[Federal Register: July 19, 2005 (Volume 70, Number 137)]
[Rules and Regulations]
[Page 41481-41530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy05-6]
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Part II
Department of Transportation
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Office of the Secretary
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14 CFR Part 382
Nondiscrimination on the Basis of Disability; Technical Assistance
Manual; Final Rule
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. OST-2005-20952]
Nondiscrimination on the Basis of Disability
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Technical Assistance Manual.
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SUMMARY: This document responds to a Congressional mandate for the U.S.
Department of Transportation to provide a technical assistance manual
to air carriers and individuals with disabilities concerning their
rights and responsibilities under the Air Carrier Access Act and DOT
regulations.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Office of the General
Counsel, Department of Transportation, 400 7th Street, SW., Room 4116,
Washington, DC 20590, 202-366-9342 (voice), (202) 366-0511 (TTY), 202-
366-7152 (fax), blane.workie@dot.gov (e-mail). Arrangements to receive
this notice in an alternative format may be made by contacting the
above named individual.
SUPPLEMENTARY INFORMATION: The Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (AIR-21), which was enacted on April 5,
2000, required, among other things, that DOT provide a technical
assistance manual to air carriers and individuals with disabilities
concerning their rights and responsibilities under the Air Carrier
Access Act (ACAA) and its implementing regulation in 14 CFR part 382
(part 382). See 49 U.S.C. 41705(c). Responding to this legislative
mandate, on April 20, 2005, DOT published a draft Technical Assistance
Manual (TAM) relating to air travel by passengers with disabilities and
requested public comment. (70 FR 20640). DOT received comments from
three trade associations for carriers [Air Transport Association of
America (ATA), Regional Airline Association (RAA), and International
Air Transport Association (IATA)], one U.S. carrier [Delta Air Lines
(Delta)], one foreign carrier [Mexicana Airlines (Mexicana)] and two
individuals for a total of seven comments on the draft TAM. The
Department has revised the TAM based on the public comments received
and to include several clarifications to make the TAM easier to read
and understand.
Discussion of Public Comments
1. General Comments
ATA, IATA, and RAA expressed concern that publication of the TAM at
this time would be premature and suggested delaying its publication
pending the conclusion of the rulemakings regarding part 382, i.e. the
Notice of Proposed Rulemaking (NPRM) extending part 382 to foreign
carriers (69 FR 64364), an NPRM still in preparation to accommodate
passengers who are deaf, hard of hearing and deaf-blind, and an NPRM
still in preparation concerning the needs of passengers who require in-
flight medical oxygen. ATA and RAA argued that finalizing the TAM
before completing the upcoming rulemakings involving part 382 would be
counterproductive and contrary to congressional intent since these
rulemakings would likely require significant revisions to the TAM. IATA
further stated that it cannot comment on the TAM as it views it as a
``work in progress'' that will be subject to several changes in the
future. On the other hand, Mexicana commented that, although the final
rule modifying part 382 to cover foreign air carriers has not yet been
issued, it believed that the TAM would be helpful in assisting and
guiding foreign carriers in implementing programs and policies that
fulfill the general obligations of non-discrimination on the basis of
disability in air travel.
As a separate matter, IATA noted that it found the TAM to be too
lengthy and complex to be easily understood by individuals whose native
language is not English and suggested that DOT develop a plain language
version.
DOT also received comments from members of the general public. One
individual requested that DOT not allow the use of cellular telephones
onboard aircraft in flight. Another commenter implied that DOT is
making changes to its disability rules without public comment/
consultation and appeared to be asking DOT to consult with members of
the public before making any changes to its disability-related
regulations. This commenter also seemed concerned about the risk to his
health or safety if carriers permit an individual who has a
communicable disease or infection to fly on an aircraft and asked that
DOT require carriers to operate ``a safe, healthful plane.''
DOT Response: DOT appreciates the reason that several commenters
recommended that the publication of the TAM be delayed until the
upcoming rulemakings regarding part 382 have been completed. However,
there has already been too lengthy a delay in the publication of this
TAM. Congress required DOT to provide a technical assistance manual to
air carriers and individuals with disabilities in April 2000, and it is
likely that the rulemakings regarding part 382 will not be finalized
until at least 2006. Therefore, DOT opts not to delay completion of the
TAM. The TAM will be revised, as needed, after the rulemakings are
completed.
With regard to the comment that the TAM is too lengthy and the
recommendation that DOT develop a plain language version for use by
individuals whose native language is not English, DOT believes that the
TAM, as written, is straightforward and written in plain English. DOT
does recognize that the TAM is a lengthy document, which is primarily a
result of our effort to ensure that each section of the TAM is a
separate ``stand alone document.'' Because the TAM follows the
chronological path of an air traveler with a disability from making a
reservation through the completion of the trip and each subject is
discussed in the context of the particular stage of the trip, a
particular topic may be raised in more than one section. DOT will
revisit the issue of whether to restructure the TAM for greater
clarity, including using additional ``plain language'' techniques
(e.g., question and answer format) to the extent feasible to improve
the clarity of the TAM, at the time that the TAM is revised to reflect
changes in part 382 that may result from the current and anticipated
rulemakings.
With respect to the comments received from members of the public,
they do not necessitate any changes to the TAM. Cellular telephone
usage on aircraft is not addressed in the TAM and is outside the TAM's
scope. As for the comment regarding consultation with members of the
public prior to the issuance of a disability rule, DOT has always and
will continue to provide public notice of any rulemaking in accordance
with the Administrative Procedure Act (APA). DOT has even gone beyond
APA requirements to provide notice to the public of guidance documents
such as the publication of this TAM in the Federal Register. Finally,
with regard to the comment that DOT mandate carriers to operate a safe
and healthful aircraft, DOT believes that carriers already do provide
such flights for their passengers. Further, the Federal Aviation
Administration (FAA) and not OST is the agency that issues air carrier
safety regulations.
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2. Chapter 1: Understanding How To Use This Manual
One carrier and two carrier associations sought further assurances
from DOT that the TAM's use would not be mandatory and that the TAM
would not expand air carriers' legal obligations under part 382. To
this end, there was a suggestion that DOT add language in the
introduction of the TAM stating clearly that the TAM is a guidance
document and that the TAM's language and examples provided are
consistent with, and do not exceed, current law.
DOT Response: DOT restates its position that the TAM does not
impose additional legal obligations on carriers. Further, as requested,
DOT has added language in the introduction of the TAM to explain that
the TAM does not expand air carriers' legal obligations or establish
new requirements under the law. DOT also clarifies that it is not
mandating the use of the TAM but rather encouraging its use to ensure
the proper implementation of part 382.
3. Chapter 2: Learning the Basics About the Law Protecting Air
Travelers With Disabilities
ATA expressed concern that DOT is creating an impression that a
violation of the ACAA and part 382 occurs in circumstances where an air
carrier chooses to provide ground transportation and overnight
accommodations to passengers because of a flight cancellation but is
unable to provide accessible ground transportation and overnight
accommodations to a passenger with a disability. It further remarked
that air carriers will make every reasonable effort to locate and
provide accessible ground transportation and accommodations but such
accommodations may not always be available. The carrier association
also disputes DOT's interpretation that section 382.39(a)(1) requires
an air carrier to provide personnel to assist passengers with
disabilities in carrying baggage through the airport terminal.
DOT Response: A violation of the ACAA and part 382 does occur in
circumstances where an air carrier chooses to provide ground
transportation and overnight accommodations to passengers because of a
flight cancellation but is unable to provide accessible ground
transportation and overnight accommodations to a passenger with a
disability. Section 382.7(a)(3) prohibits a carrier from excluding a
passenger with a disability from or denying the person the benefit of
any air transportation or related services that are available to other
persons except when specifically permitted by another section of part
382. Further, ground transportation companies and hotels are required
to comply with the Americans with Disabilities Act. As a result,
carriers should not have difficulty in locating accessible ground
transportation and overnight accommodations for a passenger with a
disability. Of course, DOT recognizes that there may be unusual
circumstances under which carriers may not be able to provide
accessible ground transportation and hotel accommodation to a passenger
with a disability but such a failure would still be a violation of the
ACAA and part 382. In such situations, DOT's Aviation Enforcement
Office may choose to use its discretionary power and not pursue
enforcement action if the carrier can demonstrate that it made every
reasonable effort to locate and provide accessible ground
transportation and accommodations but they simply were not available.
With respect to ATA's assertion that section 382.39(a)(1) does not
require carriers to assist passengers with disabilities in carrying
their baggage through the airport terminal, DOT disagrees. DOT believes
that implicit in the requirement to provide enplaning, deplaning and
connecting assistance is the obligation of carriers to assist
passengers with disabilities with carry-on or gate-checked luggage as
they go between connecting flights or between a terminal entrance and a
gate.
4. Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
ATA contends that the example DOT provided of a passenger with a
disability who does not meet the advance notice requirement to check-in
his battery-powered wheelchair and spillable battery is misleading and
misstates the requirement in section 382.33(c) because it implies that
the late-arriving passenger and not the air carrier makes the
determination as to whether the service or accommodation can be
provided without delaying the flight. ATA also strongly disagrees with
the DOT's interpretation that section 382.35 requires an air carrier to
provide free transportation to a person who volunteers to be an
attendant for a disabled passenger that the carrier insists needs an
attendant over the passenger's objection.
Delta expressed serious concerns that the draft TAM states that the
carrier should be able to provide information to a passenger regarding
seats unavailable for use by an individual with a disability (e.g.,
exit row seat) and the location of seats with a movable armrest. Delta
explained that it would not be able to provide information about the
seats on its aircraft if a passenger makes a flight reservation more
than a few days in advance of his/her flight because the specific
location of seats is determined by ship number and the carrier assigns
an aircraft to a specific flight by ship number only two or three days
in advance of the flight. The carrier also asked that the language in
the service animal section be clarified so it is clear that current
regulations require that another seat be offered if a service animal
cannot be accommodated at the passenger's assigned seat only when a
seat exists in the same class of service.
Mexicana objected to language in the draft TAM indicating that
carrier personnel would be required to make a determination as to
whether a communicable disease poses a direct threat to the health or
safety of others by an assessment based on reasonable judgment relying
on ``current medical knowledge'' or the ``best available objective
evidence.'' The carrier expressed concern that this requirement would
be an undue burden and create extensive legal liabilities for the
carrier.
DOT Response: It was not DOT's intention to imply that a late-
arriving passenger who wants to check-in his or her battery-powered
wheelchair would make the determination as to whether the service can
be provided without delaying the flight. Under section 382.33(c), if a
passenger does not meet advance notice or check-in requirements, the
carrier must nonetheless provide the service requested if it can do so
by making a reasonable effort. The advance notice provision allows
carriers sufficient time to prepare to make whatever special
arrangements may be needed to provide certain requested accommodations.
However, if advance notice is not provided, it has always been DOT's
intention that the carrier would make the determination as to whether
it can provide the requested accommodation by making a reasonable
effort. The advance notice example involving Mr. Thomas provided in the
TAM discusses Mr. Thomas' perception that it is feasible to provide the
requested accommodation without delaying the flight but properly states
that the carrier must accommodate Mr. Thomas, his battery-powered
wheelchair and the spillable battery even though Mr. Thomas did not
provide advance notice ``[i]f this is the case,'' i.e., if it is
feasible to provide the requested accommodation without delaying the
flight. In other words, the requirement for a carrier to provide the
requested
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accommodation applies even if advance notice has not been provided if
it can be accomplished through reasonable efforts and this
determination is for the carrier, not a passenger, to make.
DOT has modified the language in the TAM regarding service animals
to clarify that if a service animal cannot be accommodated at the
passenger's assigned seat then a carrier is required to offer that
passenger another seat in the same class of service. The carrier is not
obligated to offer a seat in a better class of service (e.g., first
class seat instead of coach seat) to accommodate the disability.
DOT declines to modify language in the TAM pertaining to
information carriers should provide passengers with a disability
regarding seats unavailable for their use (e.g., exit row seat) and the
location of seats with a movable armrest. The TAM accurately discusses
the requirement in section 382.45(a)(1). It states that accessibility
information pertaining to the specific aircraft scheduled for a
specific flight is required when feasible (emphasis added). In
addition, the non-mandatory word ``should'' rather than ``must'' is
used to describe the carriers' obligation to provide information about
aircraft accessibility for passengers with a disability which leaves
open the possibility that there may be times when carriers would not be
violating 382.45(a)(1) by not providing the requested information
because it was not feasible to do so.
With respect to the comment concerning communicable diseases, DOT
cannot change the TAM provision that carriers make a determination as
to whether a communicable disease poses a direct threat to the health
or safety of others. This requirement is set forth in section
382.51(b)(3) and it would not be appropriate for DOT to change or
modify an existing requirement set forth in part 382 through the TAM.
The TAM is the appropriate vehicle to clarify or explain the
requirements in part 382 to ensure their proper implementation but is
not the appropriate place to add, reduce, or change carriers'
obligations. Requests for change to carriers' current obligations
regarding communicable diseases would be more appropriate for
consideration in a rulemaking process.
With regard to the attendant issue, DOT disagrees with the
commenter and interprets section 382.35 to require a carrier to cover
the cost of transportation for a safety attendant who is required by a
carrier over the objection of a passenger with a disability. Carriers
are required not to charge for the transportation of a safety assistant
(including providing a refund to a ticketed passenger who serves as a
safety assistant) where a carrier's assessment that such assistance is
needed is contrary to a disabled individual's self-assessment.
According to the rule, the attitude of the safety assistant (i.e.,
willingness to volunteer for free) does not matter. The free-
transportation provision for safety attendants is not new and has been
required of carriers since 1990. Of course, the carrier may select the
most cost-effective manner to comply with the requirement whether that
means selecting its own personnel or a non-revenue passenger to serve
as a safety attendant or soliciting volunteer passengers in exchange
for a free one-way ticket.
5. Chapter 5: Assisting Air Travelers With Disabilities Boarding,
Deplaning, and During the Flight
Delta recommended that, in the section that addresses the stowage
and treatment of personal equipment used by passengers with a
disability, DOT include specific citations to the applicable FAA safety
regulations and DOT hazardous materials regulations that govern items
that can and cannot be brought aboard aircraft, e.g., ventilators/
respirators, non-spillable batteries.
Mexicana believes that the language in the TAM regarding assisting
passengers with the use of on-board wheelchairs inaccurately states
that the carrier has the responsibility to transfer a disabled
passenger from his or her seat to the aisle chair to enable him/her to
move to and from the lavatory. Mexicana requested that DOT include
language in the TAM that states that lifting and carrying a passenger
with a mobility impairment from his/her seat to an aisle chair is not
required to comply with section 382.39(b)(3). The carrier argued that
requiring the lifting or carrying of a passenger to the aisle chair
from his/her seat could lead to serious injury to carrier personnel
and/or the passenger.
DOT Response: DOT is not convinced that it would be useful to
provide specific citations to FAA safety and DOT hazardous materials
regulations with respect to items that can and cannot be brought aboard
aircraft because the TAM would need to be amended each time that there
is a change in the FAA safety or DOT hazardous materials regulations.
Also, carriers may unduly rely on the citations provided in the TAM and
not keep up to date on changes in the FAA safety or DOT hazardous
materials regulations that may occur over time.
DOT declines to makes changes to the language in the TAM regarding
assisting passengers with the use of on-board wheelchairs as it
accurately describes the requirement in section 382.39(b)(3). Although
section 382.39(b)(3) does not explicitly state that assisting a
passenger with the use of an on-board wheelchair includes transferring
the passenger from his/her seat to the aisle chair, the preamble of the
originally issued part 382, dated March 6, 1990, does make this point
clearly. 55 FR 8008. The preamble to the 1990 rule contains a detailed
discussion on required carrier personnel assistance to persons using
on-board chairs. It addresses comments from air carrier associations,
similar to the one made by the commenter on the TAM, that carrier
personnel should not be required to assist with the use of an on-board
wheelchair because of risks of injury. DOT decided, in 1990, that an
on-board chair is not a device in which an individual with a disability
can be independently mobile and carrier personnel must assist a
disabled passenger not only by pushing him/her in an on-board chair but
also by lifting the passenger onto the on board aisle chair when
necessary.
6. Appendix III: Frequently Asked Questions
ATA commented that the draft TAM is inaccurate and misleading when
it states that section 382.39 requires carriers (i) to provide
wheelchair enplaning help, on request, from the curb to the airplane on
departure, and from the airplane back out to the curb upon arrival; and
(ii) to assist a disabled passenger in claiming his or her checked
luggage before assisting him/her in a wheelchair to the curb if
requested. ATA noted that these details are not addressed in the
current part 382 and are the subject of the November 4, 2004, NPRM
proposing to revise part 382 to update, reorganize and clarify the rule
and to implement a statutory requirement to cover foreign air carriers
under the ACAA.
DOT Response: DOT disagrees with the commenter and views section
382.39 as requiring enplaning assistance from the curb at the entrance
to the terminal to the aircraft and deplaning assistance from the
aircraft to the curb at the exit of the terminal when requested by a
disabled passenger. This is not a new DOT interpretation. Also, DOT
believes that implicit in the requirement to provide enplaning,
deplaning and connecting assistance is the obligation of carriers to
assist passengers with disabilities with carry-on or gate-checked
luggage as they go between connecting flights or between a terminal
entrance and a gate. DOT acknowledges that these details are
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covered in the November 4, 2004, NPRM as ATA pointed out; however, the
NPRM is making a clarification of an existing requirement and not
proposing to establish a new rule. Indeed, the 2004 NPRM explains that
it is stating the obligation explicitly to avoid any misunderstanding.
Discussion of Changes to TAM Unrelated to Public Comments Received
DOT has made several clarifying changes to the technical assistance
manual proposed on April 20, 2005, that are not based on public
comment. The changes consist primarily of the following: (1) Clarifying
in the example provided in Chapter 2 regarding Adam (a passenger who
has had severe epileptic seizures in the past) that airline personnel
must reasonably believe that there is a real safety risk to him or a
direct threat to other passengers to lawfully deny transport to him;
(2) explaining in the example provided in Chapter 3 under communicable
diseases of a passenger who appears to have chicken pox that airline
personnel should make a determination as to whether the passenger poses
a direct threat to the health or safety of others based on the
seriousness of the health risk and the ease of disease transmittal; and
(3) suggesting in Chapter 6 that whenever a passenger raises a
disability-related concern that carrier personnel should advise the
passenger of the existence of the Department's aviation consumer
disability hotline for resolving issues related to disability
accommodations. DOT believes that these changes to the TAM will make it
a more useful document.
Issued this 8th day of July, 2005, at Washington DC.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation.
What Airline Employees, Airline Contractors, and Air Travelers With
Disabilities Need To Know About Access to Air Travel for Persons With
Disabilities
A Guide to the Air Carrier Access Act (ACAA) and Its Implementing
Regulations, 14 CFR Part 382 (Part 382)
Table of Contents
Chapter 1: Understanding How To Use This Manual
A. Introduction
B. Background
C. Keyword Definitions
Chapter 2: Learning the Basics About the Law Protecting Air Travelers
With Disabilities
Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
A. Advance Notice
B. Information about the Aircraft
C. Mobility Aids and Assistive Devices
D. Service Animals
E. Accommodations for Air Travelers who are Deaf, Hard of Hearing,
or Deaf-Blind
F. Communicable Diseases
G. Medical Certificates: When are they Allowed?
H. Your Obligation to Provide Services and Equipment
I. Attendants
Chapter 4: Assisting Air Travelers With Disabilities at the Airport
A. Accessibility of Terminal Facilities and Services
B. Security Screenings for Air Travelers with a Disability
C. Air Travelers with a Disability Changing Planes
D. Accommodations for Air Travelers who are Deaf, Hard of Hearing,
or Deaf-Blind
E. Attendants
Chapter 5: Assisting Air Travelers With Disabilities Boarding,
Deplaning, and During the Flight
A. Aircraft Accessibility
B. Seating Assignments and Accommodations
C. Boarding and Deplaning Assistance
D. Stowing and Treatment of Personal Equipment
E. Services in the Cabin
F. Safety Briefings
Chapter 6: Assisting Air Travelers With Disabilities With Their
Complaints
A. Complaint Procedures and Complaints Resolution Officials (CRO's)
B. Process to Resolve Complaints
C. General Complaint Resolution Tips
D. Recording, Categorizing, and Reporting Written Disability-related
Complaints Received by Carriers
Chapter 7: Interacting With People With Disabilities
Indices
Alphabetical Index
Part 382 Index
Appendices
I. Tips for Air Travelers With Disabilities
II. Airline Management-Related Issues
III. Frequently Asked Questions
IV. Recent DOT Enforcement Orders Related to the ACAA
V. 14 CFR Part 382
VI. DOT Guidance Concerning Service Animals in Air Transportation
Chapter 1: Understanding How To Use This Manual
A. Introduction
B. Background
C. Keyword Definitions
A. Introduction
Purpose of the Manual
This manual is a guide to the Air Carrier Access Act (ACAA) and its
implementing regulations, 14 CFR part 382 (part 382). It is designed to
serve as a brief but authoritative source of information about the
services, facilities, and accommodations required by the ACAA and the
provisions of part 382. The manual does not expand air carriers' legal
obligations or establish new requirements under the law. It contains
suggested practices and procedures for carriers to use on a voluntary
basis to implement part 382.
The primary purpose of the manual is to help you, employees/
contractors of air carriers and employees/contractors of indirect air
carriers that provide services or facilities to passengers with
disabilities, to assist those passengers in accordance with the law.
Knowing your legal responsibilities will help ensure consistent
compliance with the law and protect the civil rights of air travelers
with disabilities when providing services, facilities, and
accommodations to them.
Throughout the manual, rather than talking about air carriers' or
indirect air carriers' employees/contractors such as yourself in the
third person, the word ``you'' is used. In most instances, the word
``you'' refers to personnel who deal directly with the traveling
public. Moreover, the obligations and responsibilities under the law as
set forth in the manual must be read within the context of each
specific employee's duties on the job.
A second purpose of this manual is to offer air travelers with
disabilities information about their rights under the ACAA and the
provisions of part 382. Accordingly, in addition to the other useful
information in this manual, Appendix I contains a list of ``Tips for
Air Travelers with Disabilities'' to help ensure a smooth and
comfortable trip. In addition, Appendix III provides a list of
``Frequently Asked Questions'' and answers and Appendix IV contains a
list of ``Recent DOT Enforcement Orders Related to the ACAA.'' These
DOT enforcement orders are useful because they provide examples in
which DOT has interpreted some of the provisions of the ACAA and part
382 under particular circumstances.
B. Background
U.S. Air Carriers
In 1986, Congress passed the ACAA, which prohibits discrimination
by U.S. air carriers against qualified individuals with disabilities.
49 U.S.C. 41705. In
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1990, the Department of Transportation (DOT) issued part 382, the
regulations defining the rights of passengers with disabilities and the
obligations of U.S. air carriers under the ACAA. Since then, these
regulations have been amended a number of times. DOT has also issued
guidance to air carriers on the ACAA and part 382 in a variety of ways:
preambles to regulatory amendments, industry letters, correspondence
with individual carriers or complainants, enforcement actions, Web site
postings, and informal conversations with the public and air carriers.
Foreign Air Carriers
On April 5, 2000, the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (``AIR-21''; Pub. L. 106-181) amended
the ACAA to cover foreign air carriers. Although a final rule modifying
part 382 to cover foreign air carriers has not yet been issued, in May
2000 DOT's Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings (Enforcement Office) issued a notice
informing the public of its intent to use the provisions of part 382 as
guidance in investigating any complaints of non-compliance with the
ACAA by foreign carriers. In addition, in July 2003 DOT amended part
382 by adding a new section, 382.70, that requires both U.S. carriers
and foreign carriers to record and report to DOT on written disability-
related complaints that they receive. At the present time, section
382.70 is the only provision of part 382 that specifically states that
it applies to foreign carriers. Finally, a notice of proposed
rulemaking (NPRM) proposing to extend the other provisions of part 382
to foreign carriers was published on November 4, 2004. Therefore, while
the majority of this manual does not expressly apply to foreign
carriers, they should look to this document and part 382 in satisfying
their general nondiscrimination obligations under AIR-21 and DOT's May
2000 guidance.
Development of Technical Assistance Manual
In 2000, Congress required DOT to create a technical assistance
manual to provide guidance to individuals and entities with rights or
responsibilities under the ACAA. This manual responds to that mandate.
In creating this manual, DOT held meetings with representatives from
the disability community, air carriers, and organizations that contract
with air carriers to provide disability-related services. Those who
attended the meetings made suggestions for this manual. All of these
suggestions have been thoroughly considered by DOT and incorporated
where appropriate.
ACCESS
A step-by-step process for resolving issues involving passengers
with disabilities appears later in this manual. Whether the issue is a
matter of law, customer service, or both, the ACCESS checklist will be
useful in identifying the needs of passengers with disabilities and
determining what accommodations the air carriers are required to
provide as a matter of law. See Chapter 6, section B.
How To Use This Manual
This manual is structured in the same sequence as the steps a
passenger would encounter on a trip, i.e., requirements concerning
Planning a flight,
The airport experience,
Enplaning, deplaning, and making connections,
Services during a flight, and
Responding to disability-related complaints.
This manual contains the following tools to assist you in quickly
and easily finding the answer to your questions:
A Table of Contents at the beginning of the manual;
An Alphabetical Index at the back of the manual; and
A part 382 Index listing the citations to part 382 at the
back of the manual.
