Order 2013-12-4

 

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Sixth day of December, 2013

American Airlines, Inc. Docket OST 2013-0004

Violations of 49 U.S.C. §§ 41705 and 41712

and 14 CFR Part 382 Served December 6, 2013

CONSENT ORDER

This order concerns violations by American Airlines, Inc., (American) of the 

requirements of 14 CFR Part 382 (Part 382), the Department of Transportation’s 

(Department) regulation implementing the Air Carrier Access Act (ACAA), 49 U.S.C. 

§ 41705, with respect to its transportation of an individual with a disability (Mr. D1

). 

Violations of Part 382 also violate the ACAA, and violations of the ACAA and Part 382 

also constitute an unfair and deceptive practice in violation of 49 U.S.C. § 41712. This 

order directs American to cease and desist from future violations of Part 382 and the 

ACAA, and assesses the carrier $20,000 in civil penalties.

BACKGROUND

The Department’s Office of Aviation Enforcement and Proceedings (Enforcement 

Office) conducted an investigation into American’s compliance with Part 382 and the 

ACAA with respect to its improper handling of Mr. D’s electric wheelchair on February 

15, 2012, on a flight from Chicago, Illinois to Washington, D.C.

Mr. D is a qualified individual with a disability, as defined by 14 CFR Part 382, who uses

an electric wheelchair. On February 15, 2012, Mr. D flew on American between Los 

Angeles International Airport (LAX) and Ronald Reagan National Airport (DCA) with a 

connection at Chicago O’Hare International Airport (ORD). At ORD, Mr. D informed 

American personnel on the correct way to properly load his wheelchair onto the aircraft

 1

 Identification of the individual involved in this incident is unnecessary for purpose of this consent order 

and is withheld for privacy reasons. 

 
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for the flight to DCA. Despite these instructions, American personnel failed to correctly 

load the wheelchair. As a result, when Mr. D arrived at DCA, the wheelchair batteries 

had shifted and the wheelchair would not function. According to Mr. D, American 

personnel at DCA had difficulty understanding how the battery sensors should be

properly lined up and how the bumper (cover) should be safely reattached to the

wheelchair, but eventually they reattached the bumper and the wheelchair began to 

function. On Mr. D’s way home, the wheelchair abruptly ceased to operate and, as a 

result, he was thrown face first out of the wheelchair and onto a public sidewalk, which 

resulted in Mr. D sustaining physical injuries.

American admits that Mr. D’s electric wheelchair was loaded incorrectly onto the 

connecting flight to DCA, which caused its batteries to shift. According to American, its 

DCA staff thought they had properly secured the wheelchair’s batteries and bumper.

APPLICABLE LAW

The ACAA and Part 382 prohibit discrimination in the provision of air transportation 

against qualified individuals with disabilities and address how an air carrier should 

handle such a passenger’s assistive device. More specifically, 14 CFR 382.129(b) 

provides that when a wheelchair, other mobility aid, or other assistive device is 

disassembled by an airline for stowage, it must be reassembled and promptly returned to 

the passenger in the condition in which it was received.

ANALYSIS

Mr. D has severe mobility impairments that substantially limit major life activities. At 

ORD, Mr. D advised American personnel as to how his wheelchair should be correctly 

stowed while onboard the aircraft. Upon his arrival at DCA, the wheelchair would not 

operate. American personnel were able to eventually reassemble the wheelchair. 

However, the wheelchair malfunctioned shortly thereafter, causing Mr. D to be thrown 

face first from the wheelchair. Accordingly, American violated section 382.129(b) by 

failing to correctly reassemble Mr. D’s wheelchair and to return it to him in the condition 

in which the carrier received it. 

MITIGATION

In mitigation, American states that it values its customers with disabilities, takes the 

requirements of the ACAA seriously, and is committed to continually evaluating ways to 

enhance its compliance with the ACAA rules. In response to this incident, American 

states that it appointed 110 personnel at stations throughout its system to receive 

enhanced training at either DFW or LAX on wheelchair transportation, disassembly, and 

reassembly. According to American, the training curriculum was developed in

coordination with the Open Doors organization, and was presented by the president of 

that organization. American states that the 110 employees who received the training in 

turn went back to their respective stations and conducted training for their local 

colleagues. American believes that this additional training demonstrates its commitment 
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to comply with the requirements of the ACAA generally, and in particular to ensuring 

that wheelchairs are properly transported while under the care of American’s personnel. 

DECISION

After carefully considering all the known facts in this case, including those set forth 

above by American, we believe that enforcement action is warranted. 

In order to avoid litigation, American has agreed to settle this matter with the 

Enforcement Office and enter into this consent order to cease and desist from future 

similar violations of 14 CFR Part 382 and 49 U.S.C. §§ 41705 and 41712. This order 

directs American to cease and desist from similar violations in the future and assesses a 

civil penalty of $20,000. This assessment is appropriate considering the nature of the 

violation described herein and serves the public interest. It establishes a strong 

deterrence to future similar unlawful practices by American and other carriers.

This order is issued under the authority contained in 49 CFR Part 1.

ACCORDINGLY, 

1. Based on the above discussion, we approve this settlement and the provisions of 

this order as being in the public interest;

2. We find that American Airlines, Inc., violated 14 CFR 382.129(b) by failing to 

return a wheelchair to a passenger with a disability in the condition in which it 

was received;

3. We find that in the instance described in paragraph 2, American Airlines, Inc., 

violated the Air Carrier Access Act, 49 U.S.C. § 41705, and 49 U.S.C. § 41712; 

4. We order American Airlines, Inc., and its successors and assignees to cease and 

desist from further violations of 14 CFR Part 382 and 49 U.S.C. §§ 41705 and 

41712, as described above; 

5. We assess American Airlines, Inc., $20,000 in lieu of civil penalties that might 

otherwise be assessed for the violations described in ordering paragraphs 2 and 3, 

above. Of this total penalty amount, $10,000 shall be due and payable within 

thirty (30) days of the date of the issuance of this order. The remaining portion 

of the civil penalty amount, $10,000, shall become due and payable immediately 

if, within one year of the date of issuance of this order, American Airlines, Inc., 

violates this order’s cease and desist provisions or fails to comply with the 

order’s payment provisions, in which case American Airlines, Inc., may be 

subject to additional enforcement action for violation of this order; and

6. We order American Airlines, Inc., to pay the penalty through Pay.gov to the 

account of the U.S. Treasury in accordance with the instructions contained in the 
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Attachment to this order. Failure to pay the penalty as ordered shall subject 

American Airlines, Inc., to the assessment of interest, penalty, and collection 

charges under the Debt Collection Act and to further enforcement action for 

failing to comply with this order.

This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

 

SAMUEL PODBERESKY

Assistant General Counsel for

Aviation Enforcement and Proceedings