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Order 2008-4-4 Issued and Served April 2, 2008 This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings which revealed the failure of US Airways, Inc. to provide on-time performance information to consumers in violation of 14 CFR Part 234 and 49 U.S.C. § 41712. This order directs US Airways to cease and desist from future similar violations of Part 234 and section 41712, and assesses the carrier $50,000 in civil penalties. The Enforcement Office’s investigation revealed a lack of compliance with section 234.11 by US Airways employees. In a telephone survey conducted, in November 2006, by this office, US Airways reservation agents failed to provide the requested on-time performance information to callers during a number of test calls. In other calls, US Airways reservation agents indicted they did not have on-time performance information or were unfamiliar with its availability. US Airways also did not comply with section 234.11 with respect to calls made to US Airways’ reservation agents regarding the on-time performance of flights operated by US Airways’ connection carrier, Mesa Air Group. This order covers those violations. As for the specific instances referenced by the Department, US Airways avers that it was not provided sufficient detail to exactly identify the root cause of the inability of agents to provide the requested data. According to US Airways, an internal US Airways investigation suggests the reason for the inability of agents to provide the requested data may be tied to the fact that at the time of the phone inquiries US Airways and America West had not yet migrated the two separate reservation systems to a single reservation platform. As a result, US Airways believes that it is possible that different terminology used in the two separate reservation systems training protocols may have caused newer agents not to properly identify the requested data. Despite the existence of these mitigating factors, we view seriously US Airways’ failure to disclose on-time performance information as required by Part 234. Accordingly, after carefully considering all of the facts in this case, including those set forth above, the Enforcement Office believes that enforcement action is warranted. By: Rosalind Knapp |
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