Also, the following appendices appear at the end of the manual:
Appendix I: ``Tips for Air Travelers with Disabilities''
as they relate to the most commonly-used accommodations, facilities,
and services that carriers are required to make available to such
passengers;
Appendix II: A list of concerns applicable mainly to air
carrier management, as opposed to frontline customer service personnel;
Appendix III: A list of ``Frequently Asked Questions'' and
answers;
Appendix IV: A list of ``Recent DOT Enforcement Orders
Related to the ACAA'';
Appendix V: The full text of part 382; and
Appendix VI: The DOT document ``Guidance Concerning
Service Animals in Air Transportation.''
Themes of This Manual
Legal Requirements and Customer Service
This manual highlights the difference between actions you must take
according to the law as stated in part 382 and actions that you may
choose to take in an effort to provide superior customer service to
passengers with disabilities. Legal requirements are generally
designated by the words, ``must'' or ``shall'' in the manual. Words
such as ``should'' or ``may'' indicate accommodations that part 382
does not require but that DOT recommends and that you may decide to
provide as a matter of good customer service.
Safety
Where applicable, this manual discusses how to properly and
lawfully consider aircraft and passenger safety when providing
transportation to passengers with disabilities. Part 382 does not
require or authorize you to disregard FAA safety regulations. Where
different treatment of passengers with disabilities or other
restrictions are mandated by an FAA safety regulation, part 382 allows
you to comply with the FAA safety regulation. For example, if an FAA
safety rule provides that only persons who can perform certain
functions can sit in an exit row, then you can request that an
individual unable to perform those functions (regardless of whether
that individual has a disability) sit in another row. If the passenger
refuses, you can properly deny transportation to such passengers.
However, where an optional carrier action that is not required by
FAA rules would result in different treatment of passengers with
disabilities, or in other restrictions, then the ACAA and the
provisions of part 382 prohibit you from implementing the optional
carrier action even if it might ensure safety. For instance, suppose
ABC Airways required only passengers with disabilities--not all
passengers--to provide correct answers to a quiz about the content of a
safety briefing and a passenger with a disability either refused to
respond or failed such a quiz. It would not be appropriate to deny
transportation to a passenger with a disability on such grounds unless
the carrier's policies and procedures consistently treated all
passengers in a similar manner.
In short, part 382 is consistent with FAA safety requirements as it
allows you to follow FAA safety rules and to ensure that the safe
completion of the flight or the health and safety of other passengers
are not jeopardized. Determinations about whether an FAA rule requires
different treatment of a passenger with a disability for safety reasons
often depend on the circumstances you encounter. Therefore, it is
important that you seek information from passengers with disabilities
and their traveling companions and make a reasonable
[[Page 41487]]
judgment considering all available information.
The FAA safety mandates can be found in the Code of Federal
Regulations (14 CFR parts 60 through 139), FAA guidance interpreting
these regulations, and Airworthiness Directives (see http://www.faa.gov
, click on ``Aircraft Guidance'' and then click on
``Airworthiness Directives'').
Security
This manual addresses security procedures, particularly those
enacted after the terrorist hijackings and tragic events of September
11, 2001, which affect or may affect the types of accommodations and
services provided to passengers with disabilities. Similar to the
situation involving FAA safety requirements, part 382 is consistent
with security requirements mandated by the Transportation Security
Administration (TSA). For example, TSA has strict rules as to which
persons can go beyond the screener checkpoints, but these TSA rules are
consistent with part 382 and do not invalidate your obligation to
provide enplaning and deplaning assistance requested by passengers with
disabilities, including assistance beyond screener checkpoints. You do
have discretion in how that assistance is provided. You can provide (i)
a ``pass'' allowing an individual who needs to assist a passenger with
a disability to go through the screener checkpoint without a ticket;
(ii) assistance directly to the passenger; or (iii) both.
Contractors
This manual recognizes the important role that contractors play in
providing services, equipment, and other accommodations to passengers
with disabilities. A contactor is an entity that has a business
arrangement with an air carrier to perform functions that the ACAA and
part 382 would otherwise require the air carrier to perform with its
own employees. Contractors provide a variety of services on behalf of
air carriers in furnishing assistance to persons with disabilities. For
example, contractors often provide wheelchair service, assist
passengers with disabilities on and off aircraft, transport passengers
with disabilities between departure gates, and work as baggage handlers
who handle passengers' wheelchairs and other assistive devices.
Contractors must provide the same services, equipment, and other
accommodations required of an air carrier and its employees by the ACAA
and part 382. As an employee of a contractor, you are therefore
required to follow the mandates of the ACAA and part 382 when providing
services, equipment, and other accommodations to passengers with
disabilities. If you do not follow the mandates of the ACAA and part
382, the air carrier is subject to enforcement action by DOT for your
failure.
C. Keyword Definitions
Following is a list of key words whose definitions will help you
fully understand this manual.
Air Carrier: Any United States company that provides air
transportation, either directly or indirectly or by a lease or any
other arrangement. [Sec. 382.5]
Air Carrier Airport: A public, commercial service airport which
enplanes annually 2,500 or more passengers and receives scheduled air
service. [Sec. 382.5]
Air Transportation: Interstate, overseas, or foreign air
transportation, or the transportation of mail by aircraft, as defined
in the Federal Aviation Act (recodified as 49 U.S.C. 40101 et seq.).
[Sec. 382.5]
Assistive Device: Any piece of equipment that assists a passenger
with a disability in carrying out a major life activity. Assistive
devices are those devices or equipment used to assist a passenger with
a disability in caring for himself or herself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, working, or
performing other functions of daily life. Assistive devices may include
medical devices, medications, and bags or cases used to carry them.
Complaints Resolution Official (CRO): One or more individuals
designated by each air carrier who must be thoroughly familiar with the
requirements of part 382 and the air carrier's policies and procedures
addressing part 382 and the provision of services, facilities, and
accommodations to passengers with disabilities. A CRO must have the
authority to resolve disability-related complaints on behalf of an air
carrier. A CRO must be available to address disability-related
complaints presented by passengers or other individuals. A CRO must be
available [1] in person at the airport; or [2] via telephone or TTY at
all times an air carrier is operating. [Sec. 382.65]
Contractor: A contactor is an entity that has a business
arrangement with an air carrier to perform functions that the air
carrier would otherwise be required to perform with its own employees
under the ACAA and part 382. For example, carriers often have business
arrangements with companies to provide wheelchair service to passengers
with disabilities or to handle baggage. [Sec. 382.7]
Contractor Employee: An individual that works for an organization
that has a business arrangement with one or more air carriers to
provide services, facilities, and other accommodations to passengers
with disabilities. [Sec. 382.7]
Department or DOT or U.S. Department of Transportation: The Federal
agency that works to ensure a fast, safe, efficient, accessible, and
convenient transportation system that meets the Nation's vital national
interests and enhances the quality of life of the American people. DOT
has nine operating administrations, in addition to the Office of the
Secretary of Transportation (OST): Bureau of Transportation Statistics,
Federal Aviation Administration (FAA), Federal Highways Administration,
Federal Railroad Administration, Federal Transit Administration,
Maritime Administration, National Highway Transportation Safety
Administration, Research and Special Programs Administration, and the
St. Lawrence Seaway Development Corporation. [Sec. 382.5] The
responsibility for implementing the ACAA resides in OST.
DOT Disability Hotline or Hotline: The toll free telephone hotline
system that provides general information about the rights of air
travelers with disabilities, responds to requests for information, and
assists air travelers with time-sensitive disability-related issues.
Members of the public may call 1-800-778-4838 (voice) or 1-800-455-9880
(TTY) from 7 a.m. to 11 p.m. Eastern time, seven days a week to receive
assistance regarding air travel by individuals with disabilities.
FAA: The Federal administration that oversees the safety of our
Nation's civil aviation system. Safety is the first and foremost
mission of the FAA and includes the issuance and enforcement of
regulations and standards related to the manufacture, operation,
certification, and maintenance of aircraft. [Sec. 382.5]
Facility: All or any portion of aircraft, buildings, structures,
equipment, roads, walks, parking lots, and any other real or personal
property, normally used by passengers or prospective passengers
visiting or using the airport, to the extent that the carrier exercises
control over the selection, design, construction, or alteration of the
property. [Sec. 382.5]
Indirect Air Carrier: A company not directly involved in the
operation of an aircraft that sells air transportation services to the
general public, such as tour and charter operators. [Sec. 382.5]
[[Page 41488]]
Individual with a Disability: Any individual who:
Has a physical or mental impairment that, on a permanent
or temporary basis,
Substantially limits one or more major life activities,
Has a record of such an impairment, or
Is regarded as having such an impairment. [Sec. 382.5]
Qualified Individual with a Disability: An individual with a
disability who:
Accompanies or meets a traveler using airport facilities;
Seeks information about schedules, fares, or policies;
Attempts to use facilities or services offered to the
general public by an air carrier;
Has a ticket, or makes a good faith attempt to buy a valid
ticket for a flight;
Arrives with a valid ticket for the flight; and
Meets reasonable, nondiscriminatory requirements
applicable to all passengers. [Sec. 382.5]
Service Animal: Any animal that is individually trained or able to
provide assistance to a qualified person with a disability or any
animal shown by documentation to be necessary for the emotional well
being of a passenger. With respect to emotional support animals,
although carriers may require documentation to verify that an animal is
an emotional support animal, such documentation is not required under
the law.
Dogs, cats, and monkeys are among those that have been individually
trained and act as service animals. Service animals may assist people
with disabilities by, for example:
Guiding persons with vision impairments;
Alerting persons with deafness to specific sounds;
Alerting persons with epilepsy of imminent seizure onset;
Pulling a wheelchair;
Assisting persons with mobility impairments with balance;
and
Providing emotional support for persons with disabilities.
[Sec. 382.55]
Text Telephones (TTY) or Telecommunications Devices for the Deaf
(TDD): TTYs, also called TDDs, are devices that allow individuals who
are unable to use a regular telephone to make or receive telephone
calls by enabling them to type their conversations. The TTY benefits
people who are deaf, hard of hearing, or speech impaired and
individuals seeking to communicate with them. The conversation is typed
back and forth and is displayed on a lighted display screen, a paper
print-out in the TTY/TDD device, or a computer screen using specialized
TTY software. A TTY may also be used to place a relay call to a party
with a regular telephone. See Chapter 4, Section D.
Transportation Security Administration (TSA): An administration
within the Department of Homeland Security that is charged with
protecting the security of the Nation's transportation systems to
ensure freedom of movement for people and commerce. The Aviation and
Transportation Security Act, signed into law on November 19, 2001,
brought airport security (including the responsibility to hire, train,
manage, and discipline security screeners) under the direct authority
of the TSA.
Chapter 2: Learning the Basics About the Law Protecting Air Travelers
With Disabilities
What does the Air Carrier Access Act (ACAA) say? The ACAA
prohibits U.S. and foreign air carriers from discriminating against an
air traveler with a disability on the basis of such disability (49
U.S.C. 41705).
What is 14 CFR Part 382 (part 382)? Part 382 is a detailed
set of rules that define air carriers' responsibilities under the ACAA
and ensures that individuals with disabilities will be treated without
discrimination consistent with the safe carriage of all passengers.
Who has to follow part 382? The following organizations
and individuals must comply with part 382: (1) Air carriers and their
employees (e.g., ticket and gate agents, flight attendants, baggage
handlers, pilots, etc.); (2) authorized agents of an air carrier (e.g.,
travel agents); (3) organizations and their employees that have
business arrangements with air carriers to provide disability-related
services (e.g., wheelchair service, baggage handling, etc.); and (4)
indirect air carriers and their employees (e.g., tour operators) that
provide facilities, services, or other accommodations to passengers
with disabilities.
Who is protected by part 382? Part 382 protects three
categories of individuals with disabilities: (1) Individuals who have a
physical or mental impairment that, on a permanent or temporary basis,
substantially limits one or more major life activities; (2) individuals
who have a record of such impairment; and (3) individuals who are
regarded as having such an impairment, whether they have the impairment
or not.
What is a physical or mental impairment?
Physical impairments include (1) physiological disorders or
conditions; (2) cosmetic disfigurements; or (3) anatomical loss
affecting one or more of the following body systems: neurological,
musculoskeletal, special sense organs, respiratory including speech
organs, cardiovascular, reproductive, digestive, genitourinary, hemic
and lymphatic, skin, and endocrine.
Examples of physical impairments include orthopedic, visual,
speech, and hearing impairments, cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV
disease, drug addition, and alcoholism.
Mental impairments include mental or psychological disorders, such
as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities.
Physical characteristics such as the color of one's eyes, hair, or
skin, baldness, and left-handedness do not constitute physical
impairments. Similarly, neither age nor obesity alone constitutes a
physical impairment. Disadvantages due to cultural or economic factors
are not covered by part 382. Moreover, the definition of ``physical or
mental impairment'' does not include personality traits such as poor
judgment or a quick temper, where these are not symptoms of a mental or
psychological disorder.
What is a substantial limitation on major life activities?
To qualify as a ``disability'' under part 382 a condition or disease
must substantially limit a major life activity. Major life activities
include, but are not limited to, activities such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
When does an impairment ``substantially limit'' a major
life activity? There is no absolute standard for determining when an
impairment is a substantial limitation. Some impairments obviously
limit the ability of an individual to engage in a major life activity.
Example 1: A person who is deaf is substantially limited in the
major life activity of hearing.
Example 2: A person with traumatic brain injury may be
substantially limited in the major life activities of: (a) caring
for himself or herself; and (b) working, because of memory
deficiency, confusion, contextual difficulties, and the inability to
reason appropriately.
Example 3: An individual who is paraplegic may be substantially
limited in the major life activity of walking.
[[Page 41489]]
Are temporary mental or physical impairments covered by
part 382? Yes.
Example: While on a skiing trip, Jane breaks her leg and is
placed in a cast that keeps her from bending her leg and walking
without the use of crutches. Jane will eventually recover the full
use of her leg, but in the meantime she is substantially limited in
the major life activity of walking. Because Jane's broken leg will
substantially limit a major life activity for a time, Jane would be
considered to have a disability covered by part 382 during that
time. You would be required to provide her certain services and
equipment under part 382 if requested (e.g., enplaning and deplaning
assistance, connecting wheelchair assistance, seating with
additional leg room in the same class of service to the extent
required by part 382, safe stowage of her crutches in the aircraft
cabin in close proximity to the passenger).
Who is a person with a ``record of'' a disability under
part 382? Part 382 protects individuals from discrimination who have a
``record of'' (history of) a physical or mental impairment that
substantially limits a major life activity or who have been classified,
or misclassified, as having such an impairment. Therefore, individuals
who do not have an actual current impairment that substantially limits
a major life activity would still be protected under part 382 based
upon a past diagnosis (or a misdiagnosis) of an impairment that
substantially limits a major life activity. Individuals with a history
of cancer or epilepsy are examples of people with a record of
impairment.
Example: Adam, a passenger who has had severe epileptic seizures
in the past that rendered him unable to work, is denied
transportation by airline personnel because of their concern that he
may have a seizure on board the aircraft. This denial of
transportation would be unlawful if based solely on the fact that
Adam has had seizures in the past, because epilepsy may be
controlled by medication. Airline personnel can lawfully deny
transport to Adam only if they reasonably believe, based on the
information available, that his seizure disorder poses a real safety
risk to him or direct threat to other passengers.
When is a person ``regarded as'' having a disability? Part
382 also protects an individual who is ``regarded as'' having a
physical or mental impairment that substantially limits a major life
activity, whether or not that person actually has an impairment. People
can be ``regarded as'' disabled if: (1) Their non-limiting or slightly
limiting impairments are viewed by others as substantially limiting;
(2) they have no impairments but are viewed by others as having a
substantially limiting impairment; or (3) their impairments become
substantially limiting because of the attitudes of other people.
Example 1: John, an individual with a mild heart condition
controlled by medication, is denied transportation because airline
personnel believe that flying will cause John to have heart problems
necessitating diversion of the aircraft during flight. John is not
substantially limited in any major life activity by his condition.
John has informed the air carrier personnel that his heart condition
is controlled by medication and that for the past five years he has
flown on a near weekly basis without incident. Even though John does
not actually have an impairment that substantially limits a major
life activity, he is protected by the provisions of part 382 because
he is treated as though he does. The airline personnel's refusal to
provide transportation to John must be reasonable under the facts
and circumstances presented. Arguably, excluding John from the
flight was unreasonable because John had informed the airline
employee that he was taking medication and that he had flown
frequently in the recent past without incident. The reasonableness
of the decision depends on John's credibility and any additional
information provided. Regardless of the reasonableness of the
decision, the airline employee is legally required under section
382.31(e) to provide a written explanation to John within 10
calendar days setting forth the specific safety or other reason(s)
for excluding John from the flight.
Example 2: Karen, an individual born with a prominent facial
disfigurement, has been refused transportation on the grounds that
her presence has upset several passengers who have complained to
gate agents about her appearance. Karen's physical disfigurement
becomes substantially limiting only as a result of the attitudes of
others and she is protected by the provisions of part 382. Refusing
to provide transportation to Karen would violate section 382.31
because you must not refuse to provide transportation to a qualified
individual with a disability, such as Karen, solely because her
appearance may offend or annoy other passengers. As in the example
above, and regardless whether the decision to refuse transportation
was correct, you must provide Karen with a written explanation of
the specific basis for the refusal within 10 calendar days of the
incident.
How do I determine whether a person is an individual with
a disability? Provide an opportunity for the passenger to self-identify
by asking how you can best assist him or her.
How do I assist a passenger with a disability? Ask the
passenger how you can best assist him or her. A passenger with a
disability has the most information about his or her abilities,
limitations, level of familiarity with the airport and airline, and
needs in connection with traveling by air.
May I ask an individual what his or her disability is?
Only to determine if a passenger is entitled to a particular seating
accommodation pursuant to section 382.38. Generally, you may not make
inquiries about an individual's disability or the nature or severity of
the disability. However, you may ask questions about an individual's
ability to perform specific air travel-related functions, such as
enplaning, deplaning, walking through the airport, etc.
Example 1: You may not ask a person, ``What is your
disability?'' You may not ask, ``Do you have diabetes?''
Example 2: You may ask, ``Can you walk from the gate area to
your aircraft seat?'' You may ask, ``Are you able to transfer from
the aisle chair over a fixed aisle seat armrest?'' You may ask,
``Can you walk from this gate to your connecting gate?'' You may ask
(by writing a note if necessary), ``Do you need me to notify you if
I make any announcements over the public address speaker?''
Example 3: Susan asks for a bulkhead seat because the condition
of her leg necessitates her need for greater legroom. You may ask,
``Are you unable to bend your leg or is your leg fused or
immobilized?'' [Sec. 382.38]
What are some of the requirements of part 382 that you
should be aware of? Following are some of the principal requirements of
part 382. It is important to note that the requirements of part 382
listed below are not meant to be exhaustive. Rather, it is a list of
requirements governing situations that you are likely to encounter on a
regular basis.
You must not discriminate against qualified individuals
with a disability. [Sec. 382.7(a)(1)] You must not require a passenger
with a disability to accept special services (including, but not
limited to, pre-boarding) not requested by the passenger. [Sec.
382.7(a)(2)] Instead, you may ask a passenger with a disability if he
or she would like a particular service, facility, or other
accommodation. In addition, you must not exclude a qualified individual
with a disability from or deny the individual the benefit of any air
transportation or related services that are available to other
passengers. [Sec. 382.7(a)(3)] For example, if you choose to provide
ground transportation and overnight accommodations to passengers
because of a flight cancellation, you must ensure that the ground
transportation to the hotel, and the hotel itself, are accessible to a
passenger with a disability.
You must not refuse transportation to a passenger solely
on the basis of a disability. [Sec. 382.31(a)]
You must provide transportation to an individual with a
disability who has an impairment that affects his or her appearance or
results in involuntary behavior except under limited circumstances
specified below. You must provide transportation to such individuals
with disabilities even if the disability may offend, annoy, or
inconvenience crewmembers or other passengers. [Sec. 382.31(b)]
However, if the person's disability results in
[[Page 41490]]
involuntary behavior that would or might be inimical to the safety of
the flight, then the person may properly be refused transportation.
[Sec. 382.31(d)]
You shall not limit the number of individuals with
disabilities on a particular flight. [Sec. 382.31(c)]
If transportation of a passenger with a disability would
endanger the safety of the aircraft or the health or safety of its
passengers or violate an FAA safety regulation, you may refuse
transportation to the individual with a disability. [Sec. 382.31(d)]
You shall not require a passenger with a disability to
travel with an attendant or to present a medical certificate, except in
very limited circumstances. [Secs. 382.35(a) and 382.53(a)]
You shall not exclude a passenger with a disability from
any seat in an exit or other row solely on the basis of his or her
disability except to comply with FAA safety rules. FAA safety rules
establish criteria that must be met in order for a passenger to occupy
a seat in the emergency exit rows. [14 CFR 121.585] If a passenger with
a disability meets these FAA criteria, he or she must be allowed to sit
in an emergency exit row. As with any other passenger, you must look at
the individual passenger with a disability and reasonably assess
whether he or she meets FAA criteria for exit-row seating. [Sec.
382.37(a)]
You must provide timely enplaning, deplaning, and
connecting assistance to passengers with disabilities requesting such
assistance. As part of this duty, you must provide equipment (e.g.,
wheelchairs, electric carts, and aisle chairs) and personnel (e.g.,
individuals to propel wheelchairs and aisle chairs and individuals to
assist passengers with disabilities in carrying and stowing their
baggage). [Secs. 382.39(a)(1) and 382.39(b)(5)]
You must allow a passenger with a disability to stow his
or her cane or other assistive device inside the cabin of the aircraft
close to his or her seat if it fits, consistent with FAA safety rules
on carry-on items. [Sec. 382.41(c)]
You must allow passengers to safely stow their wheelchairs
or parts of wheelchairs (e.g., wheels, seats, etc.) in the overhead bin
or under seats. [Sec. 382.41(e)(1)]
You must ensure that there is space for at least one
passenger with a disability to stow a folding wheelchair in the cabin
of the aircraft if the aircraft has a designed seating capacity of 100
or more seats and the aircraft was ordered after April 5, 1990, or
delivered after April 5, 1992. [Sec. 382.21(a)(2)]
If there is a closet or other approved stowage area for
passengers' carry-on items of sufficient size to accommodate a folding,
collapsible, or break-down wheelchair, the carrier must designate
priority stowage space for at least one wheelchair in that area. A
passenger with a disability who takes advantage of the offer of the
opportunity to pre-board may stow his or her wheelchair in this area
with priority over other carry-on items brought onto the aircraft by
other passengers and flight crew enplaning at the same airport. A
passenger with a disability who does not pre-board may use this space
to stow his or her wheelchair on a first-come, first-served basis along
with other passengers stowing their carry-on items. [Sec. 382.41(e)(2)]
You must have a copy of Part 382 available at every
airport you serve. Upon request by a passenger at the airport, you must
make a copy available for review. [Sec. 382.45(d)]
You must provide blind or visually-impaired passengers and
passengers who are deaf, hard of hearing, or deaf-blind, timely access
to the same information given to other passengers at the airport or on
the airplane. This includes, but is not limited to, information
concerning gate assignments, delayed flights, and safety. [Secs.
382.45(c) and 382.47]
You must allow service animals to accompany passengers
with disabilities in the cabin consistent with FAA safety requirements.
You must allow the service animal to sit in close proximity to its
user, as long as the service animal does not block the aisle or other
emergency evacuation route in violation of FAA safety regulations.
Often this will mean that the service animal will sit under the seat in
front of the disabled passenger to avoid obstructing an aisle or other
space. Some service animals are held by their users in their arms as an
adult would hold a human infant (limited to infants under two years of
age) of roughly the same size. [Sec. 382.55]
You must make available a Complaints Resolution Official
(CRO) at the airport--in person or by telephone or TTY--to address
disability-related complaints that arise during the travel process at
all times when your flights are operating at that airport. You must
provide a CRO to a passenger even if the passenger does not use the
term ``Complaints Resolution Official'' or ``CRO.'' When a passenger
with a disability uses words such as ``supervisor,'' ``manager,''
``boss,'' or ``disability expert'' in connection with resolving a
disability-related issue, you must provide a CRO. [Sec. 382.65]
You must not charge for services that are required by part
382. This means, for example, you must not ask for a tip when providing
wheelchair service to a passenger. You may, however, impose a
reasonable charge for services not required by part 382, i.e., optional
services. Examples of such optional services include medical oxygen for
use on board an aircraft or stretcher service. [Sec. 382.57]
When am I required to provide disability-related
accommodations to an individual? You are required to provide such an
accommodation when: (1) an individual with a disability or someone
acting on his or her behalf, such as a travel companion, family member,
or friend, requests an accommodation required by part 382; or (2) you
offer such a required accommodation to a passenger with a disability
and he or she accepts such accommodation.
Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
A. Advance Notice.
B. Information about the Aircraft.
C. Mobility Aids and Assistive Devices.
D. Service Animals.
E. Accommodations for Air Travelers who are Deaf, Hard of
Hearing, or Deaf-Blind.
