14 C.F.R. PART 258—DISCLOSURE OF CHANGE-OF-GAUGE SERVICES


Title 14 - Aeronautics and Space


Title 14: Aeronautics and Space

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PART 258—DISCLOSURE OF CHANGE-OF-GAUGE SERVICES

Section Contents
§ 258.1   Purpose.
§ 258.2   Applicability.
§ 258.3   Definitions.
§ 258.4   Unfair and deceptive practice.
§ 258.5   Notice requirement.
§ 258.6   Effective and compliance dates.


Authority:  49 U.S.C. 40113(a) and 41712.

Source:  64 FR 12860, Mar. 15, 1999, unless otherwise noted.

§ 258.1   Purpose.
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The purpose of this part is to ensure that consumers are adequately informed before they book air transportation or embark on travel involving change-of-gauge services that these services require a change of aircraft en route.

§ 258.2   Applicability.
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This part applies to the following:

(a) Direct air carriers and foreign air carriers that sell or issue tickets in the United States for scheduled passenger air transportation on change-of-gauge services or that operate such transportation; and

(b) Ticket agents doing business in the United States that sell or issue tickets for scheduled passenger air transportation on change-of-gauge services.

§ 258.3   Definitions.
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As used in this part:

(a) Air transportation has the meaning ascribed to it in 49 U.S.C. 40102(5).

(b) Carrier means any air carrier or foreign air carrier as defined in 49 U.S.C. 40102(2) or 49 U.S.C. 40102(21), respectively, that engages directly in scheduled passenger air transportation.

(c) Change-of-gauge service means a service that requires a change of aircraft en route but has only a single flight number.

(d) Ticket agent has the meaning ascribed to it in 49 U.S.C. 40102(40).

§ 258.4   Unfair and deceptive practice.
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The holding out or sale of scheduled passenger air transportation that involves change-of-gauge service is prohibited as an unfair or deceptive practice or an unfair method of competition within the meaning of 49 U.S.C. 41712 unless, in conjunction with such holding out or sale, carriers and ticket agents follow the requirements of this part.

§ 258.5   Notice requirement.
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(a) Notice in schedules. Carriers holding out or operating change-of-gauge services to, from, or within the United States shall ensure that in the written and electronic schedule information they provide to the public, to the Official Airline Guide and comparable publications, and to computer reservations systems, these services are shown as requiring a change of aircraft.

(b) Oral notice to prospective consumers. In any direct oral communication with a consumer in the United States concerning a change-of-gauge service, any carrier or ticket agent doing business in the United States shall tell the consumer before booking scheduled passenger air transportation to, from, or within the United States that the service requires a change of aircraft en route.

(c) Written notice. At the time of sale in the United States of transportation that includes a change-of-gauge service to, from, or within the United States, or, if no ticket is issued, no later than the time when the passenger checks in at the airport for the first flight in an itinerary that includes such a service, the selling carrier or ticket agent shall provide the following written notice:

Notice: Change of Aircraft Required

For at least one of your flights, you must change aircraft en route even though your ticket may show only one flight number and have only one flight coupon for that flight. Further, in the case of some travel, one of your flights may not be identified at the airport by the number on your ticket, or it may be identified by other flight numbers in addition to the one on your ticket. At your request, the seller of this ticket will give you details of your change of aircraft, such as where it will occur and what aircraft types are involved.

§ 258.6   Effective and compliance dates.
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(a) This Part is effective as of August 25, 1999.

(b) Compliance with the following sections is mandatory as of August 25, 1999: §258.1, §258.2, §258.3, §258.4, §258.5(a), §258.5(b), and §258.6.

(c) Compliance with §258.5(c) is mandatory as of March 15, 2000.

[64 FR 46821, Aug. 27, 1999]

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