OST-00-7591 - Len Maxwell against Delta Air Lines

OST-00-7591

Len Maxwell against Delta Air Lines, Inc.

OST-00-7591	June 28, 2000	Verified Complaint	Air Carrier Access Act of 1986
		Attachment 1: Letter from Delta to Kleo King, Eastern Paralyzed Veterans Association

The particulars are as follows:

(1) On March 25, 2000, Complainant departed from LaGuardia International Airport on Delta Air Lines flight #2051 to Fort Lauderdale, Florida. Complainant pre-boarded the aircraft, as required by ACAA regulations, in order to stow his wheelchair in the designated storage area.
(2) Upon boarding the aircraft, Complainant requested that his folding wheelchair be stored in the on board closet. Complainant is afforded priority in stowing his wheelchair, as provided in 14 C.F.R. §3 82.41 (e)(2).
(3) The Captain (either Jim McGin or Jim McLin) told Complainant that his wheelchair would be stored in the cargo hold and he would personally retrieve the wheelchair upon landing in Fort Lauderdale.
(4) The Captain disregarded the implementing regulations of the ACAA by denying Complainant priority in stowing his wheelchair on board the aircraft.
(5) Due to said violation of the ACAA, Complainant was forced to stow his wheelchair in the cargo compartment of the aircraft when, in fact, ample storage area was available in the cabin of the aircraft.
(6) Upon arrival in Fort Lauderdale, Complainant's wheelchair was returned to him from the cargo area at the gate.
(7) Complainant later discovered that the wheelchair had been damaged and as a result, he fell and broke his leg.
(8) Respondent admitted that complainant's wheelchair had been damaged during the flight from LaGuardia to Fort Lauderdale and agreed to replace the wheelchair (see Attachment 1).
(9) Respondent's refusal to accommodate Complainant on flight #2051 from LaGuardia to Fort Lauderdale violated the ACAA and its implementing regulations.

By: Len Maxwell

Len Maxwell against Delta Air Lines, Inc.

OST-00-7591

July 10, 2000

Re: Confirmation of Extension for Response Granted

Air Carrier Access Act of 1986

This to confirm that Samuel Podberesky, Assistant General Counsel for Aviation Enforcement and Proceedings granted the request of Delta Air Lines, Inc. for an additional 14 days in which to file a response to the above-referenced complaint. The new due date for Delta's response is July 28, 2000.

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com

Len Maxwell against Delta Air Lines, Inc.

OST-00-7591	July 28, 2000	Answer of Delta Air Lines	Complaint - Air Carrier Access Act
		Attachments:

Delta's policy is and has always been to provide air transportation to disabled passengers in compliance with the ACAA, the Department's disabled passenger regulations, as well as Delta's own high internal standards that often exceed applicable legal and regulatory requirements. To that end and as further discussed below, Delta has developed extensive ACAA procedures, practices and training programs, which are designed to ensure that the goals of such policy are fully realized.

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060

Len Maxwell against Delta Air Lines, Inc.

Order 01-2-6 OST-00-7591	Issued February 7, 2001 Served February 7, 2001	Consent Order and Order of Dismissal	Air Carrier Access Act of 1986
		Attachment: Payment form for Fines Assessed

We have carefully reviewed the pleadings in the case, as well as records of other correspondence received by Delta and the Department which involved complaints with regard to the issue of onboard wheelchair stowage. Delta cooperated fully with the Department's investigation, including the request of the Department's Office of Aviation Enforcement and Proceedings for all of Delta's relevant complaint records. We believe that some of these incidents may involve violations of section 382.41. Additionally, in several of the complaint files we examined, the carrier did not provide a written response to the complainant that complied with the notice requirements of section 382.65, which prescribe that the carrier must give a "dispositive response" to each complainant. An appropriate response must specifically discuss the complaint at issue, state the carrier's view of whether a violation occurred, and state that the complainant may refer the matter to the Department's consumer office. The Department views seriously the obligation of all carriers to comply with the Air Carrier Access Act and 14 CFR Part 382, the Department's implementing regulation. Accordingly, enforcement action is warranted.

The order, in addition, directs the carrier to cease and desist from similar violations in the future and assesses a civil penalty of $25,000 in compromise of the penalties otherwise assessable under 49 U.S.C. §46301. Of this amount, the carrier will pay $15,000 according to the terms stated in the ordering paragraphs below. This order provides that a credit of $10,000 will be allowed toward the purchase of no fewer than 10 new hydraulic-lift boarding chairs beyond the number Delta previously intended to purchase.

By: Rosalind Knapp