F. Communicable Diseases.
G. Medical Certificates: When are They Allowed?
H. Your Obligation to Provide Services and Equipment.
I. Attendants.
A. Advance Notice
You cannot require passengers with disabilities to provide advance
notice of their intention to travel or of their disability except as
provided below. [Sec. 382.33(a)]
Advance Notice Only for Particular Services and Equipment
You may require up to 48 hours' advance notice and one hour's
advance check-in from a passenger with a disability who wishes to
receive the following services:
Transportation for a battery-powered 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; and
Provision of an on-board wheelchair on an aircraft that
does not have an accessible lavatory for passengers with disabilities
who can use an inaccessible lavatory but need an on-board chair to do
so. [Secs. 382.33(b)(5)-(8)]
Example: While making his reservation, a passenger with a
disability gave the
[[Page 41491]]
reservation agent 48 hours' advance notice that he would need an
aisle chair to access the lavatory on his upcoming flight. The
flight is on an aircraft with more than 60 seats and it does not
have an accessible lavatory. During the call, the passenger is made
aware of the fact that the lavatory is inaccessible, but explains
that he can use an inaccessible lavatory as long as he has access to
a carrier-provided aisle chair. Because the passenger has complied
with the advance notice requirement here, normally this information
would have been entered into the passenger's reservation record
(otherwise known as the passenger name record (PNR)) by the carrier
and the request for an aisle chair would have been handled through
that notification process. You are a new gate agent for your carrier
and when this passenger approaches you at the gate more than an hour
before the scheduled departure time of the flight and asks about the
aisle chair, you are not sure how to reply. What should you do?
To begin, as a matter of good customer service, you should tell
the passenger that you are not sure but you will find out for him.
You should ask a colleague and, if necessary, contact a CRO. When
you ask your colleague, you are told that all aircraft with more
than 60 seats in your carrier's fleet maintain an in-cabin aisle
chair. Once you receive this information you should assure the
passenger that an aisle chair is available so he can use the
inaccessible lavatory on the aircraft.
Advance Notice for Optional Services and Equipment
Although carriers are not required to provide the following
services or equipment, if they choose to provide them, you may require
48 hours' advance notice and one hour's advance check-in for:
Medical oxygen for use on board the aircraft;
Carriage of an incubator;
Hook-up for a respirator to the aircraft's electrical
power supply; and
Accommodation for a passenger who must travel on a
stretcher. [Secs. 382.33(b)(1)-(4)]
If appropriate advance notice has been given and the requested
service is available on that particular flight, you must ensure that
the service or equipment is provided.
Make a Reasonable Effort To Accommodate, Even Without Advance Notice
In addition, even if a passenger with a disability does not meet
the advance notice or check-in requirement, you must make a reasonable
effort to furnish the requested service or equipment, provided that
making such accommodation would not delay the flight. [Secs. 382.33(c)
and (e)]
Example 1: Mr. Thomas uses a battery-powered wheelchair. He
travels frequently between Washington, DC, and New York for
business. One day, he finds out that he has an important business
meeting in New York and must travel up to New York that afternoon.
He has no time to provide advance notice regarding the
transportation of his battery-powered wheelchair and arrives at the
gate 45 minutes before his flight is scheduled to depart. The
aircraft for the flight has fewer than 60 passenger seats. What
should you do?
Carriers may require 48 hours' advance notice and one-hour
advance check-in for transportation of a battery-powered wheelchair
on a flight scheduled to be made on an aircraft with fewer than 60
seats. Carriers may require the same advance notice for provision of
hazardous materials packaging for a battery. However, airline
personnel are required to make reasonable efforts to accommodate a
passenger who fails to provide the requisite notice to the extent it
would not delay the flight. Therefore, you must make a reasonable
effort to accommodate Mr. Thomas as long as it would not delay the
flight.
Mr. Thomas is a frequent traveler on this particular route and
he knows that usually it is feasible to load, store, secure, and
unload his battery-powered wheelchair and spillable battery in an
upright position [Sec. 382.41(g)(2)] or detach, ``box'', and store
the spillable battery [Sec. 382.41(g)(3)] within about 20-25
minutes. If this is the case, you must accommodate Mr. Thomas, his
battery-powered wheelchair, and the spillable battery even though
Mr. Thomas did not provide advance notice, since doing so would not
delay the flight.
Example 2: Ms. Webster must travel with medical oxygen and
shows up at the airport without providing advance notice of her need
for medical oxygen. As a policy, your carrier does not provide
medical oxygen on any flights. What should you do?
To begin, you should confirm that your carrier does not provide
the optional service of medical oxygen for use on board a flight. If
no medical oxygen service is available on your carrier, you should
explain this to Ms. Webster and tell her that the carrier cannot
accommodate her.
As a matter of customer service, you may direct Ms. Webster to
another carrier that does provide medical oxygen service in that
market. The passenger should be aware, however, that the provision
of medical oxygen involves coordination with the passenger's
physician to determine the flow rate and the amount of oxygen needed
and arranging for the delivery of the oxygen by the carrier to the
point of origin of the passenger's trip. Therefore, normally, it is
not possible to accommodate a passenger who needs medical oxygen on
a flight unless the advance notice is provided because the
accommodation cannot be made without delaying the flight.
If Aircraft Is Substituted, Make an Effort To Accommodate
Even if a passenger with a disability provides advance notice,
sometimes weather or mechanical problems require cancellation of the
flight altogether or the substitution of another aircraft. Under these
circumstances, you must, to the maximum extent feasible, assist in
providing the accommodation originally requested by the passenger with
a disability. [Sec. 382.33(f)]
B. Information About the Aircraft
You should be familiar with and be able to provide information
about aircraft accessibility for passengers with a disability when they
request this information. [Secs. 382.21 and 382.45] When feasible, you
should provide information pertaining to a specific aircraft to be used
for a specific flight. In general, you must take into account safety
and feasibility when seating passengers with disabilities. [Secs.
382.37(a) and 382.38(j)]
If requested, you should be able to provide information on the
following:
Any limitations concerning the ability of the aircraft to
accommodate an individual with a disability;
The location of seats, if any, in a row with a movable
aisle armrest and any seats which the carrier does not make available
to individuals with a disability (e.g., exit rows);
Any limitation 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; and
Whether the aircraft has a lavatory accessible to
passengers with a disability.
C. Mobility Aids and Assistive Devices
If, in assisting a passenger with a disability, a carrier employee
or contractor takes apart the passenger's mobility aid or assistive
device (e.g., a wheelchair), another carrier employee or contractor
must reassemble it and ensure its prompt return to the passenger with a
disability in the same condition in which the carrier received it.
[Secs. 382.43(a) and (b)] You must permit passengers with a disability
to provide written instructions concerning the disassembly and
reassembly of their wheelchairs. [Sec. 382.41(h)] You cannot require
passengers with disabilities to sign a waiver of liability for damage
to or loss of wheelchairs or other assistive devices. [Sec. 382.43(c)]
However, you may note preexisting damage to wheelchairs or other
assistive devices.
D. Service Animals \1\
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\1\ See also Appendix VI.
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A service animal is (i) an animal individually trained and which
performs functions to assist a person with a disability; (ii) an animal
that has been shown to have the innate ability to
[[Page 41492]]
assist a person with a disability, e.g., a seizure alert animal; or
(iii) an emotional support animal. You should be aware that there are
many different types of service animals that perform a range of tasks
for individuals with a disability.
Service Animal Permitted To Accompany Passenger on Flight and at Seat
Assignment
You must permit dogs and other service animals used by passengers
with a disability to accompany the passengers on their flights. In
addition, you must permit a dog or other service animal to accompany a
passenger with a disability to the passenger's assigned seat and remain
there as long as the animal does not obstruct the aisle or other areas
that must remain unobstructed for safety reasons. [Sec. 382.55(a)] The
service animal must be allowed to accompany the passenger unless it
poses a direct threat to the health or safety of others or presents a
significant threat of disruption to the airline service in the cabin.
See also Appendix VI, DOT Guidance Concerning Service Animals in Air
Transportation; FAA Flight Standards Information Bulletin for Air
Transportation (FSAT) 04-01A, ``Location and Placement of
Service Animals on Aircraft Engaged in Public Air Transportation''
http://www.faa.gov/avr/afs/fsat/fsatl.htm.
If Service Animal Cannot Be Accommodated at Assigned Seat
If a service animal cannot be accommodated at the seat of the
passenger with a disability and if there is another seat in the same
class of service where the passenger and the animal can be
accommodated, you must offer the passenger the opportunity to move to
the other seat with the service animal. Switching seats in the same
class of service must be explored as an alternative before requiring
that the service animal travel in the cargo compartment. [Sec.
382.37(c)]
Verification of Service Animals
Under particular circumstances, you may see a need to verify
whether an animal accompanying a passenger with a disability qualifies
as a service animal under the law. You must accept the following as
evidence that the animal is indeed a service animal:
The credible verbal assurances of a passenger with a
disability using the animal,
The presence of harnesses or markings on harnesses,
Tags, or
Identification cards or other written documentation. [Sec.
382.55(a)(1)]
Keep in mind that passengers accompanied by service animals may not
have identification or written documentation regarding their service
animals. See also Appendix VI, DOT Guidance Concerning Service Animals
in Air Transportation.
Carriers may require that passengers traveling with emotional
support animals present current documentation (i.e., dated within a
year of the date of travel) from a mental-health professional stating
that:
The passenger has a mental health-related disability;
The passenger needs the animal for the mental-health
condition; and
The provider of the letter is a licensed mental-health
professional (or a medical doctor) and the passenger is under the
individual's professional care.
Even if you receive sufficient verification that an animal
accompanying a passenger is indeed a service animal, if the service
animal's behavior in a public setting is inappropriate or disruptive to
other passengers or carrier personnel, you may refuse to permit the
animal on the flight and offer the passenger alternative accommodations
in accordance with part 382 and your carrier's policy (e.g., accept the
animal for carriage in the cargo hold).
Example 1: A passenger arrives at the gate accompanied by a pot-
bellied pig. She claims that the pot-bellied pig is her service
animal. What should you do?
While generally speaking, you must permit a passenger with a
disability to be accompanied by a service animal, if you have a
reasonable basis for questioning whether the animal is a service
animal, you may ask for some verification. Usually no written
verification is required.
You may begin by asking questions about the service animal,
e.g., ``What tasks or functions does your animal perform for you?''
or ``What has its training been?'' If you are not satisfied with the
credibility of the answers to these questions or if the service
animal is an emotional support animal, you may request further
verification.
You should also call a CRO if there is any further doubt in your
mind as to whether the pot-bellied pig is the passenger's service
animal.
Finally, if you determine that the pot-bellied pig is a service
animal, you must permit the service animal to accompany the
passenger to her seat as long as the animal doesn't obstruct the
aisle or present any safety issues and the animal is behaving
appropriately in a public setting.
Example 2: A deaf passenger is planning to board the plane with
his service animal. The service animal is a hearing dog and is small
enough to sit on the deaf passenger's lap. While waiting to board
the flight, the hearing dog jumps off the passenger's lap and begins
barking and nipping at other passengers in the waiting area. What
should you do?
Since you have already made the determination that the hearing
dog is a service animal and may accompany the deaf passenger on the
flight, you may reconsider the decision if the dog is behaving in a
manner that seems disruptive and infringes on the safety of other
passengers. You should carefully observe the hearing dog's behavior
and explain it in detail to a CRO (if the CRO is on the telephone).
If, after careful consideration of all the facts presented, the CRO
decides not to treat the dog as a service animal, you should explain
your carrier's policy regarding traveling with animals that are not
being allowed in the passenger cabin as service animals.
Requests for Seat Assignments by a Passenger Accompanied by a Service
Animal
For a disabled passenger traveling with a service animal, you must
provide, as the passenger with a disability requests, either a bulkhead
seat or a seat other than a bulkhead seat. [Sec. 382.38(a)(3)]
If carriers provide special information concerning the
transportation of animals outside the continental United States to any
passengers, you must provide such information to all passengers with a
disability traveling with a service animal on the flights. [Sec.
382.55(a)(3)]
E. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or
Deaf-Blind
If your carrier makes available a telephone reservation and
information service to the public, you must make available a text
telephone (TTY) to permit individuals who are deaf or hard of hearing
to make reservations and obtain information. The TTY must be available
during the same hours as the telephone service for the general public
and the same wait time and surcharges must apply to the TTY as the
telephone service for the general public. [Secs. 382.47(a) and (b)]
F. Communicable Diseases
Passengers With a Communicable Disease Are Permitted on Flight
Except as described below, you must not (i) refuse transportation
to; (ii) require provision of a medical certificate from; or (iii)
impose any condition, restriction, or requirement not imposed on other
passengers on, a passenger with a communicable disease or infection.
[Sec. 382.51(a)]
If Direct Threat to Health or Safety of Others, Limitations May Be
Imposed
Only if a passenger with a communicable disease or infection poses
a direct threat to the health or
[[Page 41493]]
safety of others, can you take any of the actions listed above. [Sec.
382.51(b)(1)] A direct threat means a significant risk to the health or
safety of others that cannot be eliminated by a modification of
policies, practices, or procedures, or by the provision of auxiliary
aids or services.
If you are faced with particular circumstances where you are
required to make a determination as to whether a passenger with a
communicable disease or infection poses a direct threat to the health
or safety of others, you must make an individualized assessment based
on a reasonable judgment, relying on current medical knowledge or the
best available objective evidence. If the presentation of a medical
certificate would alleviate concerns over the passenger's condition, or
reasonable modification of policies, practices, or procedures would
lessen the risk to other passengers, then you should consider this in
making such an individualized assessment. You should also confer with
appropriate medical personnel and a CRO when making this assessment.
If the Passenger Poses a Direct Threat to the Health and Safety of
Others
If, in your estimation, a passenger with a communicable disease or
infection poses a direct threat to the health or safety of other
passengers, you may (i) refuse to provide transportation to that
person; (ii) require that person to provide a medical certificate
stating that the disease at its current stage would not be
transmittable during the normal course of a flight or, if applicable,
describing measures that would prevent transmission during the flight
[Sec. 382.53(c)]; or (iii) impose on that passenger a special condition
or restriction (e.g., wearing a mask). You must choose the least
restrictive of the three options set forth above that would accomplish
the objective. [Sec. 382.51(b)(4)]
At all times, as a matter of good customer service, you should
treat the passenger with courtesy and respect.
G. Medical Certificates: When Are They Allowed?
A medical certificate is a written statement from the passenger's
physician saying that the passenger is capable of completing the flight
safely without requiring extraordinary medical assistance during the
flight. Except under the circumstances described below, you must not
require medical certification of a passenger with a disability as a
condition for providing transportation.
You may require a medical certificate only if the passenger with a
disability is an individual who:
Is traveling on a stretcher or in an incubator (where such
service is offered);
Needs medical oxygen during the flight (where such service
is offered); or
Has a medical condition that causes the carrier to have
reasonable doubt that the passenger can complete the flight safely
without requiring extraordinary medical assistance during the flight.
[Sec. 382.53 (a) and (b)]
Medical Certificate and a Passenger With a Communicable Disease or
Infection
In addition, if you determine that a passenger with a communicable
disease or infection poses a direct threat to the health or safety risk
of others, you may require a medical certificate from the passenger.
[Sec. 382.53(c)(1)] The medical certificate must be dated within 10
days of the flight date. [Sec. 382.53(c)(2)]
In the event that you determine the need for a medical certificate,
you should indicate to the passenger with a disability the reason for
the request. You should base your request on the reasons set forth
under the law and outlined above.
At all times, you should treat the passenger from whom you are
requesting a medical certificate with courtesy and respect.
Example: A passenger arrives at the gate with her six year old
daughter. The girl's face and arms are covered with red lesions,
resembling chicken pox. What should you do?
Generally, you must not refuse travel to, require a medical
certificate from, or impose special conditions on a passenger with a
communicable disease or infection. However, if a passenger appears
to have a communicable disease or infection that poses a direct
threat to the health or safety of other passengers, you may be
required to make a determination about the best course of action
based on the seriousness of the health risk and the ease of disease
transmittal. For a communicable disease or infection to pose a
direct threat, the condition must both be readily transmitted under
conditions of flight and have serious health consequences (e.g.,
SARS). Medical conditions that are easily transmitted in aircraft
cabins but have limited health consequences (e.g., a common cold) as
well as conditions that are difficult to transmit in aircraft cabins
but have serious health consequences (e.g., AIDS) do not pose a
direct threat to the health or safety of passengers.
The first thing you should do is interview the passenger and her
mother to obtain basic information about the girl's condition. This
exchange should be done discreetly and in a courteous and respectful
manner. If you still have a question about the nature of the child's
condition that will impact decisions about transportation, you
should contact a CRO and explain the situation.
Here, the mother tells you and the CRO that the child has
chicken pox but is no longer contagious. The CRO would likely
consult with appropriate medical personnel to verify whether the
child could be contagious based on the mother's statement.
If there is a reasonable basis for believing that the passenger
poses a direct threat to the health or safety of others, you must
choose the least restrictive alternative among the following
options: (i) Refusing transportation to the individual; (ii)
requiring a medical certificate; or (iii) imposing a special
condition or limitation on the individual. If the medical support
people indicate that there is a chance that the child is no longer
contagious but only if a certain number of days have passed since
the outbreak of the lesions, you could request a medical certificate
before you permit the child to travel.
Having discussed the situation with the passenger and her mother
and consulted the CRO and the medical support personnel, the request
for a medical certificate appears to be reasonable under the
circumstances and the least restrictive of the three options.
Keep in mind that section 382.53(c)(2) specifies that the
medical certificate be from the child's physician and state that the
child's chicken pox would not be communicable to other passengers on
the flight. The medical certificate must also include any conditions
or precautions that would have to be observed to prevent the
transmission of the chicken pox to other passengers and be dated
within ten days of the date of the flight. If the medical
certificate is incomplete or if the passenger is attempting to
travel before the date specified in the medical certificate or
without implementing the conditions outlined to prevent
transmission, the child would not be permitted to fly.
H. Your Obligation To Provide Services and Equipment
When assistance getting on or off a plane, making flight
connections, or receiving transportation between gates is requested by
a passenger with a disability, or offered by carrier personnel and
accepted by the passenger, you must provide it. [Sec. 382.39(a)] More
specifically, you must provide, as needed, the following:
Services personnel,
Ground wheelchairs,
Boarding wheelchairs,
Ramps or mechanical lifts. [Sec. 382.39(a)(1)]
Aircraft with more than 60 passenger seats having an accessible
lavatory must be equipped with an operable on-board wheelchair. [Sec.
382.21(a)(4)] On-board wheelchairs must be equipped with footrests,
armrests which are movable or removable, adequate occupant restraint
systems, a backrest height that permits assistance to passengers in
transferring,
[[Page 41494]]
structurally sound handles for maneuvering the occupied chair, and
wheel locks or another adequate means to prevent chair movement during
transfer or turbulence. The on-board wheelchair must be designed to be
compatible with the maneuvering space, aisle width, and seat height of
the aircraft on which it is to be used, and to easily be pushed,
pulled, and turned in the cabin environment. [Sec. 382.21(a)(4)(iii)]
You must permit a passenger with a disability to provide written
instructions and should accept oral advice from the passenger
concerning the disassembly and reassembly of the passenger's
wheelchair. [Sec. 382.41(h)] In addition, you should be familiar with
how (i) a passenger accesses and uses a particular service or piece of
equipment; (ii) the passenger's needs are being met by the service or
piece of equipment; and (iii) that service should be provided or how
that equipment operates, is disassembled, stored properly, and
reassembled. Finally, consistent with good customer service, you should
treat the passenger with a disability with courtesy and respect at all
times by keeping the passenger informed about any problems or delays in
providing personnel or equipment in connection with an accommodation.
Example: A passenger using a battery-powered wheelchair arrives
at the gate and requests that the footrests and joy stick be removed
and stowed. He expresses concern because after his last flight, the
airline personnel initially misplaced one of the components of the
wheelchair when they disassembled it and stored it during the
flight. What should you do?
Presuming the aircraft is the type that can accommodate the
storage of a battery-powered wheelchair, you are required to stow
his wheelchair properly on board and you may, if needed, provide an
aisle chair. As a preliminary matter, you should receive training
from your carrier on the use of equipment and services for
passengers with a disability, including battery-powered wheelchairs.
In addition to the formal training, it is worthwhile to review with
the passenger how best to meet his needs. For example, you should
ask the passenger to review the procedure for disassembling the
wheelchair, storing parts during the flight, and reassembling the
wheelchair. Once you are clear about the process, you should
communicate with the appropriate employees to ensure that they
understand the passenger's needs with respect to his battery-powered
wheelchair. Your carrier should have a policy and process for
ensuring that the battery-powered wheelchair is returned to the
passenger at his destination in the same condition in which it was
received by the carrier. Problems concerning the reassembly of
expensive battery-powered wheelchairs can be minimized by following
section 382.41(g)(2), which governs the proper storage of such
wheelchairs. See also Chapter 5, Section D.
I. Attendants
Except under limited circumstances, you cannot require a person
with a disability to be accompanied by an attendant. [Sec. 382.35(a)]
See Chapter 4, Section E for a discussion of the requirements for an
attendant under the law.
Chapter 4: Assisting Air Travelers With Disabilities at the Airport
A. Accessibility of Terminal Facilities and Services
B. Security Screening for Air Travelers With a Disability
C. Air Travelers With a Disability Changing Planes
D. Accommodations for Air Travelers Who are Deaf, Hard of Hearing,
or Deaf-Blind
E. Attendants
A. Accessibility of Terminal Facilities and Services
All terminal facilities and services owned, leased, or operated by
a carrier at a commercial service airport, including parking and ground
transportation, must comply with the Standards for Accessible Design
under the Americans with Disabilities Act. [Sec. 382.23(e)] These
terminal facilities and services must be accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs. [Sec. 382.23(b)] For example, terminals must provide
accessible inter-terminal transportation systems, e.g., shuttle
vehicles and people movers. [Sec. 382.23(d)]
As appropriate to your specific responsibilities and duties when
dealing with the traveling public and consistent with all carriers'
obligation to ensure training to proficiency [Sec. 382.61(a)], you
should understand how these services and facilities function as well as
their uses by passengers with a disability. You should also know where
they are located within or without the terminal.
Carriers must also ensure that there is an accessible path between
the gate and the area from which aircraft are boarded. [Sec. 382.23(c)]
Carriers shall not (i) restrict the movements of individuals with
disabilities in terminals; (ii) require them to remain in a holding
area or other location in order to receive assistance; or (iii) mandate
separate treatment for individuals with disabilities except as required
or permitted under Part 382. [Sec. 382.55(c)]
B. Security Screening for Air Travelers With a Disability \1\
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\1\ In the wake of the events of September 11, 2001, in most
cases, TSA has taken over for carriers in the area of providing
security screenings of passengers. Should carriers resume this
responsibility or in cases where carriers still retain some
involvement in the security screening process, this section would be
applicable to carriers and contractors of carriers performing this
function.
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Security Screening for Passenger With a Disability Same as for Other
Passengers
You must undertake a security screening of a passenger with a
disability in the same manner as any other passenger. You must not
subject a passenger with a disability who possesses an aid used for
independent travel to a special screening procedure if the passenger
and the aid or assistive device clear security without activating the
security system. [Sec. 382.49(a)]
Screening Mobility Aid or Assistive Device
The statement of the law set forth above would not, however,
prohibit you from examining a mobility aid or assistive device if, in
your judgment, it may conceal a weapon or other prohibited item even if
the mobility aid or assistive device does not activate the security
system.
In the event a passenger's mobility aid or assistive device
activates the security system, you must conduct the security search of
the passenger with a disability in the same manner as you would for
other passengers who activate the system.
If Passenger With a Disability Requests Private Screening
You must not require a private security screening for a passenger
with a disability for any reason different from the reasons other
passengers would be subject to a private security screening. However,
if a passenger with a disability requests a private security screening
in a timely manner, you must provide it in time for the passenger to
board the flight. [Sec. 382. 49(b)] If, however, you are able to
conduct a security screening of a passenger with a disability without
the need for a physical search of the person, you are not required to
provide a private screening. [Sec. 382.49(c)]
Finally, under certain circumstances, safety considerations may
require you to exercise discretion in making the above decisions. You
must always seek assistance from the appropriate designated personnel
in making such a decision.
[[Page 41495]]
C. Air Travelers With a Disability Changing Planes
As an employee of the delivering carrier, on request, you must
provide assistance to a passenger with a disability in making flight
connections and providing transportation between gates. [Sec.
382.39(a)] This is the case regardless whether the delivering carrier
has an interline agreement with the other carrier. Where needed and to
the extent required by law, you must provide services personnel,
wheelchairs, and ramps or mechanical lifts. [Sec. 382.39(a)(1)] Note:
Carriers must not leave a passenger with a disability unattended in a
ground wheelchair or other device in which the passenger is not
independently mobile for more than 30 minutes. [Sec. 382.39(a)(3)]
Example: A passenger who developed a progressive onset of
weakness in his legs during his flight requests a wheelchair when he
deplanes to assist him in making it over to the gate of his
connecting flight. What should you do?
Because the delivering carrier has an obligation to provide
transportation to a passenger with a disability to the gate of his
connecting flight, you must provide timely, accessible ground
transportation so he makes it to his connecting flight. In addition,
you should keep in mind that once the wheelchair service is
provided, you cannot leave the passenger unattended for more than 30
minutes if he is not independently mobile. As a matter of good
customer service, you should treat the passenger with courtesy and
respect throughout this process.
D. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or
Deaf-Blind
Carriers are responsible for ensuring that passengers with
disabilities, including those with vision or hearing impairments,
receive the same information in a timely manner that the carrier
provides to other passengers in the terminal or on the aircraft,
including but not limited to, information about ticketing, flight
delays, schedule changes, connections, flight check-in, gate
assignments and the checking and claiming of luggage. [Sec. 382.45(c)]
Passengers with disabilities who are unable to obtain such information
from the audio or visual system used by carriers in airports or on
aircraft must request such information to be provided in an accessible
manner.
