The Biden administration asked U.S. lawmakers on Monday to pass legislation prohibiting airlines from charging family seating fees if adjacent seats are available at the time of booking.
USDOT Secretary Pete Buttigieg wrote lawmakers and sent them draft legislation that would prohibit airlines from charging an accompanying adult to sit next to children 13 and under if certain conditions are met.
Buttigieg wrote that the USDOT “remains concerned that airlines’ policies do not guarantee adjacent seats for young children traveling with a family member, and that airlines do not guarantee adjacent seating at no extra cost.”
The draft proposal, which Reuters reviewed, would apply to families traveling on the same reservation and in the same class of service and would make requirements effective 180 days after passage, subjecting airlines that fail to comply to potential fines.
If adjacent seats were unavailable under certain conditions, the bill would require airlines to offer refunds or seats on another flight.
American Airlines (AAL.O), Alaska Airlines (ALK.N), and Frontier Airlines (ULCC.O) agreed last week to guarantee in customer service plans that they will not charge family seating fees if certain conditions are met. The US Department of Transportation unveiled a government dashboard highlighting airline commitments.
Southwest Airlines (LUV.N) CEO Bob Jordan stated last week that the airline is in talks with the USDOT about the family seating dashboard. Southwest’s open seating policy allows parents traveling with children aged six and under to board ahead of some other passengers.
Jordan believes that the percentage of times families are unable to find seats together on Southwest is “much, much lower” than on other airlines.
Airlines for America, which represents large US airlines, claims that its carriers do not charge for family seating, but that most do not include commitments in their customer service plans. Carriers who fail to meet written commitments may face USDOT enforcement action.
The USDOT has begun drafting regulations to eliminate all family seating fees, but finalization could take years.
President Joe Biden urged airlines to take the action in February, saying, “Baggage fees are bad enough – airlines can’t treat your child like baggage.”