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Enforcement Order

Nondiscrimination on the Basis of Disability in Air Travel - May 13, 2009

The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.

International Jet Management GmbH 2012-3-18

This order concerns unauthorized passenger air service between points in the United States by International Jet Management GmbH, (IJM) an Austrian air carrier authorized by the Department to engage in foreign air transportation1 pursuant to an exemption2 from the permit requirement in 49 U.S.C. § 41301. The carriage of local traffic for compensation or hire by foreign air carriers between two points in the United States, a practice commonly referred to as cabotage, violates 49 U.S.C. § 41703, which prohibits cabotage except under very limited circumstances that do not apply here.3 In addition, a foreign air carrier that holds out to the public without authorization, either expressly or by course of conduct, that it provides cabotage service violates 49 U.S.C. § 41301. Violations of sections 41301 and 41703 also constitute an unfair and deceptive trade practice and unfair method of competition in violation of 49 U.S.C. § 41712. This consent order directs IJM to cease and desist from such further violations and assesses the carrier a compromise civil penalty of $25,000.

Qantas Airways Limited 2012-3-1

This consent order concerns an Internet advertisement by Qantas Airways Limited (Qantas) that violates the advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Qantas to cease and desist from future violations of section 399.84 and section 41712 and assesses the carrier a compromise civil penalty of $40,000.

Unister USA, LLC 2012-2-23

This consent order concerns Internet advertisements by Unister USA, LLC, d/b/a Flights24.com (Unister) that (1) failed to comply with the Department’s full-fare advertising requirements as specified in 14 CFR Part 399, and (2) failed to disclose code-share arrangements pursuant to the requirements specified in 14 CFR Part 257 and 49 U.S.C. § 41712(c). These failures constitute separate and distinct unfair and deceptive practices prohibited by section 41712(a). This consent order directs Unister to cease and desist from future violations of Parts 399 and 257 and section 41712 and assesses Unister a compromise civil penalty of $30,000.

Twin Air Calypso Limited, Inc. 2012-2-20

About this Order

This consent order concerns unauthorized scheduled passenger service as a commuter air carrier by Twin Air Calypso Limited, Inc., (TAC) in violation of 49 U.S.C. §§ 41101, 41712, and 41738 and 14 CFR Part 298, the Department’s commuter air carrier requirements, as well as Order 2005-3-38. It directs TAC to cease and desist from further violations of these statutory provisions, federal regulation, and order, and it assesses the carrier a compromise civil penalty of $70,000.

Allegiant Air, LLC 2012-2-10

This order concerns violations by Allegiant Air, LLC, (Allegiant) of (1) the requirements of 14 CFR Part 382 (Part 382) with respect to properly coding and recording its disability-related complaints in connection with required disability reporting to the Department of Transportation (Department), as well as providing dispositive written responses to written consumer complaints alleging a violation of Part 382, and related statutory provisions, 49 U.S.C. §§ 41702 and 41705; (2) the Department’s full-fare advertising requirements, 14 CFR 399.84; and (3) 49 U.S.C. § 41712, which prohibits carriers from engaging in unfair and deceptive practices and unfair methods of competition.

Spirit Airlines, Inc. 2012-1-20

This order concerns violations by Spirit Airlines, Inc., (Spirit) of the requirements of 14 CFR Part 382 (Part 382) with respect to properly coding and recording its disability-related complaints in connection with required reporting to the Department of Transportation (Department) as well as providing dispositive responses to written complaints alleging a violation of Part 382. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. To the extent that the ACAA and Part 382 violations occurred in interstate air transportation, the incidents are also violations of 49 U.S.C. § 41702, which requires that air carriers provide safe and adequate interstate air transportation; to the extent the violations occurred in foreign air transportation, the incidents violate 49 U.S.C. § 41310, which, in part, prohibits air carriers and foreign air carriers from unreasonably discriminating against any person in foreign air transportation. Violations of Part 382 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This order directs Spirit to cease and desist from future similar violations and assesses the carrier $100,000 in civil penalties.

Finnair Plc 2012-1-21

This consent order concerns Internet advertisements by Finnair Plc (Finnair) that violate the advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Finnair to cease and desist from further violations of this statute and federal regulation and assesses the carrier a compromise civil penalty of $35,000.

Aviation Services, Ltd. 2012-1-22

This consent order concerns Internet sales activities by Aviation Services, Ltd., d/b/a Freedom Air (Freedom Air) that violated 49 U.S.C. § 41712 because they resulted in double payments by consumers of government taxes and fees. It directs Freedom Air to cease and desist from further violations of this statute and assesses the carrier a compromise civil penalty of $20,000.

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