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U.S. Department of Transportation Imposes Civil Penalty on Foreign Air Carrier for Failure to File Disability-Related Complaint Reports in a Timely Manner

Patrick R. Rizzi

Patrick R. Rizzi,

Washington, D.C.

14 November 2012
The U.S. Department of Transportation (“DOT”) has imposed a civil penalty of $20,000 on AeroSvit, a foreign air carrier, for its failure to file required disability-related complaint reports in a timely manner.  AeroSvitConsentOrder
U.S. Department of Transportation Imposes Civil Penalty on Foreign Air Carrier for Failure to File Disability-Related Complaint Reports in a Timely Manner

Under 14 CFR § 382.157, a carrier covered by the regulation – including foreign air carriers operating passenger service to, from, or within the United States with at least one aircraft having a design capacity of more than 60 passenger seats – must submit an annual report to the DOT summarizing the disability-related complaints that the carrier received during the previous calendar year. These annual reports are due each year on the last Monday in January.

Here, AeroSvit submitted the report for CY 2011 on February 17, 2012, eighteen days late, and the report for CY 2008 on February 25, 2009, four weeks late.  Accordingly, the DOT concluded that AeroSvit had violated 14 CFR  § 382.157 and the Air Carrier Access Act, 49 U.S.C. § 41705. The DOT imposed a civil penalty of $20,000 on AeroSvit, with ½ (or $10,000) suspended and to be forgiven if AeroSvit does not violate § 382.157 within the next year. 

Patrick R. Rizzi

Patrick R. Rizzi,

Washington, D.C.

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