Question: I was booked on Hawaiian Airlines Flight 48 from Honolulu to Oakland, Calif., on Oct. 7, which was delayed for more than 10 hours because of mechanical problems.

We were kept waiting at the gate area for more than four hours before they told us another plane would be replacing it and we would not leave until 11:30 p.m.

Instead of arriving at the scheduled time and day, we arrived the following morning, after having had no sleep for more than 24 hours. All passengers were given a meal voucher and a $200 flight voucher for a future flight.

However, earlier when circumstances forced me to change my flight plans, I was charged a $350 change fee to use my ticket. It does not seem right that Hawaiian charges $350 to change flight plans but only offers a $200 flight voucher when they cause a change of plans. I essentially lost a whole business day and will have to fly back again.

  Another thing: When I originally purchased my ticket, Hawaiian Air allowed two checked bags for free. When I took my flight, they only allowed me one free checked bag. I shipped my second bag with a delivery company at added expense. I wrote Hawaiian Airlines and was told that the $200 flight voucher was all that they are going to give me. What are passengers' rights in such cases?

Answer: There are no federal or state laws that require an airline to compensate you if a flight is delayed or canceled.

About the only thing that requires compensation is if you are involuntarily bumped from a flight because of overbooking.

“;Hawaiian (Air) works really hard to prevent delays,”; said spokesman Keoni Wagner, “;but we will not operate an aircraft if there is any concern at all for its safety and we won't rush the process of fixing mechanical problems.”;

  From time to time, that does cause a lengthy delay, as in your case, he said, and “;we really regret that kind of inconvenience to our customers.”;

In these situations, managers have a standardized formula for issuing different forms of compensation. They range from a meal voucher to free tickets and “;lots of things in between,”; Wagner said. “;It all depends on the circumstances in terms of what they offer customers.”;

He was researching your case to determine why you were charged the $350 change fee. Also, if you were entitled to two free checked bags at the time you bought your ticket, that should have been the case when you checked in.

Regarding having to wait four hours at the gate before being informed about the new flight time, Wagner said that when there are mechanical problems, Hawaiian Air's mechanics will troubleshoot to diagnose the problem, “;then go about fixing it. But, sometimes they find that the solution doesn't fix the problem, so they have to continue troubleshooting.”;

Statistically, it's rare that these situations “;drag on,”; but sometimes they do, he said. “;But we're not about to rush that process.”;

Instead, “;we try to communicate well with our customers and let them know what we're doing every 20 minutes or so to keep them apprised so they can make their own decisions”; about what to do.

  Meanwhile, if you are an airline passenger in New York stuck on an airplane, you now have additional rights to compensation.

In January, New York became the first state to implement an “;Airline Passenger Bill of Rights,”; aimed at easing the plight of passengers who are stranded on the tarmac for more than three hours.

Whenever airline passengers in New York are delayed for more than three hours prior to takeoff, the carrier must provide power for fresh air and lights; waste removal service for on-board restrooms; and adequate food, drinking water and other refreshments.

“;I'm unaware of any effort to introduce similar legislation (on passenger rights) in Hawaii in view of the state of current federal law, which essentially pre-empts the ability and authority of the states to regulate the airlines in anything involving rates, routes and services,”; said Stephen Levins, executive director of the state Office of Consumer Protection. “;This resulted from the Airline Deregulation Act of 1978.”;

You can find out about what rights airline passengers do have on the Web site for the U.S. Department of Transportation's Aviation Consumer Protection Division: airconsumer.ost.dot.gov/publications/flyrights.htm.

Under “;Delays/Cancellations”; it says, “;Airlines are not required to compensate passengers for delayed or canceled flights.”;

  Each carrier has its own policy on dealing with delayed or canceled flights, and you are advised to at least ask for some kind of compensation.

The bottom line: “;Airlines almost always refuse to pay passengers for financial losses resulting from a delayed flight.”;

Most airlines will book passengers on the next available flight if a flight is canceled, while they “;may”; pay for meals or a phone call if a flight is delayed.

However, according to the Aviation Consumer Protection Division, you cannot expect to receive any compensation if the delay is caused by bad weather or circumstances beyond their control, such as air traffic delays and mechanical repairs.

Avoiding Delays

» Allow extra leeway and take an earlier flight if you are traveling to close a lucrative business deal, give a speech or lecture, attend a family function or be present at any time-sensitive event.

» When booking your flight, remember that a departure early in the day is less likely to be delayed than a later flight, due to “;ripple”; effects throughout the day.

» If you have a choice of connections and the fares and service are equivalent, choose the one with the least congested connecting airport to make it easier to get to your second flight.

» Consider potential adverse weather if you have a choice of connecting cities.

» When making your reservation for a connection, always check the amount of time between flights. Ask yourself what will happen if the first flight is delayed.

Source: U.S. Department of Transportation, Aviation Consumer Protection Division

Flight Rights

Find out what rights you have as an airline passenger, as well as tips on following through on complaints, at:

» U.S. Department of Transportation's Web site: airconsumer.ost.dot.gov/publications/flyrights.htm#delayed.

» Or order a 58-page booklet for $4, including postage, from the Citizen Information Center, Pueblo, CO 81009.