(a) Boarded passengers. A covered air carrier may not deny a revenue passenger traveling on a confirmed reservation permission to board, or involuntarily remove that passenger from the aircraft, once a revenue passenger has:
(1) Checked in for the flight prior to the check-in deadline; and
(2) Had their ticket or boarding pass collected or electronically scanned and accepted by the gate agent.
(b) Limitations. The prohibition pursuant to paragraph (a) of this section shall not apply when:
(1) There is a safety, security, or health risk with respect to that revenue passenger or there is a safety or security issue requiring removal of a revenue passenger; or
(2) The revenue passenger is engaging in behavior that is obscene, disruptive, or otherwise unlawful.
(c) Rule of construction. Nothing in this section may be construed to limit or otherwise affect the responsibility or authority of a pilot in command of an aircraft under 14 CFR 121.533, or limit any penalty under section 46504 of title 49, United States Code.
[Doc. No. DOT-OST-2020-0251, 86 FR 2538, Jan. 13, 2021]
Notes of Decisions
Edna Christensen v. Nw. Airlines, Inc., 633 F.2d 529 (9th Cir. 1980).
· cites it 2× “” 2 Thus, we construe acceptance of alternative air transportation as equivalent to acceptance of denied boarding compensation, thus bringing into operation the liquidated damages bar of 14 C.F.R. § 250.7 . Appellant’s remaining tort claim based on the assertedly rude and…”
Roman v. Delta Air Lines, Inc., 441 F. Supp. 1160 (N.D. Ill. 1977).
· cites it 2× “14 C.F.R. § 250.7 And the carrier is further required to tender to a passenger eligible for denied boarding compensation, on the day and place the denied boarding occurs, a draft for the appropriate amount of compensation provided in 250.”
Wilensky v. Olympic Airways, S. A., 73 F.R.D. 473 (E.D. Pa. 1977).
“Acceptance by the passenger of the denied boarding compensation constitutes liquidated damages for all damages incurred by the passenger as a result of the carrier’s failure to provide the passenger with reserved space.”
Gary Wasserman v. Trans World Airlines, Inc., a New York Corp., 632 F.2d 69 (8th Cir. 1980).
· cites it 2× “The court interpreted the applicable regulations 4 as precluding recovery where alternative transportation has been accepted: 14 C.F.R. § 250.7 provides that tender of denied boarding compensation, if accepted by the passenger, shall constitute liquidated damages for all damages…”
Christensen v. Nw. Airlines, Inc., 455 F. Supp. 492 (D. Haw. 1978).
“14 C.F.R. § 250.7 provides that tender of denied boarding compensation, if accepted by the passenger, shall constitute liquidated damages for all damages incurred by the passenger as a result of his being bumped.”
Wasserman v. Trans World Airlines, Inc., 486 F. Supp. 194 (W.D. Mo. 1980).
“The question presented is whether 14 C.F.R. § 250.7 (1976) bars plaintiff’s right to recover under either plaintiff’s federal claim as alleged in Count I or his State claim as alleged in Count II.”
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