FAA avoids seat size regulations as US court dismisses case

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A US appeals court has rejected advocacy group FlyersRights.org’s request to force the Federal Aviation Administration (FAA) to adopt minimum requirements for airline seat size and spacing. The DC Circuit Court of Appeals ruled that the group had no right to make such demands as it was not “clear and indisputable” that tight seating was dangerous, despite Congress’ order in 2018 to establish minimum seating dimensions for passenger safety. The FAA has yet to introduce such regulations, but airlines must ensure that passengers can be evacuated within 90 seconds in emergencies. The court’s decision has come as a blow to airline passengers who have complained about cramped seating for years.

FlyersRights had argued that tight seating on planes slowed emergency exits and posed medical risks, such as blood clots, which were dangerous to passengers. However, Judge Justin Walker, who wrote the court’s decision, rejected these claims, stating that the FAA had no compelling evidence. He acknowledged that airline seats were often uncomfortably small, but it was not clear that they were dangerously so. Walker wrote, “Unless they are dangerously small, seat-size regulations are not necessary for the safety of passengers.”

The ruling means that airline trade groups are not required to comply with new seating rules. FlyersRights, however, is directly petitioning the FAA for new regulations. Its president, Paul Hudson, has stated that the court’s decision goes against Congress’ intentions that minimum standards be considered. Hudson warned that passengers could expect seating to shrink further to what he called “torture class” if the FAA does nothing.

  

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FlyersRights has said that the average seat pitch has shrunk by four to seven inches, to as little as 28 inches (71 cm), since airline deregulation in 1978. It also argues that seat width has also reduced while passengers have become more prominent over the same period. Six Democratic US senators, including Majority Leader Chuck Schumer, have previously urged the FAA to ban airlines from further reducing seat sizes and legroom.

The decision by the court is a setback for those who have long complained about cramped airline seating. FlyersRights’ petition and the senators’ letter suggest that the issue of cramped seating still needs to be resolved, and it remains to be seen if further legal action or legislation will be taken. Airlines, for their part, have opposed new seating regulations, arguing that they would harm margins if forced to reconfigure their planes.