Prior to the enactment of the Air Carrier Access Act of 1986, accessibility requirements for aircraft were very limited. The rules implementing that law require that new aircraft delivered after April 1992 have the following accessibility features:
- For aircraft with 30 or more passenger seats:
- At least one half of the armrests on aisle seats shall be movable to facilitate transferring passengers from on-board wheelchairs to the aisle seat;
- Carriers shall establish procedures to ensure that individuals with disabilities can readily obtain seating in rows with movable aisle armrests;
- An aisle seat is not required to have a movable armrest if not feasible or if a person with a disability would be precluded from sitting there by FAA safety rules (e.g., an exit row).
- For aircraft with 100 or more seats:
- Priority space in the cabin shall be provided for stowage of at least one passenger's folding wheelchair. (This rule also applies to aircraft of smaller size, if there is a closet large enough to accommodate a folding wheelchair.)
- For aircraft with more than one aisle:
- At least one accessible lavatory (with door locks, call buttons, grab bars, and lever faucets) shall be available which will have sufficient room to allow a passenger using an on-board wheelchair to enter, maneuver, and use the facilities with the same degree of privacy as other passengers.
- Aircraft with more than 60 seats must have an operable on-board wheelchair if
- There is an accessible lavatory, or
- A passenger provides advance notice that he or she can use an inaccessible lavatory but needs an on-board chair to reach it, even if the aircraft predated the rule and has not been refurbished (see below).
An aircraft delivered before April 1992 does not have to be made accessible until its interior is refurbished. At that time the relevant accessibility features shall be added.
Airplanes in the commercial fleet have their seats replaced under different schedules depending on the carrier. At the time when all seats are being replaced on an aircraft with 30 or more passenger seats,half of the aisle seats must be equipped with movable aisle armrests. This shall be done on smaller aircraft to the extent it is not inconsistent with structural, weight, balance, operational or interior configuration limitations.
Similarly, all aircraft undergoing replacement of cabin interior elements or lavatories must meet the accessibility requirements for the affected features, including cabin storage space for a folding wheelchair, and an on-board wheelchair if there is an accessible lavatory (unless prohibited by structural, weight, balance, or configuration limitations).
Seat Assignments
An individual with a disability cannot be required to sit in a particular seat or be excluded from any seat, except as provided by FAA safety rules, such as the FAA Exit Row Seating rule. For safety reasons, that rule limits seating in exit rows to those persons with the most potential to be able to operate the emergency exit and help in an aircraft evacuation. The carrier cannot deny transport, but may deny specific seats to travelers who are less than age 15 or lack the capacity to act without an adult, or who lack sufficient mobility, strength, dexterity, vision, hearing, speech, reading or comprehension abilities to perform emergency evacuation functions. The carrier may also deny specific seats to persons with a condition or responsibilities, such as caring for small children, that might prevent the person from performing emergency evacuation functions, or cause harm to themselves in doing so.
A traveler with a disability may also be denied certain seats if:
- The passenger's involuntary behavior is such that it could compromise safety of the flight and the safety problem can be mitigated to an acceptable degree by assigning the passenger a specific seat rather than refusing service;
- The seat desired cannot accommodate guide dogs or service animals.
In each instance, carriers are obligated to offer alternative seat locations.
Service Animals
Carriers must permit dog guides or other service animals with appropriate identification to accompany an individual with a disability on a flight. Identification may include cards or other documentation, presence of a harness or markings on a harness, tags, or the credible verbal assurance of the passenger using the animal.
If carriers provide special information to passengers concerning the transportation of animals outside the continental United States, they must provide such information to all passengers with animals on such flights, not simply to passengers with disabilities who are traveling with service animals.
Carriers must permit a service animal to accompany a traveler with a disability to any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain clear in order to facilitate an emergency evacuation, in which case the passenger will be assigned another seat.
In-Cabin Service
Air carrier personnel shall assist a passenger with a disability to:
- Move to and from seats as a part of the boarding and exiting process;
- Open packages and identify food (assistance with actual eating is not required);
- Use an on-board wheelchair when available to enable the passenger to move to and from the lavatory;
- Move to and from the lavatory, in the case of a semi-ambulatory person (as long as this does not require lifting or carrying by the airline employee);
- Load and retrieve carry-on items, including mobility aids and other assistive devices stowed on board the aircraft.
Carrier personnel are not required to provide assistance inside the lavatory or at the passenger's seat with elimination functions. The carrier personnel are also not required to perform medical services for an individual with a disability.
Charges for Accommodations Prohibited
Carriers cannot impose charges for providing facilities, equipment, or services to an individual with a disability that are required by DOT's Air Carrier Access regulations. They may charge for optional services, however, such as oxygen and accommodation of stretchers.
Personnel Training
Carriers must provide training on passengers with disabilities for all personnel who deal with the traveling public. This training shall be appropriate to the duties of each employee and will be designed to help the employee understand the special needs of these travelers, and how they can be accommodated quickly, safely, and with dignity. The training must familiarize employees with:
- The Department of Transportation's rules on the provision of air service to an individual with a disability;
- The carrier's procedures for providing transportation to persons with disabilities, including the proper and safe operation of any equipment used to accommodate such persons;
- How to respond appropriately to persons with different disabilities, including persons with mobility, sensory, mental, and emotional disabilities.
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