TTY
You must make available a TTY to permit individuals who are deaf or
hard of hearing to obtain information from carriers. See also Chapter
3, Section E. The TTY must be available during the same hours as the
telephone service for the general public and the same wait time and
surcharges must apply to the TTY as the telephone service for the
general public. [Secs. 382.47(a) and (b)] The TTY must also be
available if the passenger who is deaf or hard of hearing wishes to
contact a CRO. [Sec. 382.65(a)(2)] In addition, you should inform the
individual about the DOT Hotline that is accessible by a TTY. You
should be familiar with the use of the TTY and its location(s) within
the terminal.
In addition, you should be aware of the option of using a relay
operator to connect one party who is using a TTY and one party who is
using a voice-operated telephone. By dialing 711 on any telephone (TTY
or voice operated) you can contact a relay operator who serves as a
``go between'' between a person using a TTY and a person using a voice-
operated telephone.
Example: A passenger who is deaf complains to you about another
employee whom she believes has been rude and humiliated her when she
asked for an alternate means of communication because she was unable
to hear what was being said to passengers waiting to board the
flight. What should you do?
As a matter of good customer service, you should apologize to
the passenger for any insensitive behavior on the part of carrier
personnel. In general, you should carefully observe and gauge the
manner in which this passenger who is deaf communicates. When
communicating, try to use the same method, e.g., speaking slowly,
communicating in writing or with the assistance of an aid or device,
etc. Try to find out what happened and what information she missed
by communicating in an accessible manner.
You may also consult with a CRO to see about sign language or
other assistive services that might be available for this passenger.
If the CRO is made available by telephone and the passenger
requests, TTY service must be available for the passenger to
communicate directly with the CRO. You should also notify the
appropriate flight crew regarding ensuring that the transmittal of
information onboard is accessible to this passenger.
E. Attendants
You should know that it is generally not appropriate to require a
passenger with a disability to be accompanied by a personal care
attendant. [Sec. 382.35(a)] Even if you have concerns about a
passenger's ability to access the lavatory or the passenger's need for
extensive special assistance which airline personnel are not obligated
to provide, e.g., assistance in eating, assistance within the lavatory,
or provision of medical services [Sec. 382.39(c)], you must not require
the passenger with a disability to travel with a personal care
attendant except in the circumstances described below.
Safety Considerations May Necessitate an Attendant
In the interests of safety, however, you may require that a
passenger with a disability travel with an attendant as a condition of
receiving air transportation if the passenger is:
Traveling on a stretcher or in an incubator (where such
service is offered);
Mentally disabled and unable to comprehend or respond
appropriately to safety instructions;
Severely impaired with respect to mobility and would be
unable to assist in the passenger's own evacuation from the aircraft;
or
Deaf and severely impaired with respect to vision such
that the passenger could not adequately communicate with airline
employees to permit transmission of the safety briefing. [Secs.
382.35(b)(1)-(4)]
If Carrier Contends That Attendant Is Required for Safety Reasons and
Passenger Disagrees
If, after careful consultation with a CRO and any other personnel
required to be consulted by the carrier, you determine that a passenger
with a disability must travel with an attendant for one of the reasons
described in Section 382.35(b) (see above), then the carrier may
require that the passenger be accompanied by an attendant. If your
decision is contrary to the self-assessment of the passenger with a
disability, then the carrier must not charge for the transportation of
the attendant. [Sec. 382.35(c)] In addition, if no seat is available on
the flight for the attendant whom the carrier has determined to be
necessary and as a result the passenger with a disability with a
confirmed reservation is unable to travel on the flight, the passenger
with a disability is eligible for denied boarding compensation. [Sec.
382.35(d)] For purposes of determining whether a seat is available for
an attendant, the attendant must be deemed to have checked in at the
same time as the passenger with a disability. [Sec. 382.35(e)]
In the event you choose to recruit an attendant to accompany the
passenger with a disability, even though carriers are not obligated to
do so, you may ask (i) an off-duty airline employee traveling on the
same flight to function as the attendant; (ii) a volunteer from among
the other customers traveling on the flight and offer a free ticket for
their assistance; or (iii) the passenger with a disability to choose an
attendant and offer a free ticket.
If the attendant is accompanying a passenger traveling on a
stretcher or in
[[Page 41496]]
an incubator, the attendant must be capable of attending to the
passenger's in-flight medical needs. [Sec. 382.35(b)(1)] Otherwise, the
purpose of the attendant is to assist the passenger with a disability
in an emergency evacuation. Other than the situation set forth above
when an attendant is accompanying a passenger who is on a stretcher or
in an incubator, the attendant is not obligated to provide personal
services to the passenger with a disability such as assistance with
eating or accessing the lavatory.
Example: A passenger with quadriplegia traveling alone
approaches the check-in counter. You have concerns as to whether the
passenger's mobility impairment is so severe that he would be unable
to assist in his own evacuation from the aircraft. What should you
do?
You should begin by communicating with the passenger to
determine the extent of his mobility impairment. As a matter of good
customer service, you should treat the passenger with courtesy and
respect at all times. Under the circumstances, you should contact a
CRO to discuss the situation and determine whether the passenger
must be accompanied by an attendant. You and the CRO could begin by
asking the passenger about his mobility impairment and whether he
would be able to assist with his own evacuation in the event of an
emergency. More specifically, you should determine whether the
passenger has the functional ability to make any progress toward an
exit during an evacuation. If the passenger tells you that his
ability to assist in his evacuation is limited to shouting
``Help!'', you and the CRO should explain to him that the issue is
whether he can physically assist in his own evacuation. If not, he
must travel with an attendant.
If, after speaking with the passenger, you and the CRO determine
that he must be accompanied by an attendant because of his severe
mobility impairment, you should explain this requirement to the
passenger. Next, you should explain that he can choose someone to
serve as his attendant or you can assist him by recruiting an off-
duty employee or another passenger on the flight to serve as his
attendant. You must not charge for the transportation of the
attendant. You should also explain that the purpose of the attendant
is to assist in the case of an emergency evacuation.
Chapter 5: Assisting Air Travelers With Disabilities Boarding,
Deplaning, and During the Flight
A. Aircraft Accessibility
B. Seating Assignments and Accommodations
C. Boarding and Deplaning Assistance
D. Stowing and Treatment of Personal Equipment
E. Services in the Cabin
F. Safety Briefings
A. Aircraft Accessibility
In order to assist passengers with a disability, it is important
for you to have some understanding of how aircraft have been made
accessible to accommodate those passengers. The following features are
required for aircraft ordered by the carrier after April 5, 1990, or
delivered to the carrier after April 5, 1992. In addition, different
size airplanes must be equipped with different features according to
the law. For example:
Aircraft with 30 or more passenger seats must have movable
aisle armrests on at least half of the aisle seats where it is feasible
and it does not interfere with safety. [Secs. 382.21(a)(i) and (ii)]
(Movable armrests are not feasible where tray tables and video
entertainment systems are installed.);
Aircraft with 100 or more passenger seats must have
priority storage space within the cabin to stow at least one
passenger's folding wheelchair [Sec. 382.21(a)(2)] and DOT has
interpreted that to mean a space at least 13 inches wide, 36 inches
high, and 42 inches long;
Aircraft with more than one aisle in which lavatories are
provided must include at least one lavatory accessible to passengers
with a disability accessing the lavatory with an on-board wheelchair
[Sec. 382.21(a)(3)];
Aircraft with more than 60 passenger seats having an
accessible lavatory must be equipped with an on-board wheelchair [Sec.
382.21(a)(4)(i)]; and
Aircraft with more than 60 passenger seats having an
inaccessible lavatory must be equipped with an on-board wheelchair when
a passenger with a disability informs the carrier (providing advance
notice under Sec. 382.33(b)(8)) that the passenger can use an
inaccessible lavatory but cannot reach the lavatory from a seat without
the use of an on-board wheelchair. [Sec. 382.21(a)(4)(ii)]
Aircraft in service on April 5, 1990, are not required to be
retrofitted for the sole purpose of enhancing accessibility. [Sec.
382.21(b)(1)] However, with respect to all aircraft with more than 60
passenger seats operated under 14 CFR part 121, regardless of the age
of the aircraft, carriers must provide on-board wheelchairs if (i) the
aircraft has an accessible lavatory; or (ii) a passenger with a
disability gives up to 48 hours' notice that the passenger can use an
inaccessible lavatory. [Sec. 382.21(b)(2)] Whenever an aircraft
operating under 14 CFR part 121 which does not have the accessibility
features set forth above undergoes replacement of (i) cabin interior
elements or lavatories, or (ii) existing seats with newly-manufactured
seats (i.e., previously unused), the carrier must comply with the
accessibility features set forth above with respect to the feature
being replaced. [Sec. 382.21(c)]
Where Part 382 requires a particular aircraft to have an on-board
wheelchair and a stowage space within the cabin for at least one
passenger's folding wheelchair, that aircraft must have stowage spaces
for both of these chairs and must accommodate both of these chairs as
required by law. [Secs. 382.21(a)(4)(i) and 382.21(a)(2)]
Any replacement or refurbishing of the aircraft cabin must not
reduce existing accessibility to a level below that specified under the
law. [Sec. 382.21(e)] Carriers must maintain aircraft accessibility
features in proper working order. [Sec. 382.21(f)]
B. Seating Assignments and Accommodations
Only Safety Affects Seat Assignments
You must not exclude a passenger with a disability from any seat in
an exit row or other location or require a passenger with a disability
to sit in a particular seat based on the passenger's disability, except
to comply with FAA safety requirements. [Sec. 382.37(a)] If a
passenger's disability results in involuntary behavior that would
result in refusal of transportation under section 382.31 and the safety
problem could be addressed by seating the passenger in a particular
location, you must offer the passenger that particular seat location as
an alternative to refusing transportation. [Sec. 382.37(b)]
Example: A passenger with Tourette's syndrome--a neurological
disability that manifests itself by episodes of shaking, muscle
tics, and/or spasms and uncontrolled shouting, barking, screaming,
cursing, and/or abusive language--approaches the check-in desk,
self-identifies as a passenger with a disability, and presents
brochures explaining the disability to the agent. What should you
do?
As long as safety is not an issue, you cannot restrict this
passenger from any particular seat, including an exit row. If this
passenger's disability causes him to physically touch other
passengers or flight crew involuntarily, safety considerations could
require that he be seated in his own row, if available, as an
alternative to being refused transportation. However, if the
physical and/or verbal manifestations of this passenger's Tourette's
syndrome are such that the safety of others would be jeopardized,
e.g., if the passenger with Tourette's syndrome involuntarily
touches or strikes other passengers or flight crew, it might create
a safety concern. Therefore, refusing transportation could be
appropriate.
Otherwise, although the passenger's conduct may create an
uncomfortable experience for other passengers, if his involuntary
behavior only amounts to an annoyance and not a safety concern, you
[[Page 41497]]
must not restrict the passenger with Tourette's syndrome from any
seating assignment.
Four Specific Situations in Which a Seating Accommodation Must Be
Provided
If a passenger self-identifies as an individual with a disability,
there are four specific situations where you must provide a particular
seating accommodation, if requested. The four situations are as
follows:
If the passenger uses an aisle chair to access the
aircraft and cannot readily transfer over a fixed aisle armrest, you
must provide a seat in a row with a movable armrest if one exists [Sec.
382.38(a)(1)];
If the passenger (i) is a passenger who is traveling with
an attendant who will be performing functions during the flight that
airline personnel are not required to perform, e.g., assistance with
eating [Sec. 382.38(a)(2)(i)]; (ii) is a passenger with a visual
impairment who is traveling with a reader/assistant who will be
performing functions for the passenger during the flight [Sec.
382.38(a)(2)(ii)]; or (iii) is a passenger who is deaf, hard of
hearing, or deaf-blind who is traveling with an interpreter who will be
performing functions for the passenger during the flight, you must
provide a seat for the care attendant next to the passenger with a
disability [Sec. 382.38(a)(2)(iii)];
If the passenger is accompanied by a service animal, you
must provide a bulkhead seat if one exists or a seat other than a
bulkhead seat, depending on the passenger's request [Sec.
382.38(a)(3)]; or
If the passenger has a fused or immobilized leg, you must
provide a bulkhead seat if one exists or other seat with more legroom
than other seats on the side of the aisle that best accommodates the
passenger. [Sec. 382.38(a)(4)]
Regardless of which type of system a carrier uses for handling its
seat assignments, you must provide the required seating accommodation
in the four specific situations described above, if requested. The type
of seat assignment system will determine how a carrier fulfills its
obligation to provide these seating assignments. You should be aware of
your carrier's method for managing seat assignments and be able to
explain it to passengers with disabilities and the general passenger
population depending on the circumstances.
Advance Seat Assignments
Carriers providing advance seat assignments may employ either the
seat ``blocking'' method or the ``priority'' seating method.
Seat ``Blocking'' Method
Carriers may ``block'' an adequate number of seats to provide the
seating accommodations discussed above. If carriers employ this
``block'' method, they must not assign these ``blocked'' seats to
passengers other than the types of passengers entitled to a seating
accommodation discussed above until 24 hours before the scheduled
departure of the flight. At any time up to 24 hours before the flight,
carriers using the ``block'' system must assign a ``blocked'' seat to
any passenger in need of a particular seating accommodation outlined in
the four situations above.
If a passenger with a disability meeting the above requirements
does not make a request for a seating accommodation at least 24 hours
before the scheduled departure of the flight, a carrier using the
``block'' system must provide the requested seating accommodation to
the extent practicable, but is not required to reassign a seat assigned
to another passenger in order to do so. [Secs. 382.38(b)(1)(i), (ii),
and (iii)]
Example: A passenger with a service animal calls you, a
reservation agent, several days before the scheduled departure of
her flight and requests a bulkhead seat. What should you do?
The aircraft has four bulkhead seats, two of which are
``blocked'' under your carrier's reservation system for passengers
traveling with a service animal or passengers with an immobilized
leg. Since the passenger has requested the seating accommodation
more than 24 hours in advance of the scheduled departure of the
flight, you must assign one of the ``blocked'' bulkhead seats to
this passenger with the service animal.
If, on the other hand, the passenger with the service animal
requests the bulkhead seat within 24 hours of the scheduled
departure of her flight, you must provide the bulkhead seat to her
and her service animal to the extent practicable, but you are not
required to reassign a seat already assigned to another passenger in
order to do so.
``Priority'' Seating Method
Carriers may designate an adequate number of ``priority'' seats for
passengers with a disability who meet the above requirements and who
request a seating accommodation. In this case, the carrier must provide
notice to any passenger assigned to a ``priority'' seat (other than
passengers with a disability entitled to a seating accommodation in one
of the four situations discussed above) that they are subject to being
reassigned to another seat if necessary to provide a seating
accommodation required under the law. The carrier may provide this
notice through its computer reservation system, verbal information
provided by reservations personnel, counter signs, seat cards or
notices, frequent-flyer literature, or other appropriate means. [Sec.
382.38(b)(2)(i)] The carrier must provide a ``priority'' seat to a
passenger with a disability entitled to such accommodation if the
passenger requests the accommodation and checks in at least one hour
before the scheduled departure of the flight. If all of the designated
``priority'' seats have been assigned to other passengers who do not
have disabilities, the carrier must reassign the seats of the other
passengers to accommodate the passenger with a disability entitled to a
seating accommodation as discussed above. [Sec. 382.38(b)(2)(ii)]
If a passenger with a disability does not check in at least one
hour before the scheduled departure of the flight, a carrier using the
``priority'' seating system must provide the requested seating
accommodation, to the extent practicable, but is not required to
reassign a seat assigned to another passenger in order to do so. [Sec.
382.38(b)(2)(iii)]
Example: A passenger with an immobilized leg requests a bulkhead
seat and checks in two hours before the scheduled departure of the
flight. Your carrier employs the ``priority'' seating method and has
designated all four bulkhead seats on the aircraft as ``priority''
seating. Three of the bulkhead seats have already been assigned to
three passengers traveling with small service animals who have
requested the seating accommodations and checked in at least an hour
before the scheduled departure of the flight. The fourth
``priority'' bulkhead seat has been assigned to a passenger who also
checked in two hours before the flight and uses an aisle chair to
enplane who prefers the bulkhead seat to a seat in a row with a
movable armrest. What should you do?
The passenger who uses the aisle chair to enplane should have
received notice that she has been assigned a ``priority'' seat.
Because she is not a passenger with an immobilized leg or a
passenger traveling with a service animal, she is not automatically
entitled to a ``priority'' bulkhead seat. (However, she would be
entitled to a ``priority'' seat in a row with a movable armrest if
she requested one and checked in at least an hour before the
scheduled departure of the flight.) The passenger using the aisle
chair to enplane should have been notified that you might have to
reassign her seat if a passenger with a service animal or a
passenger with an immobilized leg requests a ``priority'' bulkhead
seating accommodation and checks in at least one hour before the
scheduled departure of the flight. Accordingly, the passenger using
the aisle chair would be reassigned to a seat in a row with a
movable armrest and the passenger with the immobilized leg would be
assigned to the fourth ``priority'' bulkhead seat.
[[Page 41498]]
Seating Accommodations for Passengers With a Disability Other Than One
of the Four Types Listed Above
Passengers with a disability--other than the types of passengers
with a disability entitled to a seating accommodation in one of the
four specific situations discussed above--may identify themselves as
passengers with a disability and request a seating accommodation. [Sec.
382.38(c)]
In this case, a carrier employing the ``block'' method is not
required to offer one of the ``blocked'' seats when the passenger with
a disability makes a reservation more than 24 hours before the
scheduled departure time of the flight. However, the carrier must
assign the passenger with a disability any seat not already assigned to
another passenger that accommodates the passenger's needs, even if that
seat is not available for assignment to the general passenger
population at the time of the request. [Secs. 382.38(c)(1)(i) and (ii)]
Example: A passenger with arthritis in his spine making his back
extremely stiff calls a week before his flight and asks you, the
reservation agent, for a bulkhead seat. He explains that it is much
easier for him to access a bulkhead seat because he has to be
lowered into the seat with assistance from another person. The
aircraft has six bulkhead seats, two of which are ``blocked'' under
your carrier's reservation system for passengers traveling with
service animals or passengers with immobilized legs. One of the four
remaining bulkhead seats is unassigned when he calls. What should
you do?
Although your carrier normally reserves such seats for its
frequent flier passengers, you must assign the remaining bulkhead
seat to the passenger with arthritis in his spine.
In a similar situation, a carrier using the ``priority'' seating
method must assign the passenger with a disability any seat not already
assigned to another passenger that accommodates the passenger's needs,
even if that seat is not available for assignment to the general
passenger population at the time of the request. If this passenger with
a disability is assigned to a ``priority'' bulkhead seat, he/she is
subject to being reassigned to another seat if necessary to provide a
seating accommodation to a passenger with a disability entitled to a
seating accommodation required under the law, as discussed above. [Sec.
382.38(c)(2)(i) and (ii)]
Example: Suppose the same passenger, with arthritis in his
spine, in Example 1 above, calls your carrier, asking for a bulkhead
seat, but your carrier uses the ``priority'' seating method. The
aircraft has six bulkhead seats, two of which are ``priority'' seats
for passengers traveling with service animals or passengers with
immobilized legs. At the time of the call, all four of the other
``non-priority'' bulkhead seats have been assigned to other
passengers, but the two ``priority'' seats are unassigned. What
should you do?
You should assign the passenger with arthritis in his spine one
of the two ``priority'' seats, but you must notify him that he may
have his ``priority'' seat reassigned if another passenger who is
entitled to a ``priority'' seat requests one. On the day of the
flight, a passenger with a service animal and a passenger with a
fused leg show up for the same flight and request bulkhead seats. In
this instance, the passenger with arthritis in his spine would be
informed that his ``priority'' seat must be assigned to one of those
passengers and that he must be moved to another seat. As a matter of
good customer service, he may be assigned an aisle seat because it
would make it easier to access.
No Advance Seat Assignments
If a carrier does not provide advance seat assignments, you must
allow passengers who identify themselves as passengers with a
disability in need of a seating accommodation to pre-board--even before
other passengers entitled to pre-board--and select the seat assignment
that best meets their needs. [Sec. 382.38(d)] If a carrier wishes to
comply with this requirement in another way, it must receive written
approval from DOT. [Sec. 382.38(e)]
Other Issues Relating to Seat Assignments
You must provide a seat assignment accommodation when requested by
a passenger with a disability even if the seat is not otherwise
available for assignment to the general passenger population at the
time of the request. [Sec. 382.38(f)] You cannot reassign the seat of a
passenger with a disability who has received a seat assignment to
accommodate a disability in the event of a subsequent request for the
same seat unless the passenger with a disability consents to the
reassignment. [Sec. 382.38(g)]
You must not deny transportation to any individual on a flight in
order to provide a seat accommodation to a passenger with a disability.
[Sec. 382.38(h)] You are also not required to provide more than one
seat per ticket or a seat in a class of service other than the one the
passenger has purchased to accommodate a passenger with a disability
requesting a seating accommodation. [Sec. 382.38(i)] You must comply
with all FAA safety requirements in responding to requests from
individuals with a disability for seating accommodations. [Sec.
382.38(j)]
Example: A passenger with an economy class ticket and an
immobilized leg (with a full-leg cast) arrives more than an hour
before his flight is scheduled to depart. He arrives at the check-in
counter, explains his disability, and insists that he is entitled to
a seat in first class to accommodate his extended leg. Your carrier
uses the ``priority'' seating method for advance seat assignments.
What should you do?
Since the passenger has identified himself as a passenger with a
disability and has requested a seat assignment to accommodate him,
you must provide a bulkhead seat or other seat with more legroom
than other seats on the side of the aisle that best accommodates
him. While first class seats generally have more legroom than
economy class seats, you are not required to provide a seat in a
class of service other than the one the passenger has purchased in
order to accommodate him. You should explain politely and
respectfully that under the law, you must seat him in (i) a bulkhead
or (ii) an aisle seat in economy class on the side of the plane that
would best accommodate his leg. At his subsequent request for a
bulkhead seat, you must arrange to move another passenger from the
bulkhead seat and give it to the passenger with the immobilized leg.
Although you are not required to do so under the law, you may choose
to seat him in first class.
C. Boarding and Deplaning Assistance
If a passenger with a disability requests assistance getting on or
off an airplane or you offer assistance and the passenger consents to
the type of boarding or deplaning assistance you offer, you must
provide such assistance. [Sec. 382.39(a)] The type of assistance you
must offer includes, as needed, services personnel and the use of
wheelchairs, ramps, or mechanical lifts. [Sec. 382.39(a)(1)]
Keep in mind, however, that a wheelchair is not required or desired
in all cases. A wheelchair may not be an appropriate assistive device
in a particular situation. For example, a passenger with vision
impairment may need a sighted guide, not a wheelchair.
Carriers must train employees to proficiency in the use of the
boarding assistance equipment and procedures regarding the safety and
dignity of passengers receiving boarding assistance. [Secs. 382.40(d)
and 382.40a(d)] Therefore, regardless of the size of the aircraft, you
should know how to use mechanical boarding assistance devices and the
appropriate procedures for providing boarding assistance.
In addition, you should be aware that when level-entry boarding is
not required or if a lift is temporarily not functioning, you must
obtain the consent of the passenger with a disability to the means of
boarding assistance. [Sec. 382.40(c)(5)] Therefore, in such situations,
you should present the various options and provide only the type of
boarding assistance to which the passenger consents. If the passenger
does not consent to the available means
[[Page 41499]]
of boarding assistance, you should contact a CRO.
You cannot leave a passenger in a boarding wheelchair or other
device in which the passenger is not independently mobile for more than
30 minutes. [Sec. 382.39(a)(3)]
Carriers must provide access to the airplane for a passenger with a
disability by a level-entry loading bridge or accessible passenger
lounges where these means are available. [Sec. 382.39(a)(2)] But
depending on the size of the aircraft, carriers have different
obligations to provide boarding assistance to individuals with a
disability using mechanical lifts, ramps, or other suitable devices
that do not require you to physically lift or carry passengers up
stairs. [Secs. 382.40 and 382.40a]
Boarding and Deplaning Assistance Where Level-Entry Boarding Is
Unavailable
For aircraft with 19 or more seats operating at airports with
10,000 or more annual enplanements where level-entry boarding is not
available [Secs. 382.40(a) and 382.40a(a)], carriers must provide
boarding assistance to passengers with a disability using mechanical
lifts, ramps, or other suitable devices that do not require you to
physically lift or carry passengers up stairs. [Secs. 382.40(b) and
382.40a(b)] In addition, carriers may require that a passenger seeking
boarding assistance by use of a lift check in for the flight one hour
before the scheduled departure time. [Secs. 382.40(c)(3) and
382.40a(c)(3)] You must make a reasonable effort to accommodate the
passenger and provide the boarding assistance by lift even if the
passenger does not check in one hour before the scheduled departure
time, as long as it would not delay the flight.
Boarding assistance by mechanical lift is not required in the
following situations:
On aircraft with fewer than 19 seats;
On float planes;
On the following 19-seat capacity aircraft models that are
unsuitable for boarding assistance by lift: the Fairchild Metro, the
Jetstream 31, and the Beech 1900 (C and D Models);
On any other 19-seat aircraft model determined by DOT to
be unsuitable for boarding assistance by lift; [Sec. 382.40(c)(4)]; or
On any widebody aircraft determined by DOT to be
unsuitable for boarding assistance by lift, ramp, or other device.
