Northwest Airlines, Inc.

Order 04-03-4
OST-04-16943 - Violations of 14 CFR Part 382 and 49 U.S.C. §§ 41702, 41705 and 41712

Issued and Served March 9, 2004

Consent Order | Word

This order covers the issue of the stowage of one passenger's standard‑size folding wheelchair inside the cabin of Northwest's Airbus A319 and A320 aircraft. Northwest admits that prior to the investigation giving rise to this order its new aircraft did not contain enough space for the stowage of one passenger's standard‑size folding wheelchair. However, Northwest notes that section 382.2 1(a)(2) does not, by its terms, describe the size of the wheelchair that must be given priority space. After notification by the Enforcement Office of its concerns and the size requirements for standard‑sized folding wheelchair stowage, Northwest agreed to modify either the front or rear closet of the covered aircraft to bring them into compliance. Although the Enforcement Office appreciates Northwest's willingness to create a space to stow a passenger's standard‑size folding wheelchair, the office views the carrier's failure initially to provide the proper accommodation under 14 CFR 382.21(a)(2) seriously. After careful consideration of all the facts surrounding this matter, including the explanation and arguments set forth by Northwest, the Enforcement Office continues to believe that enforcement action is warranted. In order to avoid litigation, Northwest has agreed to settle these matters, without admitting to a violation of the Air Carrier Access Act, and to enter into this consent order directing it to cease and desist from future similar violations and to the assessment of a civil penalty.

Northwest is assesed a civil penalty of $225,000 in compromise of civil penalties that might otherwise be assessed for the violations found in ordering paragraphs 2 through 6, of which: a. $20,000 shall be due and payable within 30 days after the service date of this order; and b. up to $205,000 may be offset by the expenditures associated with installing a new closet large enough to fit a standard size folding wheelchair on Northwest's 27 Airbus A319 and A320 aircraft that are not required to comply with 14 CFR 382.21 (a)(2)5

By: Rosalind Knapp