DOT 63-04
Contact: Bill Mosley
Friday, April 30, 2004
Tel.: (202) 366-4570

DOT, ATA Airlines Reach Settlement
Over Treatment of Passengers With Disabilities

The U.S. Department of Transportation (DOT) today announced the issuance of an order reflecting a settlement with ATA Airlines regarding the carrier’s treatment of air travelers with disabilities.

The order finds that ATA violated the Air Carrier Access Act (ACAA) and federal regulations by failing to comply with requirements for in-cabin stowage of passengers' folding wheelchairs. The carrier is ordered to cease and desist from future violations of the ACAA and DOT’s rules prohibiting discrimination against passengers with disabilities. The order also assesses a civil penalty of $120,000 against the carrier.
“With this settlement, the department sends a clear signal that it is committed to improving access to air travel for passengers with disabilities,” said U.S. Transportation Secretary Norman Y. Mineta.  
DOT rules require that aircraft ordered after April 5, 1990 or delivered after April 5, 1992 and containing 100 or more passenger seats have a priority space in the cabin for stowage of at least one folding wheelchair. In February 2003, the Enforcement Office launched an investigation of ATA’s compliance with these rules after it learned that aircraft in the carrier’s fleet might not have the required in-cabin stowage space to accommodate a standard-size wheelchair. This investigation revealed that a number of ATA’s aircraft did not have priority space in the cabin designated for stowage of a passenger’s standard-size folding wheelchair as required by ACAA regulations.

The settlement requires ATA to provide the required wheelchair stowage space in the future in addition to assessing a $120,000 civil penalty. According to the settlement, ATA may offset $110,000 of the civil penalty by improving its service to disabled passengers beyond the requirements of the ACAA rules. ATA will receive credit for installing in all of its aircraft a closet large enough to fit a standard-size folding wheelchair, establishing a one-year quality assurance program in which passengers with disabilities review and provide written reports to ATA regarding the carrier’s ACAA compliance, and improving its website to provide easier access to information about disability-related services.

The department has previously issued enforcement consent orders against several other carriers for violations of the ACAA rules, which combined with today’s actions are part of its ongoing effort to ensure nondiscrimination in air travel based on disability. The text of the order is available via the Internet at http://dms.dot.gov, docket OST-2004-16943.

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