If boarding assistance by lift is not required (as set forth above)
or it cannot be provided for reasons beyond the control of the carrier,
e.g., the mechanical lift is not functioning, then boarding assistance
must be provided by any available means, except physically hand-
carrying the passenger. Hand-carrying is defined as directly picking up
the passenger's body in the arms of one or more carrier personnel to
effect a change of level that the passenger needs to enter or leave the
aircraft. [Sec. 382.39(a)(2)]
Except in an Emergency Evacuation, No Hand-Carrying Passengers
Under no circumstances--except for emergency evacuations--should
you physically pick up a passenger with a disability to provide
boarding or deplaning assistance. [Sec. 382.39(a)(2)]
Example: A woman asks for assistance in boarding a flight with
30 seats. General boarding for passengers is by a set of stairs on
the tarmac. When she arrives at the gate and asks for boarding
assistance, she is provided a boarding wheelchair, but you inform
her that the mechanical lift is out of order. The passenger tells
you to physically pick her up and carry her up the stairs and onto
the plane because she really needs to make the flight. What should
you do?
Under the law, you must not physically hand-carry the passenger
onto the plane. Hand-carrying is only appropriate in the case of an
emergency evacuation. Even though the law states that the passenger
must consent to the type of boarding assistance and she has
requested to be hand carried, you must not hand-carry her onto the
aircraft. Instead, you should contact a CRO for advice about options
for alternative means of boarding the passenger, e.g., carrying the
boarding wheelchair, with the passenger in it, up the stairs and
onto the plane. Next, you and the CRO should explain to the
passenger that, under the law, you are not permitted to physically
hand-carry her onto the plane. In addition, you should explore other
available options for assisting this passenger with boarding the
aircraft, including carrying the passenger onto the plane in a
boarding wheelchair or arranging for another flight with a working
lift or a jet bridge. If the passenger consents to being carried
onto the plane in the boarding wheelchair, you may do so.
Regardless, you should notify the appropriate personnel that the
mechanical lift is not functioning properly and arrange for repair
as quickly as possible.
D. Stowing and Treatment of Personal Equipment
You should be familiar with the legal requirements for storage and
treatment of personal equipment used by passengers with a disability,
including ventilator/respirators, non-spillable batteries, canes,
wheelchairs, and other assistive devices. [Sec. 382.41]
Storing Assistive Devices in the Aircraft Cabin
You must allow passengers with a disability to bring their personal
ventilators/respirators, including non-spillable batteries, on board
the aircraft as long as FAA safety regulations are met. [Sec.
382.41(b)] You must permit passengers to stow their canes and other
assistive devices in the cabin and close to their seats, consistent
with FAA safety regulations concerning carry-on items. [Sec. 382.41(c)]
Example: Because a passenger with a disability arrived at the
airport late, time and space constraints on board the aircraft
require you to store her assistive walking device in first class,
even though her seat assignment is in the back of the plane in
economy class. She insists that she has the right to have her
assistive walking device stored near her. She explains further that
she would need this device to access and use the lavatory. What
should you do?
You must permit a passenger with a disability to bring her
assistive devices into the cabin as long as FAA safety regulations
are met. [Sec. 382.41(b)] In addition, the rule generally requires
you to allow a passenger to stow her assistive device close to her
seat, consistent with FAA safety regulations concerning carry-on
items. [Sec. 382.41(c)] Under the circumstances, you should reassess
the storage space and consider either moving the passenger closer to
her walker or the walker closer to the passenger.
You must not count assistive devices brought on board the aircraft
by a passenger with a disability toward the limit on the passenger's
carry-on items. [Sec. 382.41(d)] Wheelchairs and other assistive
devices that cannot be stowed in the cabin must be stowed in the
baggage compartment with priority over other cargo and baggage. [Sec.
382.41(f)(3)] In addition, because carriers cannot charge for
facilities, equipment, or services required under the law to be
provided to qualified individuals with a disability, no charge would be
imposed if a wheelchair or assistive device exceeded the weight limit
on checked baggage. [Sec. 382.57]
Example: A passenger with multiple sclerosis is one of many
passengers on a flight who is informed that the flight will not be
taking off because of mechanical problems. It is late at night and
the carrier has announced that the passengers will be put up in a
hotel for the night and rescheduled on a flight leaving the
following morning. The passenger with multiple sclerosis approaches
you when she hears the announcement and explains that she needs
access to her checked luggage because it contains her syringe and
medication for her multiple sclerosis which she must take on a daily
basis. What should you do?
The passenger's syringe and medication would be considered an
assistive device under the law. Under section 382.41(f)(1), because
the passenger requested the return of her assistive device, you must
return it to her. As a matter of customer service, you may also
advise such passengers (e.g., via the carrier's Web site or other
consumer
[[Page 41500]]
information materials) that the carrier recommends to all of its
passengers who require such medication or other items for medical
necessity to bring a carry-on bag containing the medication or other
item on board. Such medication carry-on bags would not be counted
toward the passenger's carry-on baggage allotment.
Wheelchairs
Carriers must permit storage in the cabin of wheelchairs or
components of wheelchairs, including folding, collapsible, or breakdown
battery-powered wheelchairs [Sec. 382.41(e)] as follows:
In overhead compartments and under seats consistent with
FAA safety regulations for carry-on items. [Sec. 382.41(e)(1)]
If the aircraft contains a closet or storage area of a
size sufficient to accommodate a passenger's folding, collapsible, or
breakdown wheelchair, the carrier must designate priority stowage space
for at least one passenger's wheelchair in that area. If a passenger
with a disability decides to pre-board, the passenger may stow the
wheelchair in the designated storage space with priority over the
carry-on items brought on board by other passengers or crew members
boarding the plane at the same airport. If, on the other hand, a
passenger with a disability chooses not to pre-board, the passenger may
stow the wheelchair in the designated storage space on a first-come,
first-served basis along with all other passengers seeking to stow
carry-on items in the space. [Sec. 382.41(e)(2)]
If the aircraft cabin does not contain a storage area of a
size sufficient to accommodate a folding, collapsible, or breakdown
wheelchair, you must stow the wheelchair in the cargo compartment with
priority over other luggage. [Sec. 382.41(e)(3)]
Wheelchairs Unable To Be Stowed in the Aircraft Cabin as Carry-On
When a folding, collapsible, or break-down wheelchair cannot be
stowed in the cabin as carry-on baggage, you must ensure the timely
checking and return of the passenger's wheelchair or other assistive
device as close as possible to the door of the aircraft, so that the
passenger with a disability can use his or her own equipment, where
possible, consistent with DOT regulations concerning transportation of
hazardous materials. [Sec. 382.41(f)]
If, on the other hand, a passenger with a disability requests, you
should return the wheelchair or other assistive device at the baggage
claim area instead of at the door of the aircraft. [Sec. 382.41(f)(1)]
A passenger's wheelchair or other assistive device must be stowed
in the baggage compartment with priority over other items and baggage.
[Sec. 382.41(f)(3)] In order to ensure the timely return of a
passenger's wheelchair or other assistive device, it must be among the
first items retrieved from the baggage compartment. [Sec. 382.41(f)(2)]
If giving priority to wheelchairs and other assistive devices results
in passengers' non-assistive device-related baggage being unable to be
carried on the flight, you must use your best efforts to ensure that
the non-assistive device-related baggage reaches the passengers'
destination within four hours of the scheduled arrival time of the
flight.
Battery-Powered Wheelchairs
You must accept a passenger's battery-powered wheelchair, including
the battery, as checked baggage unless baggage compartment size and
aircraft airworthiness considerations prohibit it. [Sec. 382.41(g)]
Carriers may require that a passenger with a disability wishing to
have a battery-powered wheelchair transported on a flight (including in
the cabin where required) check in for the flight one hour before the
scheduled departure time. [Sec. 382.41(g)(1)] You must also make a
reasonable effort to accommodate the passenger and transport the
wheelchair even if the passenger does not check in one hour before the
scheduled departure time, as long as it would not delay the flight.
If (i) the battery on the passenger's wheelchair has been labeled
by the manufacturer as non-spillable or (ii) the battery-powered
wheelchair with a spillable battery can be loaded, stored, secured, and
unloaded in an upright position, you must not require the battery to be
removed and separately packaged. You may remove and package separately
any battery that appears to be damaged or leaking. [Sec. 382.41(g)(2)]
When it is necessary to detach a battery from a wheelchair, you
must provide packaging for the battery and package the battery
consistent with appropriate hazardous materials regulations. [Sec.
382.41(g)(3)] You must not charge for such packaging. [Sec. 382.57]
You must not drain batteries. [Sec. 382.41(g)(4)]
If a passenger with a disability requests, you must stow a folding,
breakdown, or collapsible battery-powered wheelchair in the cabin
consistent with the requirements set forth above. If the wheelchair can
be stowed in the cabin without removing the battery, then you must not
remove the battery. If the wheelchair cannot be stowed in the cabin
without removing the battery, then you must remove the battery and stow
it in the baggage compartment in the proper packaging as set forth
above. In this case, you must permit the wheelchair, with the battery
removed, to be stowed in the cabin. [Sec. 382.41(g)(5)]
You must permit passengers with a disability to provide written
instructions concerning the disassembly and reassembly of their
wheelchairs. [Sec. 382.41(h)]
When you disassemble wheelchairs or other assistive devices for
stowage, you must reassemble them and ensure their prompt return to the
passenger with a disability. You must return a wheelchair or other
assistive device to the passenger in the same condition in which you
received it. [Sec. 382.43(a)]
On domestic flights, the normal baggage liability limits do not
apply to loss, damage, or delay concerning wheelchairs or other
assistive devices. Instead, the criterion for calculating the
compensation for lost, damaged, or destroyed wheelchairs or other
assistive devices must be the original price of the device. [Sec.
382.43(b)] Moreover, you must not require a passenger with a disability
to sign a waiver of liability for damage to or loss of a wheelchair or
other assistive device, although you may make notes about preexisting
damage or conditions of wheelchairs or other assistive devices. [Sec.
382.43(c)]
Example: A passenger with a battery-powered wheelchair with a
spillable battery arrived at his departure gate for his domestic
flight and airline personnel there determined that the wheelchair
could not be loaded, stored, secured, and unloaded in an upright
position. Therefore, they directed the appropriate personnel to
remove and store the battery and gate check the wheelchair. When the
passenger arrives at his destination and the battery is replaced, it
is done so incorrectly and the entire electronic circuit board of
the wheelchair is severely damaged, rendering the wheelchair
temporarily unusable. What should you do?
Upon request, you must permit passengers with a disability to
provide written instructions concerning the disassembly and
reassembly of their wheelchairs. As a matter of good customer
service, you should apologize to the passenger for the problem and
the resulting inconvenience. In addition, you should explain to the
passenger that the carrier will compensate him for the damaged
wheelchair in an amount up to the original purchase price of the
device. If, for example, the passenger provides you with
documentation that the original cost of the wheelchair was $10,000
and verification that it cost $2,900 to be repaired, the carrier
would pay the passenger or the repair company $2,900 to cover the
cost of the wheelchair repair. In addition, paying for reasonable
costs associated with the rental of
[[Page 41501]]
a wheelchair by the passenger during the repair period could also be
recovered by the passenger from the carrier.
E. Services in the Cabin
Within the aircraft cabin, when requested by a passenger with a
disability or when offered and accepted by a passenger with a
disability, you must assist the passenger in:
Moving to and from a seat as part of enplaning and
deplaning [Sec. 382.39(b)(1)];
Preparing for eating, such as opening packets and
identifying food [Sec. 382.39(b)(2)];
If there is an on-board wheelchair, using the on-board
wheelchair to enable the passenger to move to and from the lavatory
which, if requested, could entail transferring the passenger from a
seat to an aisle chair [Sec. 382.39(b)(3)];
Moving to and from the lavatory, if the passenger is semi-
ambulatory, not involving lifting or carrying the individual [Sec.
382.39(b)(4)]; and
Loading and retrieving carry-on items, including mobility
aids and other assistive devices stowed in the cabin [Sec.
382.39(b)(5)];
Example 1: A passenger using a boarding wheelchair asks for
help storing her carry-on item in the overhead compartment because,
it is apparent, her disability limits her ability to reach up to the
overhead compartment. What should you do?
You must either assist the passenger directly or indicate that
you will find the appropriate employee to assist her in stowing her
carry-on bag in the overhead compartment.
Example 2: A passenger who walks onto the plane for an evening
flight with a rolling carry-on bag asks for help lifting his bag and
putting it in the overhead storage compartment. What should you do?
Since he has not identified himself as a qualified individual
with a disability, you may want to ask for further clarification.
Because, under the law, normally you cannot ask a passenger if he
has a disability, you might ask, ``Is there any particular reason
you need assistance sir?'' or ``Could you tell me a little about
your need for help?'' or ``Are you unable to lift it yourself?'' If,
for example, the passenger explains that he has multiple sclerosis
and his muscles are particularly fatigued at the end of the day and
therefore he needs help lifting things, you must either assist the
passenger directly or indicate that you will find the appropriate
employee to assist him in stowing his carry-on bag. If, on the other
hand, the passenger states that he is merely tired and doesn't feel
like lifting the bag, the passenger is not a qualified individual
with a disability and, therefore, you are not obligated to assist
him. You may politely decline to assist him, depending on the
carrier's policies regarding assistance with stowing carry-on items
for passengers.
You are not required to provide extensive special assistance to
passengers with a disability such as:
Help with eating, for example, cutting food and feeding
the passenger [Sec. 382.39(c)(1)];
Assistance within the restroom or at the passenger's seat
with elimination functions [Sec. 382.39(c)(2)]; or
Provision of medical services. [Sec. 382.39(c)(3)]
You cannot require that a passenger with a disability sit on a
blanket. [Sec. 382.55(b)]
F. Safety Briefings
Individual Safety Briefings
Under certain circumstances, you must provide individual safety
briefings to a passenger with a disability. Federal safety regulations
require you to conduct an individual briefing for each passenger who
may need assistance to move expeditiously to an emergency exit. You
must brief the passenger and the attendant, if any, on the routes to
the appropriate exit and on the most appropriate time to move toward
the exit in the event of an emergency. In addition, you must ask the
passenger and the attendant, if any, the most appropriate manner of
assisting the passenger. [14 CFR 121.571(a)(3)] You may offer such
briefings to other passengers. [Sec. 382.45(b)(2)]
In the case of private safety briefings for passengers with a
disability:
You must conduct the briefing as inconspicuously and
discreetly as possible. [Sec. 382.45(b)(3)]
You must not require a passenger with a disability to
demonstrate that the person has listened to, read, or understood the
information presented, except to the extent that you or other employees
impose such a requirement on all passengers with respect to the general
safety briefing.
You must not take any action adverse to a passenger with a
disability on the basis the individual has not ``accepted'' the
briefing. [Sec. 382.45(b)(4)]
Accommodations for Passengers Who Are Deaf or Hard of Hearing
If the safety briefings are presented to passengers on video
screens, carriers must ensure that the video presentation is accessible
to passengers who are deaf or hard of hearing. [Sec. 382.47(b)] More
specifically, carriers must implement this requirement by using open
captioning or an inset for a sign language interpreter as part of the
video presentation. [Sec. 382.47(b)(1)] A carrier may use an equivalent
non-video alternative to this requirement only if neither open
captioning nor a sign language interpreter inset could be placed in the
video presentation without so interfering with it as to render it
ineffective or if it would not be large enough to be readable. [Sec.
382.47(b)(2)] Carriers must implement these requirements by
substituting captioned video materials for uncaptioned video materials
as the uncaptioned materials are replaced in the normal course of the
carrier's operations. [Sec. 382.47(b)(3)]
Timely and Complete Access to Information
Carriers must ensure that, upon request, passengers with a
disability, including those who are (i) blind or visually impaired; or
(ii) deaf, hard of hearing, or deaf-blind, have timely access to
information being provided to other passengers, including but not
limited to, information concerning ticketing, flight delays, schedule
changes, connections, flight check-in, gate assignments, the checking
and claiming of luggage, and aircraft changes that will affect the
travel of passengers with a disability. [Sec. 382.45(c)] Passengers who
are unable to obtain the information from the audio or visual systems
in airports or on board must request the information from you. In other
words, as a practical matter, passengers may have to identify
themselves as (i) blind or visually impaired; or (ii) deaf, hard of
hearing, or deaf-blind in order to obtain the information. See Chapter
7 in general and ``Tips for Assisting People Who Are Blind or Visually-
Impaired'' and ``Tips for Assisting People Who Are Deaf, Hard of
Hearing, or Deaf-Blind'' in particular.
Chapter 6: Assisting Air Travelers With Disabilities With Their
Complaints
A. Complaint Procedures and Complaints Resolution Officials (CRO's)
B. Process to Resolve Complaints
C. General Complaint Resolution Tips
D. Recording, Categorizing, and Reporting Written Disability-related
Complaints Received by Carriers
A. Complaint Procedures and Complaints Resolution Officials (CRO's)
Carriers must (i) establish a procedure for resolving disability-
related complaints raised by passengers with a disability and (ii)
designate at least one CRO to be available to handle disability-related
complaints at each airport the carrier serves. [Sec. 382.65(a)] Each
CRO must be trained and thoroughly proficient with respect to the
rights of passengers with disabilities under the ACAA and accompanying
regulations. [Secs. 382.61(a)(7) and 382.65(a)(3)] The
[[Page 41502]]
carrier must make a CRO available to any person who makes a disability-
related complaint during all times the carrier is operating at an
airport and should make that person aware of the existence of the
Department of Transportation's aviation consumer disability hotline for
resolving issues related to disability accommodations. The toll-free
number for the hotline is 1-800-778-4838 (voice) and 1-800-455-9880
(TTY).
Availability of the CRO
Carriers must make a CRO available at all times the carrier is
operating at each airport it serves. [Secs. 382.65(a)(1) and (2)] The
CRO may be made available in person or by telephone. If the CRO is made
available by telephone, it must be at no cost to the passenger. The CRO
must be accessible via a TTY for passengers who are deaf or hard of
hearing. If a passenger with a disability, or someone on behalf of a
passenger with a disability, complains about an alleged violation or
potential violation of the law, you must put the customer in touch with
a CRO on duty. [Sec. 382.65(a)(1)] A CRO has the authority to resolve
complaints by passengers with a disability on behalf of the carrier.
[Sec. 382.65(a)(4)]
Complaints Made During the Trip
When a passenger with a disability makes a complaint to a CRO
during the course of the trip (e.g., over the telephone or in person at
an airport), the CRO must promptly take action to resolve the problem
as follows:
If no violation of the law has occurred yet, the CRO must
take action or direct other employees to take action to ensure
compliance. Only the pilot-in-command of an aircraft has final
authority to make decisions regarding safety and the CRO cannot
countermand a pilot's decisions regarding safety. [Sec.
382.65(a)(5)(i)]
If a passenger complains about a disability-related issue
or alleges a violation of the law that has already occurred and the CRO
agrees that a violation has occurred, the CRO must provide the
complaining passenger with a written statement summarizing the facts at
issue and the steps, if any, the carrier proposes to take in response
to the violation. [Sec. 382.65(a)(5)(ii)] This statement must be
provided in person to the passenger at the airport, if possible;
otherwise, it must be forwarded to the passenger within 10 calendar
days of the complaint. [Sec. 382.65(a)(5)(iv)]
If a passenger alleges a violation of the law but the CRO
determines that no violation has occurred, the CRO must provide a
written statement including a summary of the facts and the reasons for
the determination. [Sec. 382.65(a)(5)(iii)] This statement must be
provided in person to the passenger at the airport, if possible;
otherwise, it must be forwarded to the passenger within 10 calendar
days of the complaint. [Sec. 382.65(a)(5)(iv)]
The written statement provided to the complaining passenger must
include information about the right to pursue DOT enforcement action
under the law. [Sec. 382.65(a)(5)(iv)]
Written Complaints Received After the Trip
You should be aware of your carrier's established procedure for
resolving written complaints from passengers with a disability. [Sec.
382.65(b)] In addition, under the law, a carrier is not required to
respond to a written complaint postmarked more than 45 days after the
date of the alleged violation. [Sec. 382.65(b)(1)] Your carrier must
provide a dispositive written response within 30 days of receipt of a
written complaint describing a situation that would constitute a
violation of the law. [Sec. 382.65(b)(3)]
You should provide all information regarding written complaints--
and in general--in a polite and respectful manner as a matter of high
standards of customer service.
Depending on the carrier's determination, its response to a written
complaint must include the following:
If the carrier agrees that a violation has occurred, the
carrier must provide a written statement to the complaining passenger
summarizing the facts and stating what steps, if any, the carrier
proposes to take in response to the violation. [Sec. 382.65(b)(3)(i)]
If the carrier denies that a violation has occurred, the
written response must include a summary of the facts and the carrier's
reasons under the law for making its determination. [Sec.
382.65(b)(3)(iii)]
The written statement provided to the complaining passenger must
include information about the right to pursue DOT enforcement action
under the law. [Sec. 382.65(b)(3)(iii)]
Responsibilities of Employees Other Than the CRO
You should be aware that all personnel dealing with the traveling
public should be trained to proficiency regarding the legal
requirements and the carrier's policies concerning the provision of air
travel to individuals with disabilities. [Sec. 382.61(a)(1)] These
employees must receive training regarding awareness about and
appropriate responses to individuals with physical, sensory, mental,
and emotional disabilities. [Sec. 382.61(a)(2)]
You should be familiar with your carrier's established procedures
and the CRO's duties and responsibilities with respect to resolving a
complaint raised by a passenger with a disability. You should convey
this information to passengers with a disability under the appropriate
circumstances.
When resolving complaints from a passenger with a disability, you
should keep the following in mind:
Request assistance from a CRO immediately or assist the
passenger with a disability in doing so, if the passenger requests to
speak with a ``supervisor'' or ``manager.''
Contact a CRO if you are having any difficulty providing
an accommodation required by law or carrier policy to a passenger with
a disability.
Carry the information about how to contact a CRO with you
at all times. Remember a CRO may be available in person or by telephone
but a CRO must be available during all hours of the carrier's operation
at the airport.
B. Process To Resolve Complaints
When you receive a complaint from a passenger with a disability,
there are certain requirements under the law with which you, your
carrier, and a CRO must comply. Even if you call a CRO, it is important
to be able to assess the situation firsthand through observation,
communication, and information gathering because a CRO is not always
available on site and may only be involved in resolving the complaint
via telephone.
Having a consistent process for fielding these complaints will
assist you in complying with those legal obligations and providing good
customer service. Learning what the particular problem is, finding the
applicable rule, regulation, or policy that addresses the situation,
and remedying the situation by taking affirmative action are important
aspects of the process.
The ACCESS checklist set forth below provides an easy way to
remember how to respond to these complaints. Remember ACCESS as a
thorough and useful process through which you can address the complaint
or refer it to a CRO as needed.
ACCESS
Ask the passenger with a disability how you may assist with
concerns. Listen actively and carefully to what the passenger tells you
and ask for further clarification when necessary.
[[Page 41503]]
Call a CRO and report the complaint if you are unable to resolve
the problem. If a passenger with a disability would like to contact a
CRO directly, you must assist the passenger in doing so. If your
carrier has an internal procedure for documenting complaints that
requires CRO involvement or for documenting other types of passenger
complaints, fill out the appropriate forms, if any, and provide
relevant and detailed information to satisfy that internal carrier
policy.
Check this manual (and Appendix V containing the full text of Part
382) and your carrier's policies (concerning the law as well as good
customer service) to identify the issue at hand. If you need
assistance, ask a CRO on duty.
Evaluate the relevant provisions of this manual (and Appendix V
containing the full text of part 382) and your carrier's policies to
determine the appropriate options for resolving the problem considering
the following factors:
Does the solution comply with the law?
Does the solution comply with your carrier's policies?
Is there a question of airline and passenger safety?
(Remember, the pilot-in-command of an aircraft is the final arbiter of
a safety issue.)
Does the solution meet the needs of the passenger with a
disability?
Can the solution be implemented in a timely manner, e.g.,
to help the passenger with a disability make the flight or receive the
accommodation?
Solve the problem by providing the passenger with a disability with
the information, services, or appropriate action required under the
law.
Satisfy the passenger with a disability to the extent possible when
complying with the law. Communicating the basis for the action taken
(or not taken) to the passenger with a disability is critical. Thank
the passenger for bringing the problem to your attention and ask if the
passenger has any additional questions about the solution you or a CRO
has provided. Ask if you are able to assist with any other concerns.
C. General Complaint Resolution Tips
You should familiarize yourself with this manual (and
Appendix V containing the full text of part 382) and your carrier's
policies (concerning the law as well as good customer service). First
and foremost, you must not violate the civil rights of passengers with
a disability. In addition, you should treat passengers in a manner
consistent with good customer service policy.
You should work as quickly as possible to ensure prompt
service and, at the same time, respect for the needs of passengers with
a disability.
You should be aware of your carrier's procedures for
addressing complaints. You should take the time necessary to resolve
the complaint while maintaining flight schedules. If an unfamiliar
situation presents itself or you have any doubts or questions, you
should contact your immediate supervisor or a CRO for prompt resolution
of the issue.
You should make reasonable attempts to keep the passenger
with a disability informed about your or other carrier personnel's
progress with respect to resolving a complaint.
You should avoid engaging in an argument with a passenger
with a disability presenting a complaint.
You should listen carefully and actively, evaluate
appropriate options under the law and your carrier's policy, and
communicate the basis for the action taken (or not taken) to the
passenger with a disability in a respectful and polite manner to ensure
effective complaint resolution.
