Order 01-02-6

Order 01-2-6

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