Israir Airlines and Tourism Ltd.

Order 2007-12-4
OST-2007-26781

Issued and Served December 11, 2007

Consent Order

This order concerns violations by Israir Airlines and Tourism Ltd. 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 and 2005. 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 Israir to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $18,000 in civil penalties.

Israir is an Israel-based foreign carrier operating limited service to and from the U.S. It operated on average 2.5 roundtrip flights per week to the U.S. in 2004 and 3 roundtrip flights per week to the U.S in 2005 using at least one aircraft having a design seating capacity of more than 60 passenger seats. Israir’s operations into the U.S. clearly fall within the scope of the reporting rule. Therefore, Israir violated section 382.70 and the ACAA when it submitted the required report detailing disability-related complaints it received on flights to or from the U.S. in calendar year 2004 more than 16 months late on May 31, 2006, and when it submitted the required report for calendar year 2005 on June 18, 2006, more than 5 months after the date the report was due. Further, these reports were submitted only after the Enforcement Office contacted the carrier regarding its delinquency.

We view seriously Israir’s failure to submit its 2004 and 2005 reports in a timely manner. Accordingly, after carefully considering all the facts in this case, including those set forth above, the Enforcement Office believes that enforcement action is warranted. By this order, the Department finds that Israir violated 14 CFR Part 382 and 49 U.S.C. § 41705 by submitting late reports for disability-related complaints received in 2004 and 2005. In order to avoid litigation, Israir has agreed to settle this matter with the Enforcement Office and enter into this consent order directing Israir to cease and desist from future similar violations of Part 382 and 49 U.S.C. § 41705, and assessing $18,000 in compromise of potential civil penalties otherwise due and payable. We believe this compromise assessment is appropriate and serves the public interest. It represents an adequate deterrence to future noncompliance with the Department’s reporting requirements by Israir, as well as by other domestic and foreign air carriers.

By: Rosalind Knapp