Fliers’ rights to use electronic devices in flight upheld

In 2013 the FAA ruled that passengers can use their electronic devices during takeoff and landing. Shortly after, the Association of Flight Attendants sued claiming the FAA had overstepped their authority by changing policy without going through appropriate legal steps. Their major complaint is with passengers ignoring safety briefings and they were worried that phones cam become dangerous projectiles in the case of turbulence.

The District of Columbia Court of Appeals ruled against the AFA on technical grounds, saying that the FAA has always had discretion regarding rules on portable electronics:

In this case, it really does not matter whether Notice N8900.240 is viewed as a policy statement or an interpretive rule. The main point here is that the Notice is not a legislative rule carrying “the force and effect of law.” Perez, 135 S. Ct. at 1204. A legislative rule “modifies or adds to a legal norm based on the agency’s own authority” flowing from a congressional delegation to engage in supplementary lawmaking. Syncor, 127 F.3d at 95.

Say yeah for passengers unless you happen to be the one at the other end of the flying projectile’s path!