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DOT 137-04
Contact: Bill Mosley, Tel.: (202) 366-4570
Wednesday, August 18, 2004
DOT, America West Reach Settlement
Over Treatment of Passengers With Disabilities
The U.S. Department of Transportation (DOT) today announced the issuance of an
order reflecting a settlement with America West Airlines regarding the carrier’s
treatment of air travelers with disabilities.
The order finds that America West violated the Air Carrier Access Act (ACAA) and
federal regulations implementing that statute by failing to provide wheelchair
service in a timely manner and failing to respond to complaint letters about
such incidents within the 30-day period prescribed by law. In addition, the
office found that America West failed to provide its employees with adequate
training about DOT disability regulations. The carrier is ordered to cease and
desist from such violations in the future and assessed a civil penalty of
$850,000.
DOT’s Office of Aviation Enforcement investigated America West’s compliance with
the ACAA after receiving complaints from passengers with disabilities alleging
inadequate assistance in boarding and exiting aircraft and in making
connections. The Enforcement Office also reviewed complaints America West
received directly from passengers with disabilities that alleged failures in
these areas.
The investigation revealed a number of ACAA violations, including failure to
provide wheelchair assistance entirely, prolonged delays in obtaining wheelchair
assistance, and stranding individuals alone in wheelchairs in the terminal or on
board an aircraft for extended periods of time. In addition, the office found
that America West failed in a number of instances to comply with the
requirements for providing a proper written response to a complaint and failed
to provide its complaint resolution officials – staff who respond to complaints
by disabled passengers – with sufficient training on the DOT disability rules.
According to the terms of the settlement, of the $850,000 civil penalty, America
West may use $775,000 toward specified activities to improve the carrier’s
services to persons with disabilities beyond the requirements of the ACAA rules.
For example, America West will receive credit for filing a petition for an
exemption with DOT’s Federal Aviation Administration to allow passenger-owned
oxygen concentrator devices on its aircraft and for implementing the exemption
in an expedited manner if it is approved. America West also may offset part of
the civil penalty by costs associated with hiring specialized personnel to
provide wheelchair service at its Phoenix hub, developing or purchasing computer
software that tracks wheelchair requests and dispatches staff to provide
wheelchair service, and purchasing personal transfer kits to transfer passengers
from wheelchairs to aisle chairs.
The text of the order is available via the Internet at
http://dms.dot.gov, docket OST-2004-16943.
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