Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.101

QUESTION: WHAT IS MEANT BY A “DISPOSITIVE” RESPONSE” FROM THE CRO TO A WRITTEN COMPLAINT?

ANSWER:

*The word “dispositive” is used in its dictionary sense: “[an action] that disposes of, or settles, a dispute, question, etc.; conclusive; decisive.” It is intended to be the PVO’s final word on the matter.

*The dispositive response should summarize the facts of the matter, as the CRO understands them.

*The dispositive response then says one of two things:

1. The PVO acted in accordance with the regulation, or

2. The PVO did not act in accordance with the regulation.

It is possible that, with respect to some complaints, the CRO will conclude that the PVO acted in accordance with the regulation in some respects but not in others. In any case, the CRO’s responses should explain why the PVOs actions were consistent with the regulation or not.

*If the CRO concludes that the PVO did not act in accordance with the regulation, the response should offer appropriate redress to the passenger.