At Issue: Treatment of Passengers With Disabilities
The US Department of
Transportation last week announced the issuance of an order
reflecting a settlement with Ryan International Airlines regarding
the carrier's treatment of air travelers with disabilities.
The order finds that Ryan violated the Air Carrier Access Act
(ACAA) and federal regulations in a number of respects, such as by
denying transportation to a passenger with a disability and failing
to provide required wheelchair service. The order,
which reflects the first ACAA enforcement settlement involving a
charter airline, also assesses a civil penalty of $400,000 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 $355,000 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's Office of Aviation Enforcement
launched an investigation of Ryan's compliance with the ACAA rules
after three passengers with disabilities filed informal
wheelchair-related complaints regarding flights taken during late
2000.
As part of its investigation, the Aviation Enforcement Office
reviewed all wheelchair-related complaints filed with Ryan since
April 2000 and found a significant number of serious violations by
Ryan, including but not limited to a passenger being improperly
denied transportation, a mobility-impaired passenger being stranded
aboard an aircraft for approximately seven hours, mobility-impaired
passengers being strapped to wooden office chairs with clothing
belts and carried off the planes, and passengers being required to
remove non-spillable batteries from their wheelchairs before being
transported.
In examining complaints
filed with the carrier regarding the treatment of passengers with
disabilities, the Aviation Enforcement Office also found that Ryan
failed to comply with the requirement for providing a proper
written response to the complainant. According to the settlement,
Ryan may offset part of the civil penalty by hiring and training a
corporate complaint resolution official (CRO) to resolve complaints
by passengers with disabilities, training Ryan pilots and station
managers as CROs, training Ryan flight attendants and sales
personnel regarding the ACAA and its implementing regulations, and
purchasing additional wheelchairs for its aircraft and for use in
ACAA training.
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.