Pub. L. 115-254, div. B, tit. IV, subtit. A, sec. 425 (as amended)
TICKETS ACT.
SEC. 425. TICKETS ACT.
(a) [49 U.S.C. 42301 note] Short Title.—This section may be cited as the “Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2018” or the “TICKETS Act”.
(b) Boarded Passengers.—Beginning on the date of enactment of this Act, 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.
(c) Limitations.—The prohibition pursuant to subsection (b) 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.
(d) 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 section 121.533 of title 14, Code of Federal Regulations, or limit any penalty under section 46504 of title 49, United States Code.
(e) Involuntary Denied Boarding Compensation.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule to revise part 250 of title 14, Code of Federal Regulations, to clarify that—
(1) there is not a maximum level of compensation an air carrier or foreign air carrier may pay to a passenger who is involuntarily denied boarding as the result of an oversold flight;
(2) the compensation levels set forth in that part are the minimum levels of compensation an air carrier or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold flight; and
(3) an air carrier or foreign air carrier must proactively offer to pay compensation to a passenger who is voluntarily or involuntarily denied boarding on an oversold flight, rather than waiting until the passenger requests the compensation.
(f) GAO Report on Oversales.—
(1) In general.—The Comptroller General of the United States shall review airline policies and practices related to oversales of flights.
(2) Considerations.—In conducting the review under paragraph (1), the Comptroller General shall examine—
(A) the impact on passengers as a result of an oversale, including increasing or decreasing the costs of passenger air transportation;
(B) economic and operational factors which result in oversales;
(C) whether, and if so how, the incidence of oversales varies depending on markets;
(D) potential consequences on the limiting of oversales; and
(E) best practices on how oversale policies can be communicated to passengers at airline check-in desks and airport gates.
(3) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the review under paragraph (2).
(g) Gate Notice of Policies.—The Secretary may provide guidance on how these policies should be communicated at covered air carrier check-in desks and airport gates.
- Cross-references to the US Code
- 49 U.S.C. 42301 note