The document proposes a significant increase in fines for airlines that do not properly fulfill their obligations to serve passengers if flights are canceled, delayed or rescheduled.
The document states that the airline is currently only responsible for canceling or delaying flights, while the concept of “flight status change” includes a change en route from the intended destination, flight delay, flight schedule change, flight cancellation, that is, any change affecting the time of flight departure (arrival) or route.”
The drafters of the bill pointed out that air carriers take advantage of this loophole and avoid responsibility for the inconvenience caused to passengers.
“Currently, it is not possible to hold airlines responsible for not providing services and obligations to passengers during various changes in flight status, it is proposed to change the position of Article 567 of the Code of Administrative Offenses to “Failure . or improper performance by the carrier of the obligations provided by the legislation of the Republic of Kazakhstan regarding the use of the airspace of the Republic of Kazakhstan and aircraft operations to provide services to passengers when the status of the flight changes, ” the document says.
They recommend doubling the fines for such violations. According to the new version of Article 567 of the Code of Administrative Offenses, fines can be up to 400 monthly calculation indices for the first violation and up to 2000 MCI for repeated violations within a year.
The drafters of the bill pointed out that such changes are necessary due to the growth of passenger traffic and “an increase in cases where the carrier does not perform or performs its duties improperly (…) when flight status changes.”
In 2022, 20,302 cases of flight delays were recorded, in 2023 – 16,666 cases, and from September 2024 – 17,827 cases of delays.
The developers pointed out the international practice used in such cases.
“International rules govern the obligations of carriers in situations such as cancellation, delay and rerouting of flights, especially if these problems arise due to the fault of the airline. Passenger compensation is the main measure in many countries,” the document says.
In Saudi Arabia, for example, the fine for violating the rights of passengers is 50 thousand Saudi Arabia. In the US, for such violations, the airline must pay up to $ 50,000 to passengers and small businesses.
Compliance with standards is monitored through passenger complaints and inspections. If the airline refuses to accept the breach, the matter can be taken to court.
The bill is expected to be submitted to the Mazhilis and the Senate this year or in 2025. If the legislature decides positively, the law could come into effect as early as 2025.
