Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

COMPLAINTS RESOLUTION OFFICIAL ISSUES

39.101

QUESTION: WHAT MEANS MAY BE USED TO COMMUNICATE WITH COMPLAINT RESOLUTION OFFICIALS (CROs)?

ANSWER:

*The regulation specifically mentions contacting CROs in person or via telephone.

*Other equivalent means of communication are permitted, as long as they provide effective communication with the passenger with a disability. For example, a variety of electronic means of communication could work.

*It should be emphasized that leaving a message for a CRO (e.g., voice mail, email) that the CRO would return only later is not sufficient. The means of communication provided must ensure direct, interactive contact between the passenger and the CRO.

39.101

QUESTION: WHAT IS MEANT BY A “DISPOSITIVE” RESPONSE” FROM THE CRO TO A WRITTEN COMPLAINT?

ANSWER:

*The word “dispositive” is used in its dictionary sense: “[an action] that disposes of, or settles, a dispute, question, etc.; conclusive; decisive.” It is intended to be the PVO’s final word on the matter.

*The dispositive response should summarize the facts of the matter, as the CRO understands them.

*The dispositive response then says one of two things:

1. The PVO acted in accordance with the regulation, or

2. The PVO did not act in accordance with the regulation.

It is possible that, with respect to some complaints, the CRO will conclude that the PVO acted in accordance with the regulation in some respects but not in others. In any case, the CRO’s responses should explain why the PVOs actions were consistent with the regulation or not.

*If the CRO concludes that the PVO did not act in accordance with the regulation, the response should offer appropriate redress to the passenger.

39.103

QUESTION: MAY CROs MAKE INTERIM RESPONSES TO COMPLAINTS?

ANSWER:

*Complaints should be as detailed and specific as possible, and should be filed as soon as possible after the matter that gave rise to the complaint.

*If a written complaint is filed more than 45 days after the matter giving rise to the complaint, the CRO is not required to respond.

*If the complaint does not have enough information to permit the CRO to make a decision, or if the CRO needs to make an extended factual inquiry to determine the facts of the matter, the CRO may provide an interim response to the complainant, within 30 days of receiving the complaint.

* The interim response should state the reasons for needing additional time and inform the complainant of when the CRO expects to issue a determination.

*Overuse or abuse of interim responses (e.g., routine issuance of interim responses because of insufficient resources to respond in a timely manner) may result in a finding of noncompliance.