AirTrans Hit With $125,000 Penalty

The Department of Transportation (DOT) today announced the issuance of an order reflecting a settlement with AirTran Airways regarding the carrier's treatment of air travelers with disabilities.

The order finds that AirTran violated the Air Carrier Access Act (ACAA) and federal regulations by failing to comply with requirements for in-cabin stowage of passengers' folding wheelchairs.  The order also assesses a civil penalty of $125,000 against the carrier.

According to the terms of the settlement, the carrier is ordered to cease and desist from future violations of the ACAA and DOT's rules prohibiting discrimination against passengers with disabilities.  Of the assessed civil penalty, the carrier may use $105,000 to improve services to persons with disabilities above what is required by DOT rules.

"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.   "DOT will continue its effort to ensure that all Americans, including those with disabilities, are able to enjoy the mobility that our nation's transportation system offers."

DOT rules require carriers to provide in-cabin stowage of at least one passenger's standard-size folding wheelchair on new aircraft and require carriers to permit the stowage of passengers' wheelchairs in overhead compartments and under seats if the aircraft has such areas available and stowage can be accomplished in accordance with Federal Aviation Administration safety regulations.  DOT's Office of Aviation Enforcement and Proceedings (Enforcement Office) has advised carriers that a standard-size folding wheelchair measures 13 inches by 36 inches by 42-50 inches when folded.

The Enforcement Office launched an investigation of AirTran's compliance with the requirements for in-cabin stowage of passengers' folding wheelchairs after it received a call on its disability hotline in October 2002 from a passenger who said AirTran personnel told him that there was no space to store his wheelchair inside one of its Boeing 717 aircraft.  As part of its investigation, the Enforcement Office placed calls to the AirTran reservations center and asked if the carrier would allow a passenger to stow a folding wheelchair in one of these aircraft.  In many cases the agent said that the wheelchairs must be checked at the gate and stowed in the cargo compartment.  Only after the Enforcement Office requested more detailed information from AirTran about its wheelchair stowage policy did the carrier agree to designate a bulkhead row containing two seats for wheelchair stowage in addition to stowage in the overhead bin.

According to the settlement, AirTran may offset part of the civil penalty by developing training materials addressing service to air travelers with disabilities and providing a link from the carrier's website to information regarding DOT's toll-free disability hotline to educate and assist travelers in resolving disability-related air travel problems. AirTran may also offset part of the civil penalty by the costs associated with the seat space lost in connection with the installation of closets large enough to stow the largest standard-size folding wheelchair on board Boeing 737-700 aircraft yet to be delivered to the carrier, rather than using the seat stowage method on board such aircraft.

The department has previously issued enforcement consent orders against several other carriers for violations of the ACAA rules, which combined with today's actions are part of its ongoing effort to ensure nondiscrimination in air travel based on disability.

FMI: http://dms.dot.gov (Docket OST-2003-14194)