Advisory Committee on 

Aviation Consumer Protection: 

Implementation of October 

2012 Recommendations

Presenter: Jonathan Dols, Deputy 

Assistant General Counsel

U.S. Department of Transportation 

December 16, 2013
Overview

• Committee report to Secretary : 10-22-

2012

• Secretary’s report to Congress: 3-22-

2013

• Public Docket (DOT-OST-2012-0087)
Recommendation Focus Areas:

• Travelers With Disabilities

• Other Forms of Prohibited Discrimination

• Understanding Contract Terms

• Consumer Air Travel Complaints

• Enhanced Information About Rights

• Pricing Transparency

• Ticket Agent Disclosures

• On-time Performance Reporting for All Carriers
Travelers With Disabilities: 

Recommendations

1. Encourage airlines and airports to take any 

voluntary steps that they believe will result in a better travel experience for travelers with disabilities

2. Encourage airlines and airport personnel to work with TSA to assist travelers who are unable to sit 

during lengthy layovers without their specially made 

wheelchairs 

3. Work with airlines and airports to make their 

kiosks and websites accessible.

4. Require airports and airlines to ensure appropriate access to service animal relief areas at airports.
Travelers With Disabilities:

Actions

1. June 2013, Secretary sent letter to associations for airports and for U.S. and foreign air carriers. 

- Obligation to provide nondiscriminatory service and 

access to air transportation 

- Work with airports and TSA to ensure timely return of customized wheelchairs during lengthy airport 

connections. 

2. September 2013, DOT issues final rule 

establishing kiosk and website accessibility requirements. (78 Fed. Reg. 67882) 

3. Rulemaking governing service relief areas is underway. (NPRM, RIN 2105-AD91)
Other Forms of Prohibited 

Discrimination

Recommendation: 

Remind airlines of their obligation to avoid discrimination on the basis of race, religion, national origin, and gender and 

encourage them to stress this in initial and recurrent training.

Action: 

June 2013, Secretary sent letter to associations for airports and for U.S. and foreign air carriers.

 

 - Obligation to avoid discrimination on the basis of race, 

religion, national origin, or gender.

 - Refers to federal statutes that prohibit such discrimination (49 U.S.C. 40127 and 41310). 

 - Emphasizes the benefits of initial and recurrent training.
Understanding Contract Terms

Recommendation: 

DOT should survey how airlines define certain terms and place this information on DOT’s 

website

Action: 

June 2013, Secretary sent letter to associations for airports and for U.S. and foreign air carriers. 

 - DOT and A4A are developing a glossary of 

commonly used terms.

 - Glossary will be posted on DOT website.
Consumer Air Travel Complaints

Recommendation: 

DOT should provide complainants with contact 

information for the analyst handling the complaint, 

and indicate that this person can be contacted 

concerning the status of the complaint.

Action: 

DOT complaint acknowledgment letters/emails have 

been revised.

- Case number automatically inserted

- Includes central email address, phone number; 

“One business day” reply 
Consumer Air Travel Complaints 2

Recommendation: 

DOT should outline the complaint handling process to 

complainants.

- Advise if it is a potential violation

- Advise that complaint will be sent to carrier, 30/60 days to reply to consumer, contact DOT if consumer does not receive 

a reply by then. 

Action: 

DOT complaint acknowledgment letters/emails now state:

 - whether the subject of the complaint is covered by a DOT rule

- complaint will be sent to carrier for response to consumer

 - 30/60-day legal deadlines
Enhanced Information About 

Rights

Recommendation: 

DOT should place its guidance on consumer 

rights and related FAQs in a prominent 

location on its website.

Actions: 

 1. New FAQs on the Aviation Consumer 

office page

 2. New links to that page from DOT home 

page and “Aviation” page
Pricing Transparency

Recommendation: 

DOT should ensure transparency in air carrier pricing, including ancillary fees.

 

Actions: 

 1. Consumer Rule II requires airline websites to disclose fees for optional services. (14 CFR 399.85)

 2. Consumer Rule III will address the issue of displaying ancillary fees through all sales channels e.g., including GDSs.
Ticket Agent Disclosures

Recommendation: 

Require all ticket agents, including OTAs, to disclose, if 

this is the case, that:

 - they don’t sell tickets for all airlines

 - additional airlines may serve the route being searched

Actions: 

1. Consumer Rule III will address the issue of whether ticket agents, including OTAs, should be required to disclose that they do not sell tickets for all airlines if that 

is the case.

2. Enforcement guidance: “Display of Search Results on Ticket Agent Websites” (August 19, 2013)
On-Time Performance Reporting 

for All Airlines

Recommendation: 

Require on-time performance data to be 

reported by all airlines, not simply those that 

account for 1% of domestic scheduled 

passenger revenue as is currently the case.

Action: 

 Consumer Rule III will address the issue of 

expanding the reporting-carrier pool to 

include smaller carriers.