Even if you call a CRO, it is important to be able to
assess the situation firsthand through observation, communication, and
information gathering because a CRO is not always available on site and
may only be involved in resolving the complaint via telephone.
D. Recording, Categorizing, and Reporting Written Disability-Related
Complaints Received by Carriers
Certificated U.S. carriers and foreign carriers \1\ operating to,
from, and in the United States using at least one aircraft with more
than 60 passenger seats must record, categorize, and report written
disability-related complaints received by the carrier to DOT on an
annual basis. [Secs. 382.70(b) and (c)] The first annual report covers
calendar year 2004 and was due to be submitted to DOT by January 25,
2005. [Sec. 382.70(d)] In addition, carriers must use the form
specified in Appendix A to part 382 when making the annual report to
DOT. See Appendix V. Carriers must develop a system for recording and
collecting data regarding specific categories of written disability-
related complaints that they receive according to the type of
disability and the nature of the complaint. [Sec. 382.70(c)]
---------------------------------------------------------------------------
\1\ Foreign carriers are covered by this section only with
respect to disability-related complaints associated with any flight
segment originating or terminating in the United States. [Sec.
382.70(b)].
---------------------------------------------------------------------------
Chapter 7: Interacting With People With Disabilities
When assisting and interacting with individuals with disabilities,
you should use language that gives an accurate, positive view of them.
You should focus on the person first, not the disability, and avoid
language that reinforces myths, stereotypes, and discrimination.
Below is a chart listing some currently acceptable terminology and
terminology to avoid when addressing or referring to people with
disabilities.
------------------------------------------------------------------------
Use Avoid
------------------------------------------------------------------------
Person with a disability............... Handicapped or deformed.
Person who is deaf..................... The deaf.
Person who is blind or visually- The blind; the visually-
impaired. impaired.
Woman with an emotional disorder, Crazy, demented, lunatic,
psychiatric illness, or psychiatric psycho, or maniac.
disability.
Person using a wheelchair, wheelchair Confined to a wheelchair,
user. wheelchair bound, or crippled.
Person with AIDS or living with AIDS... Afflicted with AIDS, victim of
AIDS, or suffers from AIDS.
Congenital disability.................. Birth defect.
Man who has cerebral palsy............. Afflicted with cerebral palsy
or suffers from cerebral
palsy.
Woman who has Down syndrome............ Mongol, mongoloid, or retarded.
Person with head injury, people who Brain damaged.
have sustained brain damage, or woman
who has traumatic brain injury.
Person who has a speech disorder or Mute or dumb.
woman without speech.
Man with quadriplegia or woman who is Crippled.
paralyzed.
Person of small or short stature....... Dwarf.
Nondisabled............................ Normal, able-bodied, healthy,
or whole.
------------------------------------------------------------------------
[[Page 41504]]
It may not be apparent whether a person is an individual with a
disability. You should provide an opportunity for a passenger to self-
identify as an individual with a disability by asking if the person
needs assistance and, if so, how best you can assist with those needs.
Keep in mind that you cannot require an individual with a disability to
accept special services, including pre-boarding.
Some Examples of Physical Impairments [Sec. 382.5(a)(1)]
Orthopedic impairment;
Deafness (profound hearing loss);
Hard of hearing (mild to profound hearing loss);
Vision impairment and blindness;
Speech disorder;
Cerebral palsy;
Epilepsy;
Muscular dystrophy;
Multiple sclerosis;
Cancer;
Heart disease; and
Diabetes.
Some Examples of Mental or Psychological Impairments [Sec. 382.5(a)(2)]
Mental retardation;
Depression;
Anxiety disorders;
Specific learning disabilities; and
Brain injury.
Below is a list of general tips to consider when interacting with
people with disabilities followed by tips relating to interacting with
individuals with one or more of the five basic types of disabilities.
These tips are aimed at ensuring that services, facilities, and other
accommodations are provided to passengers with disabilities in a
respectful and helpful manner.
Some of the tips relate to specific legal requirements, but most of
them set forth suggestions for interacting in a way that would
constitute good customer service and demonstrate a sensitivity to the
issues concerning passengers with disabilities. The following tips
should be read and employed with the above qualification in mind.
General Tips for Interacting With Individuals With Disabilities
Always ask. The most effective and simplest step for you
to take when you are uncertain about a passenger's needs is to ask,
``May I assist you?'' or ``Please let me know how I can assist you.'' A
passenger with a disability has the most information about his or her
abilities, level of familiarity with the airport and airline, and needs
when traveling.
Appreciate the passenger's perspective. Take into
consideration the extra time and energy that traveling may require for
a person with a disability. For example, you should realize that a
person with a disability may not have the flexibility and spontaneity
to react to unexpected situations. Understand that making adjustments
may take more time or may require additional attention or services for
passengers with a disability.
Be yourself and be self-aware. It is important to relax,
be yourself, and maintain the conversational style you would use for
anyone else when you are speaking with a person with a disability. Be
aware of the possibility that your body language could convey
discomfort or impatience; try to avoid this. Also, respect the privacy
of individuals with disabilities. Asking about a person's disability
can be perceived as intrusive and insensitive. It might be interpreted
as placing the disability above the human being.
Don't make assumptions. Don't assume that all individuals
with a disability automatically need assistance. Keep in mind that if
the setting is accessible, individuals with a disability would usually
prefer to operate independently.
Emotions matter. Acknowledge the emotions of the person in
a stressful situation, e.g., frustration or disappointment. When
acknowledging the emotions of others, it may be more effective to use
``you'' rather than ``I.'' For example, use, ``You must be frustrated
by having to wait for your checked wheelchair.'' Not, ``I completely
understand how you feel, I had to wait forever at a supermarket check-
out yesterday.''
Focus on the person, not the disability. The emphasis is
on the person first, not the disability.
Keep the passenger informed. When providing an
accommodation to a passenger with a disability, keep the passenger
updated about the progress or timing in connection with such
accommodation.
Knowledge is useful. Be aware of the services,
information, and resources available to a person with a disability who
asks about a particular accommodation. If you don't know the answer to
the question, treat the individual with respect and courtesy and say,
``Let me find out for you.'' Don't make guesses about what
accommodations or services to provide a person with a disability. When
explaining requirements under the law to a passenger with a disability,
avoid rendering legal advice or counseling the person in any way.
The passenger is the expert. Offer assistance only if the
passenger appears to need help. If the passenger asks for help, ask how
you can assist and listen to the passenger's response and instructions
before you act. If you have any doubts as to how to assist a passenger
with a disability, you should ask the passenger for guidance before
acting. Avoid being overly enthusiastic about helping and always think
before you speak and act when offering assistance.
Respect personal space. Be sensitive about physical
contact. Avoid patting an individual with a disability or touching the
individual's wheelchair or cane. People with disabilities consider
their assistive devices to be part of their personal space.
Speak directly to the passenger. Always make eye contact
and speak directly to a person with a disability, not the person's
companion, attendant, or interpreter.
Treat each passenger as an individual. It is important to
recognize that people with disabilities may vary in their ability to
perform certain tasks. Individuals with a disability are best able to
assess and gauge what they can and cannot do in a particular situation.
It is always important to keep the above tips in mind when
assisting and communicating with passengers with disabilities. As a
practical matter though, you will need to be aware of different
considerations depending on the type of disability the passenger self-
identifies as having.
Below are five basic types of disabilities with a list of
considerations to keep in mind when you are communicating with and
accommodating passengers with each type of disability. Even though
these five types of disabilities are set forth here, each passenger
with a disability should be considered as an individual with individual
needs. It is important for you to communicate with each passenger about
that particular passenger's needs under the circumstances and to avoid
making assumptions about the passenger's needs. The five basic types of
disabilities addressed below are: People who are blind or visually-
impaired; people who are deaf, hard of hearing, or deaf-blind; people
with mobility disabilities; people who have difficulty speaking, and
people with disabilities that are not apparent (e.g., a cognitive or
emotional disability, diabetes, etc.).
Tips for Assisting People Who Are Blind or Visually-Impaired
Communication
Only offer assistance if it seems appropriate. Ask the
person if you can
[[Page 41505]]
be of assistance and, if so, how you can help.
Identify yourself by name and job responsibility first.
Always communicate using words rather than relying on
gestures, facial expressions, or other nonverbal communication. For
example, tell the passenger the gate number and the directions to get
to the gate. If you are handing a boarding pass to a blind passenger,
explain that you have the person's boarding pass and that you would
like to place it directly in the person's hand. Always communicate in
words what you are doing, e.g., waiting to receive confirmation of a
reservation, and identify any items you are giving to the passenger,
e.g., a credit card, tickets, voucher, etc.
Make sure a passenger who is blind is made aware of all
relevant information as it becomes available to all passengers. For
example, if a boarding time is changed and the new boarding time is
posted visually at the gate, you must inform the person orally. Advise
the passenger when you are leaving the area and answer any questions
the person has before you do.
If individual safety briefings are required, conduct them
discreetly with respect for the privacy of the person who is blind or
visually-impaired.
If a person uses a term relating to the condition of being
blind or visually-impaired that you are not familiar with or that you
don't understand, ask the person to tell you what his or her needs are.
If you need additional information, you should contact the CRO to
discuss how best to proceed. In addition, be aware that your carrier
may provide additional training to educate you about the different
types of disabilities in order to enhance your ability to accommodate
passengers with disabilities.
Keep in mind that the special service request (SSR) field
of the passenger name record (PNR) may contain information concerning a
passenger who is blind or visually impaired.
Guiding a Person
Never take the arm of a person who is blind without asking
first, because the person could lose balance. In addition, if you don't
ask first, the person who is blind could perceive a lack of respect
because he or she was not given the option of receiving the assistance.
Once you ask if you can offer your arm, let the person who is blind
take it. You may direct the person's arm to a railing or the back of a
chair to assist with seating.
Walk approximately a half step ahead of the person if you
are serving as a guide through the terminal. When encountering stairs,
escalators, moving walkways, revolving doors, etc., give the person who
is blind the option to choose whether to use the facility or
conveyance. For example, you might say, ``We can just keep walking or
use the moving sidewalk. Which would you prefer?'' Never assume that a
person who is blind cannot use these devices because of blindness.
Instead, offer the individual the freedom and flexibility to choose
which devices and facilities he or she would like to use. Describe the
environment in detail as you go and ask the person if he or she would
like you to point out airport amenities such as restaurants, shops, ATM
machines, restrooms, airline club lounges, displays, or other terminal
facilities. Note any obstacles and their location in your path. If you
need to provide a warning, be as specific as possible. Offer to orient
the person to the gate or other terminal area in case he or she would
like to walk around, e.g., you could say, ``All even numbered gates are
on our right when walking from security and odd numbered gates are on
the left.''
When you are done guiding the person to his or her
destination, ask him or her if any other assistance is needed. Only if
the person who is blind has requested should you inform other
passengers or carrier personnel of the individual's need for additional
assistance.
Be aware that many people who are blind prefer to walk
rather than use wheelchairs, electric carts, etc. You may not require a
person who is blind to use a wheelchair and, if requested, you must
provide a walking guide for the person who is blind.
Service Animals and Assistive Devices
Never pet or distract a service animal accompanying a
person who has a disability. Don't separate passengers who are blind
from their service animals.
Don't move a person's cane or assistive device if the
person has placed it on the ground near a seat. If you ask and receive
permission, you may help the passenger collect things if need be, e.g.,
carry-on items, jackets.
Tips for Assisting People Who Are Deaf, Hard of Hearing, or Deaf-Blind
Communication
Remember that people who are deaf, hard of hearing, or
deaf-blind have various ways of communicating, e.g., sign language,
speech/lip reading, TTY, hearing aid or implant. A person's deafness
can go unnoticed unless the person self-identifies as a person who is
deaf, hard of hearing, or deaf-blind.
When speaking, look directly at the person who is deaf or
hard of hearing. The person may use speech/lip reading as a method of
communicating. Use normal lip movement. Use a normal tone of voice when
speaking to a person who is deaf or hard of hearing. Don't shout
because shouting distorts the sound, words, and lip movement. Sometimes
you may need to rephrase your message because many words have the same
lip movement, e.g., 15 and 50 have the same lip movement. If writing a
note, make the message short and simple.
Identify yourself by name and job responsibility first.
If individual safety briefings are required, conduct them
discreetly with respect for the privacy of the person who is deaf, hard
of hearing, or deaf-blind.
Make sure a passenger who is deaf, hard of hearing, or
deaf-blind receives all relevant information as it becomes available to
all passengers. For example, if a boarding time is changed and the new
boarding time is announced, you must inform the person through an
accessible method of communicating.
If a person uses a term relating to the condition of being
deaf, hard of hearing, or deaf-blind that you are not familiar with or
that you don't understand, ask the person to tell you what his or her
needs are. If you need additional information, you should contact the
CRO to discuss how best to proceed.
A deaf-blind person may communicate through the printing
on palm method, an alternative to using sign language. This method
involves ``writing'' with your fingertip on the palm of the deaf-blind
person's hand. Use the fleshy part of your fingertip, not your nail.
Always use all upper case letters and use the same reference point for
each letter. More specifically, hold the deaf-blind person's hand the
same way each time, so the top and bottom letter falls in the same
place. Make sure the words you print are ``right side up'' for the
person receiving the message. Write as large as possible and start in
the upper left for a ``W'' and finish in the upper right. Use the
entire palm area for each letter. Use one stroke for both the letter
``I'' and the number ``1''. The difference will be obvious from the
context of what you are spelling. When you finish a word, ``wipe it
off'' using the palm of your hand. This action indicates that you have
finished one word and you are beginning a new word.
[[Page 41506]]
Keep in mind that the special service request (SSR) field
of the passenger name record (PNR) may contain information concerning a
passenger who is deaf, hard of hearing, or deaf-blind.
Guiding a Person Who Is Deaf-Blind
Touch the person gently and offer your arm. Let the person
take your upper arm near your body; this way he or she can feel the
change in gait as you approach different barriers and prepare for them.
Don't take or grab the arm of the person who is deaf-blind
(particularly the arm with which the person is holding a cane or guide
dog harness) and don't push him or her along. If the person has a guide
dog, go to the side opposite the service animal and offer your arm
(usually the person's right side). Remember the person who is deaf-
blind cannot hear you. Therefore, information regarding obstacles,
stairs, etc. must be given tactually. Deaf-blind people often have poor
balance so it is helpful to offer a steady hand to aid in orientation.
Never leave a deaf-blind person in an open space, place his or her hand
on a wall, post, railing, or whatever is available.
Service Animals
Never pet or distract a service animal accompanying a
person who has a disability. Don't separate passengers who are deaf,
hard of hearing, or deaf-blind from their service animals.
Tips for Assisting People Who Have Mobility Disabilities
Communication
If a person uses a term to describe a mobility disability
that you are not familiar with or that you don't understand, ask the
person to tell you what his or her needs are. If you need additional
information, you should contact the CRO to discuss how best to proceed.
If individual safety briefings are required, conduct them
discreetly with respect for the privacy of the person with a mobility
disability.
When having a long conversation with a person who is using
a wheelchair, stoop down or sit nearby so that you are closer to eye
level.
Wheelchairs and Other Assistive Devices
Be aware of the types of wheelchairs and assistive devices
used by people with mobility disabilities when traveling. You must be
able to provide information to people about the different types of
wheelchairs, services, and other equipment provided or accommodated by
your carrier on the particular flight.
Understand the proper function and storage of the
different types of wheelchairs and assistive devices. Ask the person
with the mobility disability the best way to handle the device.
Consider keeping information handy about businesses
providing wheelchair repair in the area in case a person with a
mobility disability needs the information.
Assisting With Transfers and Movement Through Terminal
If you must transfer a person with a mobility disability
from an aisle chair to a seat on the aircraft, or perform any other
kind of transfer, explain the transfer procedures and listen to any
instructions or preferences from the person before undertaking the
transfer.
Be aware that, under the law, you can never physically
hand-carry a person with a mobility disability (even if both of you are
willing) except in an emergency evacuation situation.
When providing transportation between gates, ask the
person with the mobility disability if the person would prefer to be
pushed or not. If the answer is yes, use elevators and avoid escalators
and moving walkways. When maneuvering through the terminal, say,
``Excuse us.'' Not, ``Excuse me.''
Be aware that, under the law, carriers are not permitted
to charge passengers with disabilities for services or equipment
required by part 382. If, however, a passenger with a disability
voluntarily offers to tip you for providing a service, you should
consult your carrier's policy to determine whether you can accept it.
Service Animals
Never pet or distract a service animal accompanying a
person who has a mobility disability. Don't separate passengers with a
mobility disability from their service animals.
Tips for Assisting People Who Have Difficulty Speaking
Communication
Ask the person how he or she prefers to communicate.
A pencil and paper may be okay for short conversations.
If you do not understand something that is said, tell the
person you don't understand and ask the person to repeat.
Be patient, it may take a while to communicate.
Let the individual speak without attempting to finish his
or her sentence.
To obtain information quickly, ask short questions that
require brief ``yes'' or ``no'' answers.
Don't shout.
Difficulty speaking does not indicate a lack of
intelligence.
Tips for Assisting People Who Have Disabilities That Are Not Apparent
Communication
Do not make assumptions about the needs of people if their
behavior appears to be unusual to you. Cognitive disabilities may cause
people to reason, draw conclusions, or respond more slowly. People with
cognitive disabilities may appear easily distracted. Depending upon the
disability, the person may understand materials in written form or
through a verbal explanation. They may also find the background noise
of a busy airport terminal extremely distracting.
Disregard any speech impairments or physical tics by being
patient and aware of your own body language and facial expressions that
could convey your own discomfort.
If individual safety briefings are required, conduct them
discreetly with respect for the privacy of the person with a disability
that is not apparent. Similarly, if there is a concern that the person
is not medically stable enough for air travel, conduct the inquiry in a
discreet manner and involve the CRO, if necessary.
If a person with a disability that is not apparent uses a
term to describe a disability that you are not familiar with or that
you don't understand, ask the person to tell you what his or her needs
are. If you need additional information, you should contact the CRO to
discuss how best to proceed.
Service and Emotional Support Animals
Be aware that people who have disabilities that are not
apparent may travel with emotional support animals or other service
animals. Never pet or distract a service animal accompanying a person
who has a disability that is not apparent. Don't separate passengers
from their service or emotional support animals.
Indices
[A PDF copy and a Microsoft Word copy of the Technical Assistance
Manual containing an Alphabetical Index and a Part 382 Index are
available on the World Wide Web at http://airconsumer.ost.dot.gov.]
Appendix I
Tips for Air Travelers With Disabilities
There are some commonly used accommodations, facilities, and
services that carriers are required to make available to passengers
with disabilities. Appendix I sets forth a list of tips or general
guidelines for
[[Page 41507]]
air travelers with disabilities to keep in mind that relate to these
commonly used accommodations, facilities, and services. Therefore,
the ``you'' referred to herein is an air traveler with a disability
or air travelers with disabilities. Below are some specific tips.
Ask Questions and Provide Instructions
Know what to ask carrier personnel. You can ask for and carrier
personnel must be able to provide information about aircraft
accessibility, seating and movable armrests, lavatory accessibility,
boarding options, and storage facilities on board, among other
things.
Although advance notice is not generally required, understand
that providing detailed information about the accommodations you
need in advance of travel will assist carrier personnel in providing
those accommodations in a correct and timely manner.
If you are transferring planes, you may want to investigate
whether your trip involves more than one carrier. If so, contact
each carrier to determine whether it is able to fully accommodate
you. Keep in mind that carriers might provide such optional
accommodations on their ``mainline'' flights only, not on the
flights operated by their smaller code-share affiliates. For
example, some carriers do not provide medical oxygen on board. Don't
assume that by communicating with the carrier for the first leg of
your trip, other carriers handling the rest of the journey are fully
briefed and able to accommodate you. Similarly, when booking
reservations online, you may want to consider contacting each
carrier by telephone to determine the carrier's individual policies
and to provide and receive specific information to ensure your needs
are met for each leg of your journey.
If you are receiving assistance with transportation between
gates by ground wheelchair, remember to instruct the personnel
assisting you on your specific needs, e.g., whether or not you would
like the airline employee or contractor to push you and the ground
wheelchair through the terminal. Although in most instances you are
not obligated to self identify as a passenger with a disability,
keep in mind that conveying certain information or providing some
guidance will permit carrier personnel to assist you better.
Directing carrier personnel to remove footrests (if possible)
and other removable parts of personal wheelchairs and stow them in
the cabin may help to reduce the potential for damage to the
wheelchair while it is stowed in the cabin or in the cargo hold.
Boarding Assistance
When communicating to carrier personnel about your need for
boarding assistance, be as specific as possible about the type or
level of boarding assistance you require. More specifically, if, for
example, you are completely immobile, ask carrier personnel to
provide a wheelchair to transport you to and from the gate, a lift
(if necessary), and assistance transferring from an aisle chair to a
seat. If, for example, you are able to walk short distances, but
cannot ascend and descend steps, ask carrier personnel to provide a
wheelchair for longer distances to and from the aircraft and a lift
(if necessary). If, for example, you can ascend and descend stairs
and can walk shorter distances but have difficulty walking longer
distances, ask carrier personnel to provide a wheelchair or electric
cart for longer distances to and from the aircraft.
Carrier personnel are not permitted to physically hand-carry a
passenger with a disability on or off a plane, except in the case of
an emergency evacuation. Keep in mind that if none of the options
for boarding a particular flight is acceptable to you, you may have
to wait for another flight or alter your travel plans.
Carrying Assistive Devices and Keeping Them Near You
Carrying medicine or other assistive devices like syringes as a
carry-on item that you may need in the case of a flight cancellation
or a missed flight may be a good idea. At times, passengers get
separated unexpectedly from checked baggage. If you do decide to
carry medication or other assistive devices with you on board, the
items cannot be counted towards your carry-on baggage limit.
You are entitled to keep your assistive device near you on board
as long as it does not interfere with safety requirements.
Carry Information and Useful Documentation
Bringing photocopies of instructions about the assembly and
disassembly of wheelchairs and other assistive devices when you
access air transportation may be a good idea. You can provide that
information to carrier personnel storing or checking your wheelchair
or assistive device. Attaching a laminated set of brief instructions
to a wheelchair itself may also be a good idea in the event that
your wheelchair is disassembled or reassembled in a secure area to
which you do not have access.
Bringing photocopies of receipts, warranties, or other product
information concerning a wheelchair or assistive device may be
useful if the item is lost or damaged in transit. It might help with
locating a repair option or processing a claim for liability against
the carrier responsible for the loss or damage.
Complaints
Be aware that a Complaint Resolution Official (CRO) must be made
available to you if you ask to speak with a manager or supervisor
about a disability-related complaint. A CRO may be made available in
person or by telephone. Passengers who are deaf or hard of hearing
must be permitted to communicate with a CRO via a TTY on request.
If you make a written complaint, you should state whether a CRO
was contacted when the matter arose and, if so, include the name of
the CRO and the date of the contact, if available, and any written
response received from the CRO.
Familiarize Yourself With the Law
Knowledge of the Air Carrier Access Act (ACAA) and its
implementing regulations (14 CFR part 382) will permit you to be
able to ask the right questions and share the most useful
information with carriers. Some passengers with disabilities bring a
copy of the regulations with them when they access air
transportation in order to have the primary resource close at hand.
Carriers must maintain a copy of the regulations at each airport
they use. Therefore, if you are at an airport and have a question
about the regulations, you may ask to review them and the carrier
must provide them.
Individual Safety Briefings
You may receive an individual safety briefing under certain
circumstances. If so, you should be provided an accessible safety
briefing and it must be performed in a discreet manner. Keep in mind
that you may need to provide information to carrier personnel to
ensure that the individual safety briefing is accessible to you.
Limitations on Accommodations
Carrier personnel are expressly prohibited from performing
certain tasks. For example, carrier personnel cannot physically
hand-carry you on or off an airplane except in an emergency
evacuation. In addition, while on board, carrier personnel are not
required to administer medication to you, feed you, or accompany you
into the lavatory to assist you.
Pre-Boarding as an Option
Although you are not required to pre-board, choosing to take
advantage of a pre-boarding opportunity may assist you in securing a
seating accommodation when a carrier does not provide advance seat
assignments. In this situation, as a passenger with a disability,
you may choose to pre-board before all other passengers. You can
select a seat that best meets your needs if you have taken advantage
of the opportunity to pre-board.
Pre-boarding may also permit you to secure the allotted stowage
for your wheelchair or assistive device or it may permit easier
access to overhead compartments if you are stowing your assistive
device or parts of your wheelchair onboard.
Safety Always Considered
You should keep in mind that carriers are obligated to take the
safety of all passengers into consideration when making decisions
about accommodations for passengers with disabilities. At times,
safety requires placing certain limitations on accommodations, e.g.,
a service animal cannot block the aisle or an exit.
Seating Assignments
When requesting a particular seat assignment, it is useful to be
as specific as possible about the type of seat that will meet your
needs as a passenger with a disability. For example, instead of
merely asking for an ``accessible'' seat, it is more helpful to
provide some details about your specific needs, e.g., ask for a
bulkhead seat or an aisle seat with a movable armrest. This way,
carrier personnel can determine the most appropriate seating
accommodation for you.
