A U.S. appeals court ordered the Federal Aviation Administration to respond to a consumer petition aimed at limiting airlines’ ability to reduce seat sizes.
Consumer advocacy group Flyers Rights filed a petition with the FAA in 2015 raising concerns that the combination of overweight passengers and smaller seats could pose a safety hazard in the event of an emergency. The Court of Appeals for the District of Columbia agreed, saying the FDA needs to adequately address the petition. The ruling comes as the airline industry continues to be buffeted by concerns about its treatment of customers and its high-profile, flight-related complaints.
The petition noted between 1960 and 2002, the weight of an average American male increased 25 pounds to 191 pounds, while the average American female weight rose 24 pounds to 164 pounds. The average airline seat pitch decreased from 35 inches to 31 inches.
The FAA initially rejected the petition based on undisclosed tests using unknown parameters, as the agency cited tests that did not appropriately address seating space were omitted from the record. In response, the FAA was studying the ruling carefully and any potential actions would be taken to address the court’s findings.
While the ruling doesn’t compel the agency to set new standards for seating, the agency could reject the petition again and simply provide better justification to support its ruling. The decision is described as groundbreaking by aviation attorney Arthur Wolk.
“This is the first case I have seen where an organization has successfully challenged the FAA’s basically being asleep at the switch and not fulfilling its safety responsibilities adequately,” said Wolk.
Flyers Rights also argued the lack of space posed health concerns for passengers and the court ruled the FAA responded appropriately to health concerns by saying it would continue to monitor the effects of seat spacing.
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