – but default rulings go in your favour so patience will be rewarded.

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Jenny | 14 April, 2010 at 10:04 pm

I worked for a UK airline, temporarily, and we were often told to blame cancellations and delays on technical flights because the management knew that the airline would not have to pay out any compensation despite making millions of pounds profit every year.

Thomas is right, what you need is an OFCOM who see over airlines.

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Darren Cronian | 15 April, 2010 at 12:59 am

Thomas thanks for commenting. It is always good to hear from another perspective.

The reason I wrote this post is because I’m seeing an increase in consumers who are being passed back and forwards between airline, AUC, EU. One consumer said that he has proof that their flight was cancelled because their airplane was used on another flight because that plane had a technical fault, so, they blamed the fault on that cancellation and the huge delay for the other flight on a technical issue.

It just seems where they can they will duck out of paying compensation.

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TGT | 17 April, 2010 at 9:59 pm

In the first instance any claim must be made to the airline involved.

AUC (Air Transport Users Council) is responsible for enforcing EU 261/2004 in UK. However there are also many websites/companies which will take airlines to court to recover compensation & costs of care on a set fee or contingency basis.

If the relevant flight includes another EU country you can also try claiming through that country’s regulator. Some countries seem to be taking a harder line on airline excuses than other countries.

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Akila | 23 April, 2010 at 6:08 pm

Darren, this question is only semi-related to this post but . . . yesterday I heard that several of the NYC airports are complaining about the FAA and TSA rule that passengers can’t be on planes for more than 3 hours when the plane is standing still. The NY airports claim that because the airports are undergoing construction this is going to result in increased flight cancellations in NYC and across the US and more delays. Frankly, it sounds like a load of b.s. to me but I was curious what you thought since you monitor this more closely than me.

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Darren Cronian | 24 April, 2010 at 12:48 am

@ Akila

I’ll be honest, I am in the UK, so not familiar with US rules from the FAA/TSA, BUT, I think to expect anyone to stay couped up inside a cabin when the plane hasn’t taken off is ludicrous, so I think this rule is right – and why get passengers on board a plane when there’s potential of delays, surely passengers should only board when the service is ready to take off?

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Thomas Power | 26 April, 2010 at 9:29 am

@ Akila I agree with Darren. This sounds like a human rights issue because airlines don’t appear to be able to put on air conditioning when they are standing at the gate. They also don’t put out food/drink to economy class presumably because they are running on precise provisioning so can’t give out the food/drink for the flight before takeoff.

NYC in summer, 3 hours in a crowded tin can with no A/C and no food or water would be thoroughly unpleasant. Any more would be an invitation to riot – I believe I have heard of situations where passengers have forced crew to open the doors and let them off. Quite right too.

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Davide Catto | 14 July, 2010 at 2:27 pm

I have had a similar problem….flight cancelled and I am being refused compensation because of “technical issues”. However, I am now reading on the internet that from 2008 technical faults are no longer considered extraordinary issues, therefore we should be entitled to compensation.

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