[[Page 41508]]
Service Animals
It is not required under the law to provide advance notice if
you are traveling with a service animal. However, in order to
guarantee your seat assignment, you should be aware that, depending
on whether the carrier provides advance seat assignments and the
type of seating method it uses, it may have a policy requiring
passengers with a disability (i) to request a particular seat
assignment 24 hours in advance of the departure of the flight or
(ii) to check in at least an hour before the departure of the
flight. Carriers are obligated to make a good faith effort to
accommodate you and your service animal regardless of whether you
comply with the carrier's advance seat assignment policy and/or
advance check-in requirement. Keep in mind that requesting your seat
assignment well in advance of the flight may permit you to secure
the specific seat assignment you would like with the least amount of
waiting, inconvenience, or hassle to you.
Resources for Air Travelers With Disabilities
DOT Web Site
DOT posts useful information for all consumers, including air
travelers with disabilities, on its Web site at http://airconsumer.ost.dot.gov.
Click on ``Travel Tips and Publications.''
The following publications are useful for air travelers with
disabilities: Plane Talk--Passengers with Disabilities, Fly Rights,
and New Horizons: Information for the Air Traveller With a
Disability.
Air travelers with disabilities can also access recent DOT
enforcement orders to review DOT determinations involving the ACAA
and part 382 by going to http://www.dot.gov and clicking on
``Dockets and Regulations.'' See Appendix III for additional
instructions for searching this data base of DOT enforcement orders
and for a chart listing those enforcement orders related to the
ACAA.
DOT Hotline
The toll free telephone hotline system that provides general
information about the rights of air travelers with disabilities,
responds to requests for information, and assists air travelers with
time-sensitive disability-related issues. Members of the public may
call 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) from 7 a.m. to
11 p.m. Eastern time, seven days a week, to receive assistance
regarding air travel by individuals with disabilities.
Carriers' Web Pages and Reservations Personnel
Always check these resources when seeking information about
services and equipment when accessing air transportation.
Appendix II
Airline Management-Related Issues
Appendix II highlights provisions of the ACAA and the
accompanying regulations outlining specific responsibilities of
management of carriers, i.e., requirements to be implemented by
management employees as opposed to personnel who deal with the
traveling public, including passengers with a disability. In places,
these are overlapping responsibilities and cross-references will be
made to specific sections of this manual.
Discrimination Is Prohibited
Management of carriers are required to ensure that the carrier
(either directly or indirectly through its contractual, licensing,
or other arrangements for provision of air transportation) does not
discriminate against qualified individuals with a disability by
reason of such disability. [Sec. 382.7(a)(1)] In addition,
management of carriers should be aware that they are responsible for
compliance with the ACAA and part 382 not only by their own
employees, but also by employees of any company or entity performing
functions on behalf of the carrier.
More specifically, carriers cannot require a passenger with a
disability to accept special services, e.g., pre-boarding, not
requested by the passenger. [Sec. 382.7(a)(2)] Carriers cannot
exclude a qualified individual with a disability from or deny that
individual the benefit of air transportation or related services
that are available to other individuals, even if there are separate
or different services available for passengers with a disability,
except as provided by the ACAA and part 382. [Sec. 382.7(a)(3)]
Carriers cannot take actions adverse to passengers with a disability
if they assert their rights under the ACAA and part 382. [Sec.
382.7(a)(4)]
Carriers cannot limit the number of passengers with a disability
on a given flight. [Sec. 382.31(c)] Carriers must modify policies,
practices, and facilities as necessary to ensure nondiscrimination
consistent with the standards of Section 504 of the Rehabilitation
Act, as amended. Carriers are not required to make modifications
that would constitute an undue burden or would fundamentally alter
their program. [Sec. 382.7(c)]
Refusal of Transportation
Carriers cannot refuse transportation to a qualified individual
with a disability solely because the person's disability results in
appearance or involuntary behavior that may offend, annoy, or
inconvenience others. [Sec. 382.31(b)] Carriers must not refuse to
provide transportation to a passenger with a disability on the basis
of his or her disability unless it is expressly permitted by the
ACAA and part 382. [Sec. 382.31(a)]
Safety Considerations
The ACAA does not require air carriers to disregard applicable
FAA safety regulations. [Sec. 382.3(d)]
Carriers may refuse to provide transportation to any passenger
on the basis of safety and if carriage would violate FAA
regulations. However, when carriers exercise this authority, they
must not discriminate against a passenger with a disability on the
basis of disability. [Sec. 382.31(d)]
Written Explanation for Refusal of Transportation
When a carrier refuses to provide transportation to a passenger
on a basis relating to disability, the carrier must specify in
writing to the passenger the basis for the determination within 10
days of the refusal of transportation. [Sec. 382.31(e)] In the
situation where refusal of transportation is based on safety
concerns, the written notice must include the carrier's reasonable
and specific basis for its opinion that transporting the passenger
would be inimical to the safety of the flight.
No Charge for Accommodating Passengers With a Disability
Carriers cannot impose charges for providing facilities,
equipment, or services that are required by the ACAA and its
accompanying regulations for passengers with a disability. [Sec.
382.57]
Indirect Air Carriers
If an indirect air carrier provides facilities or services for
passengers that are covered for other carriers by sections 382.21
through 382.55, the indirect air carrier must do so in a manner
consistent with those regulations. [Sec. 382.7(b)]
Contractors and Travel Agents
Carriers must receive assurances from their contractors who
provide services, including travel agents (except non-U.S. citizens
providing services outside the U.S.), that they will not
discriminate on the basis of disability when providing such services
and include a clause with that assurance in their contracts. [Sec.
382.9(a)] Similarly, their contracts must contain a clause stating
that contractor employees will comply with directives issued by
CROs. [Sec. 382.9(b)]
Accessibility of Airport Facilities
All terminal facilities and services owned, leased, or operated
by a carrier at a commercial service airport, including parking and
ground transportation, must comply with the Standards for Accessible
Design under the Americans with Disabilities Act. [Sec. 382.23(e)]
See also 49 CFR part 37, Appendix A. Carriers must ensure that these
terminal facilities and services are accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.\1\ Sec. 382.23(b)] For example, carriers must ensure
that there is an accessible path between the gate and the boarding
area. [Sec. 382.23(c)]
---------------------------------------------------------------------------
\1\ Compliance with the requirements applying to places of
public accommodation under Department of Justice (DOJ) regulations
implementing Title III of the Americans with Disabilities Act (ADA)
is sufficient for compliance under the ACAA and part 382 with
respect to airport terminal facilities and services. [Sec.
382.23(b)]
---------------------------------------------------------------------------
Contracts or leases between carriers and airport operators
concerning the use of airport facilities must set forth the
respective responsibilities of the parties for the provision of
accessible facilities and services to individuals with disabilities
as required by law. [Sec. 382.23(f)]
Carriers must not (i) restrict the movements of individuals with
disabilities in terminals; (ii) require them to remain in a holding
area or other location in order to receive assistance; or (iii)
mandate separate treatment for individuals with disabilities except
as required or permitted under part 382. [Sec. 382.55(c)]
[[Page 41509]]
Advance Notice and Reservation System
Carriers' reservation and other administrative systems must
ensure that when advance notice is provided by a passenger with a
disability as provided by the ACAA and its implementing regulations
(see Ch. 3, Section A), the notice is recorded and properly
transmitted to operating employees responsible for providing the
accommodation about which notice was provided. [Sec. 382.33(d)]
Service Animals
Regardless of your carrier's policies with respect to pets,
carriers are required by law to permit passengers with a disability
to be accompanied by service animals in the cabin. [Sec. 382.55] See
also Ch. 3, Section D and Appendix VI.
Aircraft Accessibility
When considering ordering, purchasing, or leasing aircraft,
management of carriers should keep in mind that the following
features are required for aircraft ordered by the carrier after
April 5, 1990, or delivered to the carrier after April 5, 1992. In
addition, different size airplanes must be equipped with different
features according to the law. For example, aircraft with:
30 or more passenger seats must have movable aisle
armrests on at least half of the aisle seats where it is feasible
and it does not interfere with safety [Sec. 382.21(a)(i) and (ii)];
100 or more passenger seats must have priority storage
space within the cabin to stow at least one passenger's folding
wheelchair [Sec. 382.21(a)(2)] and DOT has interpreted that to mean
a space at least 13 inches wide, 36 inches high, and 42 inches long;
More than one aisle in which lavatories are provided
must include at least one lavatory accessible to passengers with a
disability accessing the lavatory with an on-board wheelchair [Sec.
382.21(a)(3)];
More than 60 passenger seats having an accessible
lavatory must be equipped with an on-board wheelchair [Sec.
382.21(a)(4)(i)]; and
More than 60 passenger seats having an inaccessible
lavatory must be equipped with an on-board wheelchair when a
passenger with a disability informs the carrier (providing advance
notice under Sec. 382.33(b)(8)) that he/she can use an inaccessible
lavatory but cannot reach the lavatory from his or her seat without
the use of an on-board wheelchair. [Sec. 382.21(a)(4)(ii)]
Requirements relating to retrofitting and replacing features to
ensure accessibility as well as providing on-board wheelchairs are
covered by other specific provisions. [Secs. 382.21(b) and (c)]
However, any replacement or refurbishing of the aircraft cabin must
not reduce existing accessibility to a level below that specified
under the law. [Sec. 382.21(e)] Carriers must maintain aircraft
accessibility features in proper working order. [Sec. 382.21(f)]
Seating Accommodations
Under certain circumstances, if a passenger self-identifies as a
passenger with a disability, carriers must provide seating
accommodations. [Sec. 382.38(a)] In order to provide these seating
accommodations and other seat assignment requests from passengers
with a disability, carriers may implement a reservation system to
provide for advance seat assignments. If a carrier provides advance
seat assignments, it may employ either the seat ``blocking'' method
or the ``priority'' seating method. Each method requires some
advance notice on the part of the passenger with a disability in
order to guarantee the seating accommodation. [Secs. 382.38(b) and
(c)]
Management of carriers should select an adequate reservation
system to meet its needs, ensure proper administration of the
reservation system, and provide employee training with respect to
the reservation system and the requirements under the law for
providing seating accommodations for passengers with disabilities.
If carriers do not employ a system for advance seat assignments,
if a passenger with a disability self-identifies, the passenger must
be allowed to pre-board the aircraft and select a seat to
accommodate a disability. [Sec. 382.38(d)]
Carriers are not required to provide more than one seat per
ticket or a seat in a class of service other than the one the
passenger has purchased to accommodate a passenger with a disability
in need of a seat assignment to accommodate his or her disability.
[Sec. 382.38(i)]
Carriers must comply with all FAA safety requirements in
responding to requests from individuals for seat assignment
accommodations. [Sec. 382.38(j)]
Services and Equipment
Boarding Assistance in General
If a passenger with a disability requests assistance getting on
an airplane or carrier personnel offer assistance and the passenger
consents, a carrier must provide such assistance with boarding.
[Sec. 382.39(a)] The type of assistance carriers must offer
includes, as needed, services personnel and the use of wheelchairs,
ramps, or mechanical lifts. [Sec. 382.39(a)(1)]
Carriers must provide access to the airplane for passengers with
a disability by level-entry loading bridges or accessible passenger
lounges where these means are available. [Sec. 382.39(a)(2)]
Depending on the size of the aircraft, carriers have different
obligations to provide boarding assistance to individuals with a
disability using mechanical lifts, ramps, or other suitable devices
that do not require lifting or carrying passengers up stairs. [Secs.
382.40 and 382.40a] See also Ch. 5, Section C.
Carriers must train to proficiency in the use of the boarding
assistance equipment and procedures regarding the safety and dignity
of passengers receiving boarding assistance. [Secs. 382.40(d) and
382.40a(d)]
Storing Wheelchairs and Other Assistive Devices in the Cabin
Carriers must allow passengers with a disability using personal
ventilators/respirators to bring their equipment, including non-
spillable batteries, on board the aircraft as long as FAA safety
regulations are met. [Sec. 382.41(b)] Carriers must permit
passengers to stow their canes and other assistive devices in the
cabin and close to their seats, consistent with FAA safety
regulations concerning carry-on items. [Sec. 382.41(c)]
Carriers must not count assistive devices toward the limit on
carry-on items when a passenger with a disability brings an
assistive device on board the aircraft. [Sec. 382.41(d)] Wheelchairs
and other assistive devices that cannot be stowed in the cabin must
be stowed in the baggage compartment with priority over other cargo
and baggage. [Sec. 382.41(f)(3)] In addition, because carriers
cannot charge for facilities, equipment, or services required under
the law to be provided to qualified individuals with a disability,
no charge would be imposed if a wheelchair or assistive device
exceeded the limit on checked baggage. [Sec. 382.57] Carriers must
permit the in-cabin storage of wheelchairs or components of
wheelchairs, including folding, collapsible, or breakdown battery-
powered wheelchairs. [Sec. 382.41(e)] In addition, aircraft with 100
or more passenger seats (ordered after April 5, 1990, or delivered
after April 5, 1992) must have a priority space in the cabin
designated for stowage of at least one passenger's folding
wheelchair. [Sec. 382.21(a)(2)]
On-Board Wheelchairs
When required, on-board wheelchairs must be equipped with
specific features and be designed to be compatible with the
maneuvering space, aisle width, and seat height of the aircraft on
which they are to be used, and to easily be pushed, pulled, and
turned in the cabin environment by carrier personnel. [Sec.
382.21(a)(4)(iii)]
Wheelchairs Unable To Be Stowed in the Cabin as Carry-On
When a folding, collapsible, or break-down wheelchair cannot be
stowed in the cabin as carry-on baggage, carriers must ensure the
timely checking and return of the passenger's wheelchair or other
assistive device as close as possible to the door of the aircraft.
[Sec. 382.41(f)]
In order to ensure the timely return of a passenger's wheelchair
or other assistive device, carriers must maintain a baggage storage
system so that the wheelchair or other assistive device must be
among the first items retrieved from the baggage compartment [Sec.
382.41(f)(2)] and it must be stowed in the baggage compartment with
priority over other items and baggage. [Sec. 382.41(f)(3)]
Battery-Powered Wheelchairs
Carriers must accept a passenger's battery-powered wheelchair,
including the battery, as checked baggage unless baggage compartment
size and aircraft airworthiness considerations prohibit it. [Sec.
382.41(g)]
Carriers may require that a passenger with a disability wishing
to have a battery-powered wheelchair transported on a flight
(including in the cabin) check in for the flight one hour before the
scheduled departure time. [Sec. 382.41(g)(1)]
If (i) the battery on the passenger's wheelchair has been
labeled by the manufacturer as non-spillable or (ii) the battery-
powered wheelchair with a spillable
[[Page 41510]]
battery can be loaded, stored, secured, and unloaded in an upright
position, carriers must not require the battery to be removed and
separately packaged. Carrier personnel may remove and package
separately any battery that appears to be damaged or leaking. [Sec.
382.41(g)(2)]
When it is necessary to detach a battery from a wheelchair,
carriers must provide packaging for the battery and package the
battery consistent with appropriate hazardous materials regulations.
[Sec. 382.41(g)(3)]
Liability for Loss or Damage
On domestic flights, the baggage liability limits do not apply
for liability for loss, damage, or delay concerning wheelchairs or
other assistive devices. Instead, the criterion for calculating the
compensation for lost, damaged, or destroyed wheelchairs or other
assistive devices must be the original price of the device. [Sec.
382.43(b)] Carrier personnel must not require a passenger with a
disability to sign a waiver of liability for damage to or loss of a
wheelchair or other assistive device. [Sec. 382.43(c)] Carrier
personnel may make notes about preexisting damage or conditions of
wheelchairs or other assistive devices.
Individual Safety Briefings and Timely and Complete Access to
Information
Carriers must ensure that, upon request, passengers with a
disability, including those who are blind or visually impaired or
deaf, hard of hearing, or deaf-blind, have timely access to
information being provided to other passengers, including but not
limited to, safety briefings [Secs. 382.45 and 382.47] and
information concerning ticketing, flight delays, schedule changes,
connections, flight check-in, gate assignments, the checking and
claiming of luggage, and aircraft changes that will affect the
travel of passengers with a disability. [Sec. 382.45(c)] See also
Ch. 5, Section F. If the safety briefing is presented to passengers
on video screens, carriers must ensure that the video presentation
is accessible to passengers who are deaf or hard of hearing. [Sec.
382.47(b)]
Complaint Procedures
Carriers providing scheduled service must establish and
implement a complaint resolution mechanism including designation of
one or more complaints resolution officials (CRO's). [Sec.
382.65(a)] The carrier must make the CRO available during all times
the carrier is operating at the airport. [Sec. 382.65(a)(1)] See
also Ch. 6.
Certificated U.S. carriers and foreign carriers \1\ operating
to, from, and in the United States using at least one aircraft with
more than 60 passenger seats, must record, categorize, and report
written disability-related complaints received by carriers to DOT on
an annual basis. [Secs. 382.70(b) and (c)] The first annual report
for calendar year 2004 was required to be submitted to DOT by
January 25, 2005. [Sec. 382.70(d)] In addition, carriers must use
the form specified in Appendix A to part 382 when making the annual
report to DOT. Carriers must develop a system for recording and
collecting data regarding specific categories of written disability-
related complaints that they receive according to the type of
disability and the nature of the complaint. [Sec. 382.70(c)]
---------------------------------------------------------------------------
\1\ Foreign carriers are covered by this section only with
respect to disability-related complaints associated with any flight
segment originating or terminating in the United States. [Sec.
382.70(b)]
---------------------------------------------------------------------------
Employee Training
Management of carriers should be aware that proper training of
carrier personnel is critical to compliance with the ACAA and part
382.
Carriers operating aircraft with more than 19 passenger seats
must provide training for all personnel who deal with the traveling
public, as appropriate to the duties and responsibilities of each
employee. [Sec. 382.61(a)]
Carriers must provide training to proficiency in the
requirements of the ACAA and its implementing regulations and other
DOT and FAA regulations affecting the provision of air
transportation to passengers with a disability, including the proper
and safe operation of any equipment used to accommodate passengers
with a disability. [Sec. 382.61(a)(1)(i) and (ii)]
Carriers must also train employees who deal with the traveling
public regarding awareness and appropriate responses to individuals
with a disability, including individuals with physical, sensory,
mental, and emotional disabilities, including how to distinguish
among the differing abilities of individuals with a disability.
[Sec. 382.61(a)(2)]
Carriers must consult with organizations representing persons
with disabilities in developing their training programs and policies
concerning which carrier personnel receive training. [Sec.
382.61(a)(3)]
Carriers must provide or require their contractors to provide
training to contractors' employees who deal with the traveling
public regarding providing air transportation to passengers with a
disability.
Carrier Programs
Carriers operating aircraft with more than 19 passenger seats
must establish and implement a written program for carrying out the
requirements of the law. [Sec. 382.63(a)] The program must include:
(i) A training schedule for training carrier personnel on
compliance; and (ii) the carrier's policies and procedures for
accommodating individuals with a disability consistent with the
requirements under the law. [Sec. 382.63(b)] DOT has the authority
to request and review such programs as appropriate. [Secs. 382.63(c)
and (d)]
Security Screenings
Carriers must undertake any security screening of a passenger
with a disability in the same manner as any other passenger. See Ch.
4, Section B. In the wake of the events of September 11, 2001,
however, in most cases, TSA has taken over for carriers in the area
of providing security screenings of passengers. Should carriers
resume this responsibility or in cases where carriers still retain
some involvement in the security screening process, this section
would be applicable to carriers and contractors of carriers
performing this function.
Appendix III
Frequently Asked Questions
Question: What's the difference between the Air Carrier Access
Act (ACAA) and the Americans with Disabilities Act (ADA)?
Answer: The ACAA, signed into law by then-President Reagan in
1986, prohibits discrimination by airlines against individuals with
disabilities in commercial air transportation. The ADA, signed into
law after the ACAA in 1990 by then-President Bush, prohibits
discrimination against individuals with disabilities in employment,
public accommodations, commercial facilities, telecommunications,
and transportation other than by commercial airlines (e.g., subway
and bus systems). [Sec. 382.1]
Question: Do the ACAA and its implementing regulations (14 CFR
part 382 or part 382) apply to both U.S. and foreign carriers?
Answer: When initially passed in 1986, the ACAA and part 382
(subsequently issued in March 1990) applied only to U.S. carriers.
However, on April 5, 2000, Congress extended the applicability of
the ACAA to cover foreign carriers. At approximately the same time,
DOT issued a notice to foreign carriers advising them that the
Department intended to use the provisions of part 382, which by its
terms does not impose requirements on foreign air carriers, as
guidance in investigating any complaints it receives alleging
noncompliance with the ACAA by foreign carriers. The only provision
of part 382 that currently applies to foreign air carriers is
Section 382.70(b), which expressly requires foreign carriers to
record, categorize, and report written disability-related complaints
associated with any flight segment originating or terminating in the
U.S. to DOT on an annual basis. DOT will soon be issuing a revised
part 382 that will apply to both U.S. and foreign carriers. [Sec.
382.3]
Question: Recently, I broke my leg and I'll be in a cast and
walking with crutches for several weeks. Am I covered by the ACAA?
Answer: Yes. The ACAA and part 382 apply to individuals who have
a physical or mental impairment that, on a permanent or temporary
basis, substantially limits a major life activity. Since your
temporary impairment limits the major life activity of walking, you
are considered a qualified individual with a disability. Therefore,
you are covered by the ACAA and Part 382. [Sec. 382.5]
Question: Am I entitled to the services and accommodations
required by part 382 if I'm a qualified individual with a disability
but I'm not a passenger, but rather I am just going to the airport
to meet a friend who is traveling?
Answer: Yes. Carriers are required, under appropriate
circumstances, to provide the services and accommodations mandated
by part 382, on request, to all qualified individuals with
disabilities, whether or not such individuals are passengers or
simply using the airport facility for other reasons (e.g., meeting a
friend, purchasing a ticket for a future flight, etc.)
Question: I understand that part 382 requires airlines to
provide wheelchair
[[Page 41511]]
enplaning assistance, on request. I need wheelchair assistance
getting from the curb, at the entrance to the airport, to the
airplane. Are carriers required to provide wheelchair service from
the curb to the airplane or only from the ticket counter to the
airplane?
Answer: Part 382 requires carriers to provide wheelchair
enplaning help, on request, from the curb to the airplane on
departure, and from the airplane back out to the curb upon arrival.
However, carriers are not required to station employees at the curb
to await the arrival of passengers with disabilities. Therefore, it
is advisable to ask a friend or a cab driver to help in getting the
attention of carrier personnel in the terminal to obtain the
required assistance if the carrier does not have curb-side
attendants. If requested, after your flight arrives at your
destination, the carrier must also assist you in claiming your
checked luggage before assisting you in a wheelchair to the curb.
[Sec. 382.39]
Question: Are airlines allowed to charge for providing services
to passengers with disabilities?
Answer: Airlines are not allowed to charge passengers for
providing services or accommodations required by part 382, but may
charge for optional services or accommodations. Examples of required
services for which carriers may not charge are assistance with
enplaning, deplaning, and making flight connections, and the
carriage of assistive devices (including the provision of hazardous
materials packaging for wheelchair batteries, when appropriate).
Examples of optional services for which carriers may charge are the
provision of in-flight medical oxygen and stretcher service. [Sec.
382.57]
Question: I was flying a U.S. carrier from New York to
California and they damaged my expensive battery-powered wheelchair.
I purchased this wheelchair last year for $10,000. The repair cost
was $3,000. Can the carrier limit the amount of money they pay me
for this claim to $2,800, as they currently may for domestic baggage
claims?
Answer: No. On claims involving damage to assistive devices on
domestic flights, carriers may not invoke the liability limit
applicable to baggage claims. The criterion for calculating the
compensation for lost or damaged wheelchairs and other assistive
devices is the original purchase price of the device. In this
instance, the carrier should pay you or the repair company $3,000
provided that you can document the initial purchase price of the
wheelchair and the cost of the repair. You may also be entitled to
reimbursement for the cost of a loaner or rental wheelchair while
yours is being repaired. [Sec. 382.43]
Question: I'm flying from Cleveland to Chicago on ABC Airlines
and then connecting on XYZ Airlines on a flight from Chicago to
Seattle. I need wheelchair assistance to reach my connecting gate.
Which carrier is responsible for providing this wheelchair
assistance to the connecting gate?
Answer: As the delivering carrier, ABC Airlines is required to
provide you with the requested wheelchair assistance in reaching
your connecting gate, at which point XYZ Airlines is then
responsible for providing you with assistance in enplaning onto your
connecting flight. The delivering carrier must assist you in
reaching your connecting gate even if you are traveling on two
separate tickets and the connecting flight is departing from a
different terminal within the same airport. However, you should make
the need for such assistance clear to ABC Airlines before the
flight, if possible. [Sec. 382.39]
Question: On aircraft that must have a priority stowage space in
the cabin for my personal folding wheelchair, do I still get
priority stowage for my folding wheelchair if the pilot happens to
have his personal belongings in that space when I pre-board?
Answer: Yes. Your personal folding wheelchair takes priority
over the personal carry-on items of the pilot and crew. [Sec.
382.41(e)(2)]
Question: I fly with my service animal and normally ask for a
bulkhead seat, as it provides a little bit more room for my service
dog. On a recent flight, the carrier would not allow me to sit in
the bulkhead row with my service animal because the bulkhead row was
also an emergency exit row. Was the carrier correct in asking me to
take a seat other than a bulkhead seat in the emergency exit row?
Answer: Yes. The carrier was within its rights to refuse to
permit you to sit in the bulkhead seat with your service animal,
because the service animal may have blocked access to the emergency
exit. Carriers must comply with all applicable FAA safety rules,
even when attempting to accommodate the needs of passengers with
disabilities. In such instances, the carrier should permit you and
your service animal to move to another seat within the cabin that is
not located in an emergency exit row that best accommodates your
needs. [Sec. 382.37]
Question: Is obesity considered a disability under the ACAA and,
if so, is an obese passenger entitled to two seats for the price of
one if he or she needs more than one seat?
