Reed seeks FAA rule clarification after incident with band Deer Tick

  ·  Donita Naylor, Providence Journal   ·   Link to Article

WASHINGTON, D.C. — After the guitarist for the band Deer Tick was delayed on his way to Rhode Island to perform at the Newport Folk Festival, U.S. Sen. Jack Reed on Friday asked the U.S. Secretary of Transportation to clarify the Federal Aviation Administration rules about musical instruments as carry-on luggage.

“We have a lot of great musicians come to Rhode Island for our world renowned music festivals and they shouldn’t have to deal with arbitrary and conflicting storage policies from one airline to the next.  There should be clear rules of the road,” Reed wrote to Transportation Secretary Anthony Foxx on Friday.

Singer-songwriter John McCauley said he and his wife, singer-songwriter Vanessa Carlton, were returning to Rhode Island Wednesday from Nashville for the folk festival. They were waiting to board a connecting flight in Philadelphia, he said, when U.S. Airways refused to let him on board with his guitar.

The airline subsequently apologized, refunded his fare and gave him vouchers for the train ticket that got him to Rhode Island.

“Despite a federal law concerning the transport of instruments on commercial airlines, musicians continue to report similar experiences, as well as the loss, theft, or damage to their instruments when they have been required to place them in the baggage hold,” Reed said in the letter. “If an instrument passes through security and can be stowed safely, it should be permitted in the airplane cabin.”

Part of the FAA Reauthorization and Reform Act of 2012 states that air carriers “shall permit a passenger to carry a violin, guitar, or other musical instrument in the aircraft cabin,” provided “the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat” and that “there is space for such stowage at the time the passenger boards the aircraft.”  The law also makes similar allowances for the transport of larger instruments in the airplane cabin when a separate ticket is purchased for the instrument.

The law was enacted in February 2012 and included a requirement that the U.S. Department of Transportation adopt regulations to carry out this provision within two years.  The law cannot become effective until a final rule has been issued.

“Regrettably, the deadline has passed without a final rule, and the absence of a final rule has created confusion and led to unfortunate incidents like the one my constituents experienced,” Reed continued.

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