Tue, Feb 22, 2011
Largest Non-Safety Related Fine Ever Levied Against An
Airline
The U.S. DOT has assessed a civil penalty of $2 million against
Delta Air Lines for violating rules protecting air travelers with
disabilities. This civil penalty is the largest penalty ever
assessed against an airline by the Department of Transportation in
a non-safety-related case.
“Ensuring that passengers with disabilities receive fair
treatment when they fly is a priority for the Department of
Transportation,” said U.S. Transportation Secretary Ray
LaHood. “We take our aviation disability rules seriously and
will continue to enforce them vigorously.”
The DOT requires airlines to provide assistance to passengers
with disabilities while boarding and deplaning aircraft, including
the use of wheelchairs, ramps, mechanical lifts and service
personnel where needed. Carriers also must respond within 30
days to written complaints about their treatment of disabled
passengers, and specifically address the issues raised in the
complaints. In addition, airlines must properly code and record
their disability-related complaints in connection with required
reporting to the Department.
An investigation by the Department of Transportation’s
Aviation Enforcement Office of disability complaints filed with
Delta and DOT revealed many violations of the requirement to
provide assistance getting on and off the airplane. The
carrier’s complaint files also showed that it frequently did
not provide an adequate written response to disability complaints
from passengers. The Aviation Enforcement Office further found that
Delta also failed to properly report each disability complaint in
reports filed with the Department.
Of the of $2 million penalty, $750,000 must be paid by the
carrier and up to $1,250,000 may be used to improve its service to
passengers with disabilities beyond what is required by law. Delta
may target up to $834,000 of the civil penalty amount toward the
development and implementation of an automated wheelchair tracking
system at the carrier's major hub airports. Up to $236,000 may be
used toward developing and distributing customer service surveys
for passengers with disabilities to rate Delta’s
accommodation services and provide specific feedback to the carrier
on how it can improve. In addition, up to $150,000 may be used to
expand audits of the carrier’s compliance with Air Carrier
Access Act rules and for consultation to help improve the quality
of Delta’s services to passengers with disabilities at
airports and up to $30,000 to enhance its website to improve air
travel accessibility. The actual costs of these improvements by
Delta will be significantly greater than the credited amounts.
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