DOT ENTERS INTO AGREEMENTS WITH ALASKA/VIRGIN AMERICA, SPIRIT, AND ALL NIPPON AIRWAYS
November 6, 2017
On October 25, 2017, DOT entered into an agreement with Alaska Airlines/Virgin America and Spirit Airlines to expand the availability of airport kiosks accessible to individuals with disabilities. DOT also agreed with All Nippon Airways (ANA) to make the airline’s mobile website accessible for persons with disabilities.
Under DOT rules, airlines are required to ensure that all automated kiosks installed after December 12, 2016 at U.S. airports that process 10,000 annual enplanements or more are accessible. This requirement applies to U.S. and foreign carriers operating to, from, or within the United States until at least 25 percent of the kiosks under their control are accessible in each of the airports where service is conducted. Further, DOT mandated that 25 percent of kiosks must be accessible by December 12, 2023. Airlines are also required to ensure that their websites are accessible, but there is no current requirement for airlines to ensure that their mobile websites are accessible.
Alaska Airlines/Virgin America, Spirit Airlines, and ANA self-reported to the Department. In lieu of penalties and other enforcement action, each airline offered to adopt measures providing accessibility beyond DOT requirements. Spirit agreed to make 50 percent of its kiosks accessible by December 31, 2017. Alaska Airlines/Virgin America agreed to do the same by December 31, 2019. Both airlines will install accessible kiosk models in the future until 100 percent of their kiosks are accessible.
ANA’s agreement with the Department stems from ANA’s previous non-compliance with DOT website accessibility rules. The agreement specifies that ANA will update its current platform as well as conform its mobile site to accessibility rules. Despite no current DOT rule, ANA has agreed to conform to the World Wide Web Consortium (WC3) Mobile Web Best Practices (MWBP) and the airline will consult with individuals with disabilities regarding the mobile site’s accessibility and usability no later than November 2018.
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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