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DOT
91-03
Contact: Bill Mosley
Tel: (202) 366-5571
Thursday, August 28, 2003
DOT,
Three Airlines Reach Settlement Over Treatment of Passengers With Disabilities
The
U.S. Department of Transportation (DOT) today 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.
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.
"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.
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.
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
today's 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 http://dms.dot.gov, docket
OST-2003-14194.
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