The DoT has now announced the issuance of orders reflecting settlements with three airlines regarding the carriers' treatment of air travelers with disabilities. The orders find that America West Airlines, JetBlue Airways and Southwest Airlines violated the Air Carrier Access Act (ACAA) and federal regulations by failing to provide a stowage space for a passenger's standard-size folding wheelchair inside the cabin of their aircraft. The orders also assess civil penalties against the carriers.

PAX 'Hurt;' Government Collects

According to the terms of the settlements, the carriers are ordered to cease and desist from future violations of the ACAA and DOT's rules prohibiting discrimination against passengers with disabilities. America West was assessed a civil penalty of $150,000; JetBlue, $100,000; and Southwest, $500,000. Each carrier will receive a specified credit for part of the penalties to improve services to persons with disabilities above what is required by DOT rules. In addition to the civil penalty, the carriers will, under the orders, provide the required wheelchair stowage space in the future.

Those penalty amounts that will go to the government amount to actual charges of $15,000, $10,000, and $50,000, respectively -- 10%. The rest is either forgiven in consideration for efforts already made, or efforts promised, by the airlines.

"During my years in Congress, I co-authored the Americans with Disabilities Act and played a major role in the enactment of the ACAA, and I believe today as I believed then that accessibility in transportation is a civil right," Secretary Mineta said. "The U.S. Department of Transportation is committed to increasing mobility for all Americans, particularly those with disabilities."

ACAA regulations require that aircraft with 100 or more passenger seats and that were ordered after April 5, 1990 or delivered after April 5, 1992 have priority space in the cabin designated for stowage of at least one passenger's folding wheelchair. To comply with the rules, DOT's Aviation Enforcement Office has advised carriers that the priority space must be large enough to accommodate a standard wheelchair measuring 13 inches by 36 inches by 42-50 inches when folded. [Whether that means 42 inches, 50 inches, or something in between, was not explained --ed.]

Investigations by the Aviation Enforcement Office found that America West, JetBlue and Southwest violated these rules by failing to provide the stowage space as required.

America West will receive credit for $135,000 of its civil penalty in connection with providing a space for the stowage of one folding wheelchair on its aircraft that were ordered or delivered before the stowage requirement took effect. JetBlue will use $90,000 of its penalty to create a quality assurance team to learn more about providing service to passengers with disabilities, to provide information on its web site about DOT's toll-free disability hotline, and to install teletypewriter machines to accommodate individuals who are deaf and hard of hearing at its ticket
counters. Southwest will receive a credit of $450,000 of its penalty to cover part of the cost associated with retrofitting all its older Boeing 737s with a closet to be used for stowing  folding wheelchairs.

Next?

The department is investigating other carriers for possible violations of ACAA rules and expects to conclude these investigations in the near future. The department previously issued enforcement consent orders against several other carriers for violations of the ACAA rules, which combined with these latest actions are part of its ongoing effort to ensure nondiscrimination in air travel based on disability.

The texts of the orders are available via the Internet at the referenced link, docket OST-2003-14194.

FMI: http://dms.dot.gov