Court tosses lawsuit, rules that passengers can still use electronics during takeoff, landing
You're welcome, air travelers. The U.S. Court of Appeals for the District of Columbia Circuit has agreed that passengers can continue to use cell phones, iPods and other small electronic devices during takeoff and landing. The appeals court had politely listened to an argument from the Association of Flight Attendants before ruling that the FAA had the ability to change its own regulations.
The AFA – which represents some 60,000-plus flight attendants – has been fighting the FAA's updated regulations (which were changed in October 2013) since last fall. It believes that everyone's favorite electronics and iAppendages can be distractions that prevent passengers from paying attention to cabin announcements and safety instructions, and they could also become dangerous projectiles if they're not being securely stowed (an attorney for the government said that they weren't any more dangerous than the idea of having unsecured books flying around the cabin).
Attorneys for the union have also argued that the FAA did not follow the federal Administrative Procedure Act, which requires the agency to "give the public notice and the ability to comment when a rule is changed." One of the three judges on the panel who heard the case said that the "airlines have always had discretion on how to handle this."
According to the Associated Press, when the judges announced their ruling today, they said that the FAA had just provided "a new interpretation on an existing rule," and that the FAA "was free to change its interpretation of the rules." What does that mean for passengers? That nothing changes, really. You're still allowed to use small electronics and eReaders during takeoff and landings as long as they're in airplane mode. Just try to keep it down when you set a new high score in Candy Crush or Melon Detonator or whatever the kids are playing right now.