The air carrier access rules sweep aside many restrictions that formerly discriminated against passengers with disabilities:
- A carrier may not refuse transportation to a passenger solely on the basis of a disability.
- Air carriers may not limit the number of individuals with disabilities on a particular flight.
- All trip information that is made available to other passengers also must be made available to passengers with disabilities.
Carriers must provide passage to an individual who has a disability that may affect his or her appearance or involuntary behavior, even if this disability may offend, annoy, or be an inconvenience to crew-members or other passengers.
There are a few exceptions:
- The carrier may refuse transportation if the individual with a disability would endanger the health or safety of other passengers, or transporting the person would be a violation of FAA safety rules.
- If the plane has fewer than 30 seats, the carrier may refuse transportation if there are no lifts, boarding chairs or other devices available which can be adapted to the limitations of such small aircraft by which to enplane the passenger. Airline personnel are not required to carry a mobility-impaired person onto the aircraft by hand.
- There are special rules about persons with certain disabilities or communicable diseases. These rules are covered in the chapter entitled "At the Airport."
- The carrier may refuse transportation if it is unable to seat the passenger without violating the FAA Exit Row Seating rules. See the chapter "On the Plane."
There are new procedures for resolving disputes:
- All carriers are now required to have a Complaints Resolution Official (CRO) immediately available (even if by phone) to resolve disagreements which may arise between the carrier and passengers with disabilities.
- Travelers who disagree with a carrier's actions toward them can pursue the issue with the carrier's CRO on the spot.
- A carrier that refuses transportation to any person based on a disability must provide a written statement to that person within 10 calendar days, stating the basis for the refusal. The statement must include, where applicable, the basis for the carrier's opinion that transporting the person could be harmful to the safety of the flight.
- If the passenger is still not satisfied, he or she may pursue DOT enforcement action.
Getting Advance Information About the Aircraft
Travelers with disabilities must be provided information upon request concerning facilities and services available to them. When feasible this information will pertain to the specific aircraft scheduled for a specific flight. Such information includes:
- Any limitations which may be known to the carrier concerning the ability of the aircraft to accommodate an individual with a disability;
- The location of seats (if any) with movable aisle armrests and any seats which the carrier does not make available to an individual with a disability (e.g., exit rows);
- Any limitations on the availability of storage facilities in the cabin or in the cargo bay for mobility aids or other equipment commonly used by an individual with a disability;
- Whether the aircraft has an accessible lavatory.
Normally, advance information about the aircraft will be requested by phone. Any carrier that provides telephone service for the purpose of making reservations or offering general information must provide comparable services for hearing-impaired individuals, utilizing telecommunications devices for the deaf (TDDs), or text telephones (TTs). The TTs shall be available during the same hours that the general public has access to regular phone service. The response time to answer calls on the TT line shall also be equivalent to the response time available to the general public. Charges for the call, if any, shall be the same as charges made to the general public.
When Advance Notice Can Be Required
Airlines may not require passengers with disabilities to provide advance notice of their intent to travel or of their disability except as provided below. Nonetheless, letting the airline know in advance how they can help you will generally result in a smoother trip.
Carriers may require up to 48 hours advance notice and one hour advance check-in from a person with a disability who wishes to receive any of the following services:
- Transportation for an electric wheelchair on an aircraft with fewer than 60 seats;
- Provision by the carrier of hazardous materials packaging for the battery of a wheelchair or other assistive device;
- Accommodations for 10 or more passengers with disabilities who travel as a group;
- Provision of an on-board wheelchair on an aircraft that does not have an accessible lavatory for persons who can use an inaccessible lavatory but need an on-board chair to do so.
Carriers are not required to provide the following services or equipment, but should they choose to provide them, they may require 48 hours advance notice and a one hour advance check-in:
Where a service is required by the rule, the airline must ensure that it is provided if appropriate notice has been given and the service requested is available on that particular flight. If a passenger does not meet advance notice or check-in requirements, carriers must make a reasonable effort to accommodate the requested service, providing this does not delay the flight.
If a passenger with a disability provides the required notice but is required to fly on another carrier (for example, if the flight is cancelled), the original carrier must, to the maximum extent feasible, provide assistance to the second carrier in furnishing the accommodation requested by the individual.
It must be recognized that even when a passenger has requested information in advance on the accessibility features of the scheduled aircraft, carriers sometimes have to substitute a different aircraft at the last minute for safety, mechanical or other reasons. It must also be recognized that the substitute aircraft may not be as fully accessible--a condition that may prevail for a number of years. On-board wheelchairs must be available on many aircraft, but it will take a number of years before movable aisle armrests are available on all aircraft with over 30 seats. Similarly, while accessible lavatories must be built into all new wide-body aircraft, they will be put into existing aircraft only when such aircraft are undergoing a major interior refurbishment.
When Attendants Can Be Required
Carriers may require the following individuals to be accompanied by an attendant:
- A person traveling on a stretcher or in an incubator (for flights where such service is offered);
- A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel;
- A person with a mobility impairment so severe that the individual is unable to assist in his or her own evacuation from the aircraft;
- A person who has both severe hearing and severe vision impairments which prevent him or her from receiving and acting on necessary instructions from carrier personnel when evacuating the aircraft during an emergency.
The carrier and the passenger may disagree about the applicability of one of these criteria. In such cases, the airline can require the passenger to travel with an attendant, contrary to the passenger's assurances that he or she can travel alone. However, the carrier cannot charge for the transportation of the attendant.
The airline can choose an attendant in a number of ways. It could designate an-off duty employee who happened to be traveling on the same flight to act as the attendant. The carrier or the passenger with a disability could seek a volunteer from among other passengers on the flight to act as the attendant. The carrier could provide a free ticket to an attendant of the passenger's choice for that flight segment. In the end, however, a carrier is not required to find or furnish an attendant.
The attendant would not be required to provide personal service to the passenger with a disability other than to provide assistance in the event of an emergency evacuation. This is in contrast to the case of the passenger that usually travels accompanied by a personal attendant, who would provide the passenger whatever service he or she requests.
If there is not a seat available on the flight for an attendant, and as a result a person with a disability holding a confirmed reservation is denied travel on the flight, the passenger with a disability is eligible for denied boarding compensation.
For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the person with the disability.
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