DOT CONSENT ORDERS
February 25, 2016
Violations of the Air Carrier Access Act and 14 CFR Part 382 as unfair and deceptive practices — United Airlines was fined $2,000,000 in civil penalties for violations of the requirements of 14 CFR Part 382 (Part 382) and the ACAA (49 U.S.C. § 41705) for failure to provide passengers with a disability assistance, including assistance with enplaning and deplaning, as well as connecting assistance and assistance in moving within the terminal. To the extent that the ACAA violations occurred in interstate air carrier transportation, United’s actions were also determined to violate the requirements of 49 U.S.C. § 41702 to the extent that the air carrier failed to provide safe and adequate interstate air transportation, and 49 U.S.C. § 41310, which, in part prohibits both domestic and foreign air carriers from unreasonably discriminating against a person in foreign air transportation. United also violated 14 CFR 259.5(b) (6) for its failure to adhere to a customer service plan for the commitment of the air carrier to properly accommodate passengers with disabilities as required by Part 382. The Department of Transportation also held that United’s violations of the ACAA, 14 CFR Parts 259 and 382, as well as 49 U.S.C. §§ 41702 and 41310 constitute unfair and deceptive practices in violation of 49 U.S.C. § 41712. In addition to the $2,000,000 fine, United was ordered to cease and desist from future violations of Part 382 and the ACAA.
Tarmac Delay — United Airlines was fined $750,000 in civil penalties for failure to adhere to assurances contained in its contingency plan for lengthy tarmac delays prohibiting aircraft from remaining on the tarmac for more than three hours for domestic flights and four hours for international flights before allowing passengers to deplane in violation of 14 CFR Part 259 and 49 U.S.C. § 42301. United’s actions were also determined to violate 49 U.S.C. § 41712 prohibiting unfair and deceptive practices. In addition to the $750,000 fine, United was ordered to cease and desist from future violations of 14 CFR Part 259 and 49 U.S.C. §§ 42301 and 41712.
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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