APPENDIX IV
Recent Department of Transportation Enforcement Orders Related to the Air Carrier Access Act
The following list of orders pertains to administrative enforcement actions conducted by or filed with the Aviation Enforcement and Proceedings (AEP) Office of the Department of Transportation (DOT). These administrative determinations by and large pertain to decisions resulting from enforcement actions against air carriers pursuant to the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulations, 14 CFR part 382, which prohibit discrimination by U.S. air carriers against qualified individuals with disabilities. These orders may be informative in assisting the reader to understand how the ACAA and its implementing regulation have been interpreted by DOT and applied in enforcement actions against air carriers.
The AEP Office’s statutory jurisdiction spans a broad range of regulatory legal issues including civil rights and consumer protection, among others. The AEP issues many and varied types of orders within the scope of its authority. The orders listed in this appendix address only the most recent civil rights enforcement actions under the ACAA, going back to March, 2000 and are not meant to be a complete listing of all ACAA orders issued by the DOT through its AEP Office.
To access these orders, go to www.dot.gov. Click on “Dockets and Regulations,” then “Docket Management System,” and then on “Simple Search.” Type in the last five digits of the docket number pertaining to the order that you are interested in. Using the date the order was issued and/or the order number, scroll through the docket index to identify the order you wish to review and click on the appropriate format in which you wish to retrieve the document.
|
ISSUES |
DATE OF ISSUE |
ORDER # |
DOCKET # |
|
Failure to provide prompt and proper enplaning, connecting, and deplaning assistance primarily to passengers who have mobility impairments |
8/18/04 |
2004-8-19 |
OST-2004-6943 |
|
“Medically-prescribed marijuana” |
5/27/04 |
2004-5-25 |
OST-2003-4808 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
4/30/04 |
2004-4-22 |
OST-2004-16943 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
3/9/04 |
2004-3-4 |
OST-2004-16493 |
|
Failure to provide prompt and proper enplaning, connecting, and deplaning assistance primarily to passengers who have mobility impairments |
12/5/03 |
2003-12-6 |
OST-2003-14194 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
11/13/03 |
2003-11-5 |
OST-2003-14194 |
|
Failure to provide prompt and proper enplaning, connecting, and deplaning assistance primarily to passengers who have mobility impairments |
11/10/03 |
2003-11-4 |
OST- 2003-16507 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
10/8/03 |
2003-10-11 |
OST-2003-14194 |
|
Failure to provide adequate transport, enplaning, and deplaning assistance, wheelchair stowage and damage |
9/8/03 |
2003-9-4 |
OST-2003-14194 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
8/28/03 |
2003-8-30 |
OST- 2003-14194 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
8/28/03 |
2003-8-29 |
OST-2003-14194 |
|
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the cabin |
8/28/03 |
2003-8-28 |
OST-2003-14194 |
|
Prompt and proper enplaning and deplaning assistance |
7/11/03 |
2003-7-12 |
OST-2003-14194 |
|
Prompt and proper enplaning and deplaning assistance |
6/2/03 |
2003-6-3 |
OST-2001-10598 |
|
Prompt and proper enplaning and deplaning assistance |
3/26/03 |
2003-3-1 |
OST-2003-14194 |
|
Prompt and proper enplaning and deplaning assistance |
3/4/03 |
2003-3-1 |
OST-2003-14194 |
|
Special seating accommodations for tall people |
3/19/02 |
2002-7-36 |
OST-2001-8991 |
|
Adequate wheelchair assistance and other required assistance |
2/11/02 |
2002-3-15 |
OST-2002-10598 |
|
Refusal to transport a person with a disability |
8/2/01 |
2001-8-17 |
OST-2001-19598 |
|
Sensitivity to tobacco smoke |
3/12/01 |
2001-3-9 |
OST-2000-7891 |
|
In-cabin wheelchair stowage |
2/7/2001 |
2001-2-6 |
OST-2000-7591 |
|
Refusal to transport a person with a disability |
8/22/00 |
2000-8-18 |
OST-2000-19597 |
|
Prompt and proper enplaning and deplaning assistance; wheelchair stowage |
3/27/00 | 2000-3-24 | OST-99-6111 |
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