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Dr. Maureen Lynch v. British Airways - Violation of 14 CFR Part 382

On the basis of the pleadings and supplementary information provided in response to requests from the Enforcement Office, we have determined that no violations have occurred and are dismissing the complaint.  Although the carrier was unable to accommodate Dr. Lynch on the Cork-London flight on which she held a reservation, it had a means for rendering the boarding assistance that would have been practical had the carrier received advance notice of her boarding requirements or if she had arrived earlier in the boarding process so that an on-board wheelchair, which was available, could have been used. We are unable to find that a foreign air carrier, in these circumstances, including the lack of advance notice, is under an obligation to remove passengers already on board, causing a flight to be delayed, or to provide a specific kind of boarding chair that would have been compatible, without a reconfiguration of seats, with the small aircraft used on the Cork-London flight, in order to accommodate a disabled person. With respect to Dr. Lynch's return flight, while the misunderstandings that arose prior to her boarding her return flight should not have occurred, they do not constitute a violation of 49 U.S.C. 41705 since Dr. Lynch was permitted to board the aircraft without an attendant and no evidence exists that she was denied any requested assistance during the flight. In addition, in the absence of a specific regulatory requirement relative to the training of foreign carrier employees, it would be unreasonable to hold that a foreign carrier is subject to the detailed training requirements of Part 382. Dr. Lynch's complaint, therefore, cannot support a finding of a violation of 49 U.S.C. § 41705 based on inadequate training by the carrier.

By: Samuel Podberesky

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