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DOT 25-04
Contact: Bill Mosley
Tuesday, March 9, 2004
Tel.: (202) 366-4570

DOT, Northwest 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 Northwest Airlines regarding the carrier’s treatment of air travelers with disabilities.

The order finds that Northwest 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 $225,000 against the carrier.

“With this settlement, the department sends a clear signal that we all must work to ensure that passengers with disabilities have equal access to air travel,” said U.S. Transportation Secretary Norman Y. Mineta.

DOT rules require carriers to provide in-cabin stowage for at least one passenger’s standard-size folding wheelchair on new aircraft and require carriers to permit the stowage of passengers’ wheelchairs in overhead compartments and under seats if the aircraft has such areas available and stowage can be accomplished in accordance with Federal Aviation Administration safety regulations. DOT's Office of Aviation Enforcement and Proceedings (Enforcement Office) has advised carriers that a standard-size folding wheelchair measures 13 inches by 36 inches by 42-50 inches when folded.

The Enforcement Office launched an investigation of Northwest’s compliance with the requirements for in-cabin stowage of passengers' folding wheelchairs in 2002 after it learned that the carrier’s practices might not be consistent with the ACAA rules. As part of its investigation, the Enforcement Office placed 10 calls to the Northwest reservations system and asked if the carrier would allow a passenger to stow a folding wheelchair in one of its aircraft. In all but one of these calls, the reservation agent said Northwest’s aircraft could not accommodate a passenger’s folding wheelchair inside the cabin. In discussions with Northwest, the carrier acknowledged that its designated priority spaces were too small to stow a standard-size folding wheelchair, but added that it plans to create a new, larger priority space on its aircraft.

According to the settlement, Northwest may offset $205,000 of the civil penalty by installing a new closet large enough to fit a standard-size folding wheelchair on the carrier’s 27 Airbus A319 and A320 aircraft not now required to comply with the rule. The consent order also requires Northwest to ensure that each aircraft with 100 or more passenger seats that it orders in the future has a closet within the passenger cabin to stow one standard-size folding wheelchair.

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-2003-16943.

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