Journal of Air Law and Commerce
Abstract
The aviation industry is one of the most regulated industries that exists in modern society. Before an airplane can take a passenger from one destination to another, diligent and thorough checks are performed on the aircraft, the runway, the pilots, the crewmembers, the luggage, the route, and the numerous other points of potential risk. Due in part to this diligence, air travel is also one of the safest forms of travel. However, one point of potential risk that is underregulated and overlooked in the safety calculation is the weight of the passengers. The act of weighing passengers is not just another task that can be added to the preflight safety checklist—it is an act which carries its own emotionally charged, hotly debated baggage.
There is a growing trend in the airline industry of collecting and considering actual passenger weights before flights, as opposed to estimated weights. Punchy headlines litter the news warning airline customers that they may have to step on a scale before their next flight. Airline customers and internet heroes take to the comments to criticize the trend. They use words like “discriminating,” “embarrassing,” and even “violating.” But beyond the splashy headlines and hostile reactions lies a more complex issue—one that airlines will need to grapple with in the near future as the obesity epidemic continues to rage. This Comment begins by laying the foundation of the laws governing American air travel and provides background on airlines’ collection, use, and estimation of passenger weight in their weight and balance control calculations. Next, it discusses the benefits of such data to the airline and the passengers, and the liability exposure of the pilot, airline, and airplane manufacturer in the event of an error in a weight and balance calculation. Then, it analyzes the privacy and public relations implications of collecting weights on passengers. Finally, it provides recommendations for safely navigating this minefield issue.
Recommended Citation
Brooke Sutter, It Comes with Baggage: The Heavy Weight Implications of Weighing Airline Passengers,
89
J. Air L. & Com.
683
(2024)
