Cayman Airways

Order 2007-10-19
OST-2007-26781

Issued and Served October 16, 2007

Consent Order

This order concerns violations by Cayman Airways of the requirements of 14 CFR Part 382 with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar years 2004, 2005, and 2006. Part 382 implements the Air Carrier Access Act, 49 U.S.C. 41705, and violations of that part also violate the ACAA. This order directs Cayman Airways to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $20,000 in civil penalties.

Cayman Airways, based in the Cayman Islands, operates scheduled service to and from the United States with an average of five daily flights utilizing three Boeing 737-200 and two Boeing 737-300 aircraft. The carrier offers service to a number of US. cities, including Miami and New York. According to the Department's records, the carrier submitted its report detailing disability-related complaints for calendar year 2006 on February 8, 2007, but did not submit its reports for calendar years 2004 and 2005, until April 24, 2007. Therefore, Cayman Airways violated section 382.70 and the ACAA when it did not submit reports in a timely manner that detailed the disability-related complaints that it received in calendar years 2004, 2005, and 2006 on flights originating or terminating in the United States.

In mitigation and explanation, Cayman Airways submits that it takes seriously its obligations to accommodate passengers with disabilities while simultaneously ensuring a safe environment. Cayman states that the late-filed reports are not indicative of a willful disregard for the Department's regulations. The carrier explains that, unfortunately, significant operational difficulties and other business challenges directly resulting from Hurricane Ivan in 2004 hampered Cayman Airways' ability to timely transmit the underlying reports. Nevertheless, Cayman states as soon as the airline learned of the reporting requirements, it moved swiftly to collect the required data and transmit the reports to the Department.

Additionally, the carrier explains that the manager of customer relations has been delegated responsibility for compiling data on a regular basis and transmitting timely annual reports to the Department. Moreover, Cayman Airways states that the station managers at all of the carriers' stations in the United States, as well as the station manager at Grand Cayman, have been advised of the reporting requirements under Part 382 and are instructed to report immediately any disability-related complaints to the manager of customer relations.

By: Rosalind Knapp