Air Travelers Urged to Unlock Bags, Opening Liability Issue

WASHINGTON -- The government on Thursday asked air travelers to leave checked luggage unlocked for security screeners to inspect starting Dec. 31, but the policy prompted an outcry after officials failed to specify who would be liable for lost, damaged or stolen articles.

With passengers checking about 1 billion pieces of luggage a year, the new policy by the Transportation Security Administration to check for hidden explosives is expected to entail opening millions of items -- in many cases while the passenger is not present.

“That leaves a lot to be desired from the standpoint of making people feel comfortable,” said Kevin Mitchell, president of the Business Travel Coalition. “What happens if you have an expensive camera and it’s gone?”

The requirement also will test how much privacy passengers are willing to give up for security’s sake.

Airline liability for damage, loss or theft of luggage is clearly spelled out in government regulations. But the security agency has no set policy on how it will handle complaints of security-related damage, which critics and travelers rights groups fear may be widespread. Agency officials say they will deal with such problems case by case.

Although some airports will use X-ray machines to inspect luggage, some of the bags will still have to be checked by hand.

So screeners will not have to break locks, the agency is advising travelers to secure their bags with cable ties, locking plastic strips that are generally used to fasten wire bundles in computer and stereo setups. The strips can be snipped off without damaging a bag. Eventually, the security agency expects to offer them to travelers for free.

If screeners do have to open a bag, agency officials said they will leave a note inside with a toll-free number to call if there is a problem. The line will be staffed from 5 a.m. to 7 p.m. Pacific time on weekdays and 7 a.m. to 3 p.m. Pacific time on weekends.

“That’s not sufficient,” said Michael Wascom, a spokesman for the Air Transport Assn., which represents major airlines. “What if they closed [a bag] improperly and your belongings fell out? Who is liable? How do you make a claim? What can you expect? The public needs answers. The absence of consumer information is breathtaking.”

There will be consumer safeguards, said security agency spokesman Brian Turmail: “If someone gets back a bag with something missing, they can call our consumer-response center.”

However, passengers who persist in locking their bags run the risk of having their locks cut off. The security agency “will not be responsible for damage to locks,” Turmail said.

The agency also urged travelers not to pack food or beverages in checked luggage. Some foodstuffs may spill or smear as the bag is searched. Others, such as cheese and chocolate, may trigger a false alarm by explosives detection equipment.

Photo film can be damaged by screening equipment and should be kept in carry-on bags. Presents in checked baggage must be unwrapped.

Turmail said the agency is working hard to get the word out to passengers in the hope that luggage screening will go smoothly. Additional information is available online at www.TSATravelTips.US.

With millions of bags jostling around on conveyor belts and jetting around the country each day, airline officials said problems are inevitable.

Major airlines reported about 120,000 complaints of lost, damaged or delayed bags in October, the latest month for which statistics are available. That covers complaints just from loading and unloading closed bags. Industry officials fear that passengers angry over security mishandling of baggage will take it out on the airline, not the agency.

“Airlines that mishandle baggage typically have a customer-service agent on the receiving end of the complaint, and a written claim is taken on the spot,” Wascom said. “Who’s to say that anyone is doing anything when you call an anonymous person at the end of an 800 number that isn’t even manned 24 hours a day? More needs to be done.”

The closer inspections stem from a congressional mandate that all checked bags be screened with explosives detection equipment by the end of the year. The security administration will be using two types of technology, and both require some bags to be opened.

Some luggage will be screened by SUV-size machines akin to the medical scanners used by hospitals. The airport version of the scanners has a high false-alarm rate. In some cases, doubts can be resolved only by opening the bag.

The security agency will also employ devices that detect explosives residue on a swab that is touched to the bag or its contents. To guarantee a high success rate in detecting bombs with this type of equipment, a substantial proportion of bags must be opened.

At airports where screening will take place in lobby areas, such as LAX, many passengers will be able to watch as their bags are opened.

But at other airports, such as John Wayne Airport in Orange County, the screening equipment has been built into the luggage conveyor system. At these facilities, most passengers will not know their bags have been opened until they arrive at their destinations.

Eventually, most large and medium-size airports are expected to adopt the more efficient behind-the-scenes model.

David Stone, federal security director at LAX, said authorities are exploring options for opening locked luggage that would not require cutting locks off.

“We are sensitive to that,” Stone said at a news conference Thursday. “Do we have some master keys? Do we know some combinations? So we’re working with the airline industry to find out the best way to do that, the smart way to do it.”

The government cannot indefinitely escape liability for luggage damaged by security, lawyers said. Airlines are now liable for up to $2,500 in damage per passenger on domestic flights. The regulations governing airlines may become the basis for rules that apply to the agency.

“They are going to have to develop a system for reimbursing passengers for lost or stolen bags,” said Barry Steinhardt, a lawyer who follows security issues for the American Civil Liberties Union. “Nothing has ever occurred on this scale before, where you have the government searching a billion bags. So, law is going to be made here.”

Warren Dean, a Washington aviation lawyer who formerly worked in the Transportation Department, said the security administration should have addressed the liability issue before instituting the new policy.

“The government requires airlines to explain to passengers how claims are going to be handled,” Dean said. “The government should also live by the same rules.”

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Times staff writer Jeffrey L. Rabin in Los Angeles contributed to this report.

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Packing tips for air travelers

Bags should be left unlocked so screeners won’t have to force them open to search them by hand. They can be secured with plastic cable or “zip” ties, which cut off easily. The ties are available at hardware stores.

Put toothbrushes and other personal items in clear plastic bags so screeners won’t have to touch them.

Leave gifts unwrapped. Screeners may unwrap those that aren’t.

Food items, such as cheese or chocolate, can be mistaken by bomb-detection machines for explosives and register a “false positive” reading. Screeners will hand-search bags that register a positive reading.

Shoes should be packed last to make it easier for screeners to hand-search luggage.

Do not put film in checked bags because screening equipment will damage it.

Put scissors, pocket knives and other sharp items in checked bags; they are prohibited from being carried on planes.

Books should be spread out rather than stacked.

Source: Transportation Security Administration