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CAA powers under Atol regulations could be expanded

The government is considering expanding the range of enforcement powers available to the Civil Aviation Authority under the Atol regulations.

The proposal forms part of a detailed aviation strategy published yesterday by the Department for Transport which is open for public consultation until April.

It says the existing sanctions available to the aviation regulator can be “disproportionately severe” for the majority of non-compliance issues.

“This can lead to a lack of a credible threat of intervention by the CAA and can make it difficult for it to tackle breaches when they are identified.

“They also fail to provide an adequate deterrent to stop poor practice arising in the first place.”

The future of aviation consultation document adds that “a broader range of civil sanctions could prove fairer to compliant Atol holders, and may provide a more stable travel market, which in turn could feed into the government’s wider aim of taking a more market-based approach to consumer protection”.

It adds that the Atol scheme provides important protection for holidaymakers booking flight-inclusive holidays, ensuring they are refunded or repatriated if their travel provider collapses.

“But this consumer protection does not reflect the growing proportion of purchases that are not covered by the Atol scheme, such as most flight-only bookings.”

Further action is expected after the government considers the recommendations of an airline insolvency review due to be published by next spring following the collapse of Monarch Airlines in October 2017, resulting in 750,000 customers losing their advance bookings and the repatriation of 110,000 stranded passengers.

The strategy also says that more could be done to improve the experience for passengers, particularly when things go wrong.

“There is evidence to show that their experience when unplanned situations occur, such as flight delays or airline insolvency, could be improved.

“While passenger numbers continue to grow, there remain barriers for people with additional needs, such as disabilities, reduced mobility and those suffering from allergies. These can mean that they are less likely to choose to fly or find the experience more difficult when they do.”

The 200-page publication, which outlines aviation policy for the next 30 years, adds that the government wants consumers to be able to access “accurate, reliable journey information that is easy to understand and available when consumers need it”.

“If passengers have the right information, in the right format and at the right time, this can help them make the best possible choices and can respond to unforeseen circumstances such as delay,” it says.

“The CAA’s report on airline seating policies found that price partitioning, where elements such as allocated seating or priority boarding can be charged as separate add-ons to the basic ticket, may have benefits for some consumers who prefer to pay less for their ticket.

“However, this issue will also be looked at by the new Centre for Data Ethics and Innovation.

“Many companies are already responding innovatively to passenger preferences by providing additional information at different stages of the booking process and journey. These are well received by users and help to improve the consumer experience.

“The government wants to challenge industry to continue to enhance consumer information and ensure that innovation in this area continues to grow, while also ensuring that resilience is built into the latest technologies as consumers’ and industry’s dependency on them grows.”

On the issue of drunken and disruptive passengers, the strategy proposes encouraging “best practice” by airports and airlines.

It suggests introducing of tamper-proof bags for duty free purchases to avoid excessive drinking on flights and awareness raising campaigns to heighten passengers’ awareness of the penalties.

Any measures should be adopted in response to findings from a call for evidence on airside alcohol licensing.

Aviation minister Liz Sugg said: “Our aviation sector is world-leading and the Aviation 2050 strategy will promote success in the coming decades.

“Our ambition is to expand our international connections, boost trade and investment and strengthening domestic links to support businesses and travelling passengers.

“By working with industry we will drive sustainable growth, ensuring the next generation will continue to benefit from the growing number of opportunities this exciting and innovative sector offers.”

Meanwhile, the CAA launched its Airspace Modernisation Strategy that initiates the major overhaul as it plans for the use of UK airspace up to 2040, including modernisation.

The structure of the UK’s airspace has remained the same for decades, despite an increase in demand from its users.

Flights in UK airspace are forecast to grow from 2.25 million a year in 2015 to 3.25 million in 2030 – an increase of 44%, according to research conducted by air traffic control provider Nats.

“If nothing changes, more and more flights will be delayed at UK airports each year with Nats predicting an average of 26.5 minutes of delay per delayed flight, with more than one in three flights from all UK airports expected to depart over half an hour late due to a shortfall in airspace capacity,” the CAA said.

“Similarly, other airspace users such as general aviation and drone operators want more access to this infrastructure, while local communities want the adverse impacts better mitigated.

“Modernisation is critical to ensure that this invisible piece of the UK’s national infrastructure is fit for purpose for the future.”

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