AIR CANADA FINED FOR DISABILITY VIOLATIONS
September 26, 2016
Air Canada violations of 14 C.F.R. Part 382 – Air Canada was fined $225,000 for violations of 14 C.F.R. Part 382 for failing to provide dispositive responses to written disability complaints and for failing to allow passengers with service animals to travel in the cabin. By engaging in the above practices, Air Canada also violated 49 U.S.C. § 41712 which prohibits carriers from engaging in unfair and deceptive practices. More information on the alleged violations is below:
- Failure to Provide Dispositive Responses to Disability Complaints – The Enforcement found that Air Canada’s responses to disability-related complaints frequently failed to inform complainants of their right to pursue enforcement action with DOT. Furthermore, Air Canada regularly failed to specifically admit or deny that a violation of the substantive portions of Part 382 that were at issue in the complaints occurred.
- Service Animal Harness and Training Documentation Policy – In 2008 Air Canada submitted a conflict of law waiver request which requested the Department grant a waiver to the carrier regarding compliance with 14 C.F.R. 382.117. In its request Air Canada stated that section 149 of the Canadian Transportation Agency’s (CTA) Air Transport Regulations (ATR) limited the carrier’s acceptance of service animals to animals that have been trained by specific organizations and are harnessed in-flight. The Department denied the waiver request and a subsequent appeal, noting that the language of CTA’s Air Transport Regulations did not prevent Air Canada from accepting other types of service animals. Upon review of the carrier’s website and personnel training manuals during the regulatory compliance inspection, the Enforcement Office noted that Air Canada had a policy in place that was not in compliance with 14 C.F.R. § 382.117.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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