Answer: Obesity in and of itself is not necessarily a qualifying
disability. However, obesity could be a qualifying disability if,
for example, it substantially limits a major life activity, such as
walking. If an obese passenger--whether the passenger is a qualified
individual with a disability or not--occupies more than one seat,
airlines may charge that passenger for the number of seats the
passenger occupies. Also, there may be certain obese persons who are
too heavy to be safely accommodated on certain aircraft, e.g.,
because of safety limitations on seatbelts. [Secs. 382.5 and
382.38(i)]
Question: I require medical oxygen when I travel by air. Are
airlines required to provide in-flight medical oxygen and, if so,
may they charge passengers for providing medical oxygen?
Answer: Although many of the major U.S. carriers currently
provide in-flight medical oxygen for a fee, part 382 does not
require them to do so. Those carriers that choose to provide in-
flight medical oxygen may charge passengers for this service, just
as they may for other optional services, such as stretcher service.
[Sec. 382.33]
Question: I'm a paraplegic and travel with my personal manual
wheelchair. May airlines require me to travel with an attendant?
Answer: Airlines may not require a passenger with a mobility
impairment to travel with an attendant if that passenger can
physically assist in his or her evacuation. Since, in most
instances, paraplegics have use of their arms and upper bodies, they
can usually physically assist in their evacuation and generally
should not be required to travel with an attendant. To the contrary,
quadriplegics with no use of their arms or legs can be required to
fly with an attendant. [Sec. 382.35]
Question: I'm deaf and want to make sure that I receive
important information such as schedule changes, gate changes, etc.
Do the airlines have to provide me with such information?
Answer: Yes. Part 382 requires carriers to provide passengers
who are deaf or hard of hearing or who have vision impairments with
timely access to the same information that they provide to other
passengers in the airport terminal or on the aircraft. Persons who
are unable to obtain this information from the audio or visual
systems used by carriers may have to advise the carrier about the
nature of their disability, at which point the carrier must ensure
that such individuals receive the necessary information in an
accessible manner. [Sec. 382.45]
Question: Can things other than wheelchairs or canes be
assistive devices? What exactly does part 382 mean when it refers to
assistive devices?
Answer: Assistive devices under Part 382 are not limited to
mobility devices such as wheelchairs, walkers, and canes. An
assistive device can be any piece of equipment that assists
passengers with a disability in carrying out a major life activity.
Such devices are those devices or equipment used to assist a
passenger with a disability in caring for himself or herself,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working, or performing other functions of daily
life. Assistive devices may include medical devices and medications.
Question: How can I find out information on the number and types
of disability-related complaints filed with DOT against specific
airlines?
Answer: DOT's Aviation Consumer Protection Division publishes a
monthly Air Travel Consumer Report (ATCR) which provides information
on the number of disability-related complaints received each month
by DOT. The ATCR can be accessed at http://airconsumer.ost.dot.gov.
In addition, an amendment to DOT's disability rule (part 382) that
came into effect on August 7, 2003, requires U.S. and foreign
airlines operating passenger-carrying flights to and from the United
States with aircraft having a designed seating capacity of more than
60 seats to report annually to DOT on the number and type of written
disability-related complaints that they receive. These individual
carrier reports will contain summary information on the number of
such complaints, the type of disability, and the nature of the
complaint. The first such report, which covers written complaints
received by the airlines during calendar year 2004, was due by
January 25, 2005. DOT intends to provide a summary report to
Congress, which will be available to the public. [Section 382.70]
[[Page 41512]]
Question: I travel with a service animal and ask for a bulkhead
seat if one is available, as I find such a seat to be more
comfortable for my service dog. How come some passengers with
service animals avoid the bulkhead row?
Answer: It is DOT's understanding that some service animals are
trained to curl up underneath a non-bulkhead row airline seat,
whereas other service animals are more comfortable in the area
between a bulkhead seat and the bulkhead wall itself. For this
reason, when DOT amended part 382 to require seating accommodations
for passengers traveling with service animals, it required carriers
to provide either a seat in a bulkhead row or a seat other than a
bulkhead seat, depending on the individual passenger's preference.
Question: Are airlines allowed to require all passengers who are
both deaf and blind to travel with an attendant?
Answer: No. Airlines may not have a policy that requires all
passengers who are both deaf and blind to travel with an attendant.
However, if an individual passenger has both a hearing and vision
impairment so severe that the individual cannot establish some means
of communicating with airline personnel sufficiently to receive the
preflight safety briefing (e.g., using the ``printing on palm''
method of ``writing'' with your fingertip on the palm of the
passenger's hand, or using a ``raised alphabet'' card to
communicate), an airline could require that individual to travel
with an attendant. DOT recognizes that in many situations carrier
personnel may have difficulty communicating with a passenger who is
deaf and blind. Such determinations must be made on a case-by-case
basis using an individualized assessment of the passenger's specific
capabilities.
Appendix IV
Recent Department of Transportation Enforcement Orders Related to the
Air Carrier Access Act
The following list of orders pertains to administrative
enforcement actions conducted by or filed with the Aviation
Enforcement and Proceedings (AEP) Office of the Department of
Transportation (DOT). These administrative determinations by and
large pertain to decisions resulting from enforcement actions
against air carriers pursuant to the Air Carrier Access Act (ACAA),
49 U.S.C. 41705, and its implementing regulations, 14 CFR part 382,
which prohibit discrimination by U.S. air carriers against qualified
individuals with disabilities. These orders may be informative in
assisting the reader to understand how the ACAA and its implementing
regulation have been interpreted by DOT and applied in enforcement
actions against air carriers.
The AEP Office's statutory jurisdiction spans a broad range of
regulatory legal issues including civil rights and consumer
protection, among others. The AEP issues many and varied types of
orders within the scope of its authority. The orders listed in this
appendix address only the most recent civil rights enforcement
actions under the ACAA, going back to March, 2000 and are not meant
to be a complete listing of all ACAA orders issued by the DOT
through its AEP Office.
To access these orders, go to http://www.dot.gov. Click on
``Dockets and Regulations,'' then ``Docket Management System,'' and
then on ``Simple Search.'' Type in the last five digits of the
docket number pertaining to the order that you are interested in.
Using the date the order was issued and/or the order number, scroll
through the docket index to identify the order you wish to review
and click on the appropriate format in which you wish to retrieve
the document.
----------------------------------------------------------------------------------------------------------------
Date of
Issues issue Order No. Docket No.
----------------------------------------------------------------------------------------------------------------
Failure to provide prompt and proper 8/18/04 2004-8-19 OST-2004-16943
enplaning, connecting, and deplaning
assistance primarily to passengers who have
mobility impairments.
``Medically-prescribed marijuana''........... 5/27/04 2004-5-25 OST-2003-14808
Failure to provide a priority space to stow 4/30/04 2004-4-22 OST-2004-16943
at least one passenger's folding wheelchair
in the cabin.
Failure to provide a priority space to stow 3/9/04 2004-3-4 OST-2004-16493
at least one passenger's folding wheelchair
in the cabin.
Failure to provide prompt and proper 12/5/03 2003-12-6 OST-2003-14194
enplaning, connecting, and deplaning
assistance primarily to passengers who have
mobility impairments.
Failure to provide a priority space to stow 11/13/03 2003-11-5 OST-2003-14194
at least one passenger's folding wheelchair
in the cabin.
Failure to provide prompt and proper 11/10/03 2003-11-4 OST-2003-16507
enplaning, connecting, and deplaning
assistance primarily to passengers who have
mobility impairments.
Failure to provide a priority space to stow 10/8/03 2003-10-11 OST-2003-14194
at least one passenger's folding wheelchair
in the cabin.
Failure to provide adequate transport, 9/8/03 2003-9-4 OST-2003-14194
enplaning, and deplaning assistance,
wheelchair stowage and damage.
Failure to provide a priority space to stow 8/28/03 2003-8-30 OST-2003-14194
at least one passenger's folding wheelchair
in the cabin.
Failure to provide a priority space to stow 8/28/03 2003-8-29 OST-2003-14194
at least one passenger's folding wheelchair
in the cabin.
Failure to provide a priority space to stow 8/28/03 2003-8-28 OST-2003-14194
at least one passenger's folding wheelchair
in the cabin.
Prompt and proper enplaning and deplaning 7/11/03 2003-7-12 OST-2003-14194
assistance.
Prompt and proper enplaning and deplaning 6/2/03 2003-6-3 OST-2001-10598
assistance.
Prompt and proper enplaning and deplaning 3/26/03 2003-3-19 OST-2003-14194
assistance.
Prompt and proper enplaning and deplaning 3/4/03 2003-3-1 OST-2003-14194
assistance.
Special seating accommodations for tall 3/19/02 2002-7-36 OST-2001-8991
people.
Adequate wheelchair assistance and other 2/11/02 2002-3-15 OST-2002-10598
required assistance.
Refusal to transport a person with a 8/2/01 2001-8-17 OST-2001-19598
disability.
Sensitivity to tobacco smoke................. 3/12/01 2001-3-9 OST-2000-7891
In-cabin wheelchair stowage.................. 2/7/2001 2001-2-6 OST-2000-7591
Refusal to transport a person with a 8/22/00 2000-8-18 OST-2000-19597
disability.
Prompt and proper enplaning and deplaning 3/27/00 2000-3-24 OST-99-6111
assistance; wheelchair stowage.
----------------------------------------------------------------------------------------------------------------
BILLING CODE 4910-62-P
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Appendix V
14 CFR Part 382
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BILLING CODE 4910-62-C
Appendix VI
DOT Guidance Concerning Service Animals in Air Transportation
POLICY GUIDANCE CONCERNING SERVICE ANIMALS IN AIR TRANSPORTATION
In 1990, the U.S. Department of Transportation (DOT) promulgated
the official regulations implementing the Air Carrier Access Act
(ACAA). Those rules are entitled Nondiscrimination on the Basis of
Disability in Air Travel (14 CFR Part 382). Since then the number of
people with disabilities traveling by air has grown steadily. This
growth has increased the demand for air transportation accessible to
all people with disabilities and the importance of understanding
DOT's regulations and how to apply them. This document expands on an
earlier DOT guidance document published in 1996,\4\ which was based
on an earlier Americans with Disabilities Act (ADA) service animal
guide issued by the Department of Justice (DOJ) in July 1996. The
purpose of this document is to aid airline employees and people with
disabilities in understanding and applying the ACAA and the
provisions of Part 382 with respect to service animals in
determining:
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\4\ 61 FR 56409, 56420 (Nov. 1, 1996).
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(1) Whether an animal is a service animal and its user a
qualified individual with a disability;
(2) How to accommodate a qualified person with a disability with
a service animal in the aircraft cabin; and
(3) When a service animal legally can be refused carriage in the
cabin.
Background
The 1996 DOT guidance document defines a service animal as ``any
guide dog, signal dog, or other animal individually trained to
provide assistance to an individual with a disability. If the animal
meets this definition, it is considered a service animal regardless
of whether it has been licensed or certified by a state or local
government.'' This document refines DOT's previous definition of
service animal \5\ by making it clear that animals that assist
persons with disabilities by providing emotional support qualify as
service animals and ensuring that, in situations concerning
emotional support animals, the authority of airline personnel to
require documentation of the individual's disability and the medical
necessity of the passenger traveling with the animal is understood.
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\5\ See Glossary for definition of this and other terms.
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Today, both the general public and people with disabilities use
many different terms to identify animals that can meet the legal
definition of ``service animal.'' These range from umbrella terms
such as ``assistance animal'' to specific labels such as
``hearing,'' ``signal,'' ``seizure alert,'' ``psychiatric service,''
``emotional support'' animal, etc. that describe how the animal
assists a person with a disability.
When Part 382 was promulgated, most service animals were guide
or hearing dogs. Since then, a wider variety of animals (e.g., cats,
monkeys, etc.) have been individually trained to assist people with
disabilities. Service animals also perform a much wider variety of
functions than ever before (e.g., alerting a person with epilepsy of
imminent seizure onset, pulling a wheelchair, assisting persons with
mobility impairments with balance). These developments can make it
difficult for airline employees to distinguish service animals from
pets, especially when a passenger does not appear to be disabled, or
the animal has no obvious indicators that it is a service animal.
Passengers may claim that their animals are service animals at times
to get around airline policies that restrict the carriage of pets.
Clear guidelines are needed to assist airline personnel and people
with disabilities in knowing what to expect and what to do when
these assessments are made.
Since airlines also are obliged to provide all accommodations in
accordance with FAA safety regulations (see section 382.3(d)),
educated consumers help assure that airlines provide accommodations
consistent with the carriers' safety duties and responsibilities.
Educated consumers also assist the airline in providing them the
services they want, including accommodations, as quickly and
efficiently as possible.
General Requirements of Part 382
In a nutshell, the main requirements of Part 382 regarding
service animals are:
Carriers shall permit dogs and other service animals
used by persons with disabilities to accompany the persons on a
flight. See section 382.55(a)(1-2).
[rtarr8] Carriers shall accept as evidence that an animal is a
service animal identifiers such as identification cards, other
written documentation, presence of harnesses, tags or the credible
verbal assurances of a qualified individual with a disability using
the animal.
[rtarr8] Carriers shall permit a service animal to accompany a
qualified individual with a disability in any seat in which the
person sits, unless the animal obstructs an aisle or other area that
must remain unobstructed in order to facilitate an emergency
evacuation or to comply with FAA regulations.
If a service animal cannot be accommodated at the seat
location of the qualified individual with a disability whom the
animal is accompanying, the carrier shall offer the passenger the
opportunity to move with the animal to a seat location in the same
class of service, if present on the aircraft, where the animal can
be accommodated, as an alternative to requiring that the animal
travel in the cargo hold (see section 382.37(c)).
Carriers shall not impose charges for providing
facilities, equipment, or services that are required by this part to
be provided to qualified individuals with a disability (see section
382.57).
Two Steps for Airline Personnel
To determine whether an animal is a service animal and should be
allowed to accompany its user in the cabin, airline personnel
should:
1. Establish whether the animal is a pet or a service animal,
and whether the passenger is a qualified individual with a
disability; and then
2. Determine if the service animal presents either:
A ``direct threat to the health or safety of others,''
or
A significant threat of disruption to the airline
service in the cabin (i.e. a ``fundamental alteration'' to passenger
service). See 382.7(c).
Service Animals
How do I know it's a service animal and not a pet? Remember: In
most situations the key is TRAINING. Generally, a service animal is
individually trained to perform functions to assist the passenger
who is a qualified individual with a disability. In a few extremely
limited situations, an animal such as a seizure alert animal may be
capable of performing functions to assist a qualified person with a
disability without individualized training. Also, an animal used for
emotional support need not have specific training for that function.
Similar to an animal that has been individually trained, the
definition of a service animal includes:
An animal that has been shown to have the innate
ability to assist a person with a disability; or
An emotional support animal.
These five steps can help one determine whether an animal is a
service animal or a pet:
1. Obtain credible verbal assurances: Ask the passenger: ``Is
this your pet?'' If the
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passenger responds that the animal is a service animal and not a
pet, but uncertainty remains about the animal, appropriate follow-up
questions would include:
[rtarr8] ``What tasks or functions does your animal perform for
you?'' or
[rtarr8] ``What has it been trained to do for you?''
[rtarr8] ``Would you describe how the animal performs this task
(or function) for you?''
As noted earlier, functions include, but are not
limited to:
A. Helping blind or visually impaired people to safely negotiate
their surroundings;
B. Alerting deaf and hard-of-hearing persons to sounds;
C. Helping people with mobility impairments to open and close
doors, retrieve objects, transfer from one seat to another, maintain
balance; or
D. Alert or respond to a disability-related need or emergency
(e.g., seizure, extreme social anxiety or panic attack).
Note that to be a service animal that can properly
travel in the cabin, the animal need not necessarily perform a
function for the passenger during the flight. For example, some dogs
are trained to help pull a passenger's wheelchair or carry items
that the passenger cannot readily carry while using his or her
wheelchair. It would not be appropriate to deny transportation in
the cabin to such a dog.
If a passenger cannot provide credible assurances that
an animal has been individually trained or is able to perform some
task or function to assist the passenger with his or her disability,
the animal might not be a service animal. In this case, the airline
personnel may require documentation (see Documentation below).
There may be cases in which a passenger with a
disability has personally trained an animal to perform a specific
function (e.g., seizure alert). Such an animal may not have been
trained through a formal training program (e.g., a ``school'' for
service animals). If the passenger can provide a reasonable
explanation of how the animal was trained or how it performs the
function for which it is being used, this can constitute a
``credible verbal assurance'' that the animal has been trained to
perform a function for the passenger.
2. Look for physical indicators on the animal: Some service
animals wear harnesses, vests, capes or backpacks. Markings on these
items or on the animal's tags may identify it as a service animal.
It should be noted, however, that the absence of such equipment does
not necessarily mean the animal is not a service animal.
3. Request documentation for service animals other than
emotional support animals: The law allows airline personnel to ask
for documentation as a means of verifying that the animal is a
service animal, but DOT urges carriers not to require documentation
as a condition for permitting an individual to travel with his or
her service animal in the cabin unless a passenger's verbal
assurance is not credible. In that case, the airline may require
documentation as a condition for allowing the animal to travel in
the cabin. The purpose of documentation is to substantiate the
passenger's disability-related need for the animal's accompaniment,
which the airline may require as a condition to permit the animal to
travel in the cabin. Examples of documentation include a letter from
a licensed professional treating the passenger's condition (e.g.,
physician, mental health professional, vocational case manager,
etc.)
4. Require documentation for emotional support animals: With
respect to an animal used for emotional support (which need not have
specific training for that function), airline personnel may require
current documentation (i.e., not more than one year old) on
letterhead from a mental health professional stating (1) that the
passenger has a mental health-related disability; (2) that having
the animal accompany the passenger is necessary to the passenger's
mental health or treatment or to assist the passenger (with his or
her disability); and (3) that the individual providing the
assessment of the passenger is a licensed mental health professional
and the passenger is under his or her professional care. Airline
personnel may require this documentation as a condition of
permitting the animal to accompany the passenger in the cabin. The
purpose of this provision is to prevent abuse by passengers that do
not have a medical need for an emotional support animal and to
ensure that passengers who have a legitimate need for emotional
support animals are permitted to travel with their service animals
on the aircraft. Airlines are not permitted to require the
documentation to specify the type of mental health disability, e.g.,
panic attacks.
5. Observe behavior of animals: Service animals are trained to
behave properly in public settings. For example, a properly trained
guide dog will remain at its owner's feet. It does not run freely
around an aircraft or an airport gate area, bark or growl repeatedly
at other persons on the aircraft, bite or jump on people, or urinate
or defecate in the cabin or gate area. An animal that engages in
such disruptive behavior shows that it has not been successfully
trained to function as a service animal in public settings.
Therefore, airlines are not required to treat it as a service
animal, even if the animal performs an assistive function for a
passenger with a disability or is necessary for a passenger's
emotional well-being.
What about service animals in training? Part 382 requires
airlines to allow service animals to accompany their handlers \6\ in
the cabin of the aircraft, but airlines are not required otherwise
to carry animals of any kind either in the cabin or in the cargo
hold. Airlines are free to adopt any policy they choose regarding
the carriage of pets and other animals provided that they comply
with other applicable requirements (e.g., the Animal Welfare Act).
Although ``service animals in training'' are not pets, the ACAA does
not include them, because ``in training'' status indicates that they
do not yet meet the legal definition of service animal. However,
like pet policies, airline policies regarding service animals in
training vary. Some airlines permit qualified trainers to bring
service animals in training aboard an aircraft for training
purposes. Trainers of service animals should consult with airlines,
and become familiar with their policies.
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\6\ Service animal users typically refer to the person who
accompanies the animal as the ``handler.''
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What about a service animal that is not accompanying a qualified
individual with a disability? When a service animal is not
accompanying a passenger with a disability, the airline's general
policies on the carriage of animals usually apply. Airline personnel
should know their company's policies on pets, service animals in
training, and the carriage of animals generally. Individuals
planning to travel with a service animal other than their own should
inquire about the applicable policies in advance.
Qualified Individuals With Disabilities \7\
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\7\ See Glossary.
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How do I know if a passenger is a qualified individual with a
disability who is entitled to bring a service animal in the cabin of
the aircraft if the disability is not readily apparent?
Ask the passenger about his or her disability as it
relates to the need for a service animal. Once the passenger
identifies the animal as a service animal, you may ask, ``How does
your animal assist you with your disability?'' Avoid the question
``What is your disability?'' as this implies you are asking for a
medical label or the cause of the disability, which is intrusive and
inconsistent with the intent of the ACAA. Remember, Part 382 is
intended to facilitate travel by people with disabilities by
requiring airlines to accommodate them on an individual basis.
Ask the passenger whether he or she has documentation
as a means of verifying the medical necessity of the passenger
traveling with the animal. Keep in mind that you can ask but cannot
require documentation as proof of service animal status UNLESS (1) a
passenger's verbal assurance is not credible and the airline
personnel cannot in good faith determine whether the animal is a
service animal without documentation, or (2) a passenger indicates
that the animal is to be used as an emotional support animal.
Using the questions and other factors above, you must
decide whether it is reasonable to believe that the passenger is a
qualified individual with a disability, and the animal is a service
animal.
Denying a Service Animal Carriage in the Cabin
What do I do if I believe that carriage of the animal in the
cabin of the aircraft would inconvenience non-disabled passengers?
Part 382 requires airlines to permit qualified individuals with a
disability to be accompanied by their service animals in the cabin,
as long as the animals do not (1) pose a direct threat to the health
or safety of others (e.g., animal displays threatening behaviors by
growling, snarling, lunging at, or attempting to bite other persons
on the aircraft) or (2) cause a significant disruption in cabin
service (i.e., a ``fundamental alteration'' to passenger service).
Inconvenience of other passengers is not sufficient grounds to deny
a service animal
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carriage in the cabin; as indicated later in this document, however,
airlines are not required to ask other passengers to relinquish
space that they would normally use in order to accommodate a service
animal (e.g., space under the seat in front of the non-disabled
passenger).
What do I do if I believe that a passenger's assertions about
having a disability or a service animal are not credible?
Ask if the passenger has documentation that satisfies
the requirements for determining that the animal is a service animal
(see discussion of ``Documentation'' above).
If the passenger has no documents, then explain to the
passenger that the animal cannot be carried in the cabin, because it
does not meet the criteria for service animals. Explain your
airline's policy on pets (i.e., will or will not accept for carriage
in the cabin or cargo hold), and what procedures to follow.
If the passenger does not accept your explanation,
avoid getting into an argument. Ask the passenger to wait while you
contact your airline's complaint resolution official (CRO). Part 382
requires all airlines to have a CRO available at each airport they
serve during all hours of operation. The CRO may be made available
by telephone. The CRO is a resource for resolving difficulties
related to disability accommodation.
Consult with the CRO immediately, if possible. The CRO
normally has the authority to make the final decision regarding
carriage of service animals. In the rare instance that a service
animal would raise a concern regarding flight safety, the CRO may
consult with the pilot-in-command. If the pilot-in-command makes a
decision to restrict the animal from the cabin or the flight for
safety reasons, the CRO cannot countermand the pilot's decision.
This does not preclude the Department from taking subsequent
enforcement action, however, if it is determined that the pilot's
decision was inconsistent with Part 382.
If a passenger makes a complaint to a CRO about a past
decision not to accept an animal as a service animal, then the CRO
must provide a written statement to the passenger within 10 days
explaining the reason(s) for that determination. If carrier
personnel other than the CRO make the final decision, a written
explanation is not required; however, because denying carriage of a
legitimate service animal is a potential civil rights violation, it
is recommended that carrier personnel explain to the passenger the
reason the animal will not be accepted as a service animal. A
recommended practice may include sending passengers whose animals
are not accepted as service animals a letter within ten business
days explaining the basis for such a decision.
In considering whether a service animal should be excluded from
the cabin, keep these things in mind:
Certain unusual service animals pose unavoidable safety
and/or public health concerns and airlines are not required to
transport them. Snakes, other reptiles, ferrets, rodents, and
spiders certainly fall within this category of animals.
In all other circumstances, each situation must be
considered individually. Do not make assumptions about how a
particular unusual animal is likely to behave based on past
experience with other animals. You may inquire, however, about
whether a particular animal has been trained to behave properly in a
public setting.
Before deciding to exclude the animal, you should
consider and try available means of mitigating the problem (e.g.,
muzzling a dog that barks frequently, allowing the passenger a
reasonable amount of time under the circumstances to correct the
disruptive behavior, offering the passenger a different seat where
the animal won't block the aisle.)
If it is determined that the animal should not accompany the
disabled passenger in the cabin at this time, offer the passenger
alternative accommodations in accordance with Part 382 and company
policy (e.g., accept the animal for carriage in the cargo hold).
What about unusual service animals?
As indicated above, certain unusual service animals,
pose unavoidable safety and/or public health concerns and airlines
are not required to transport them. Snakes, other reptiles, ferrets,
rodents, and spiders certainly fall within this category of animals.
The release of such an animal in the aircraft cabin could result in
a direct threat to the health or safety of passengers and
crewmembers. For these reasons, airlines are not required to
transport these types of service animals in the cabin, and carriage
in the cargo hold will be in accordance with company policies on the
carriage of animals generally.
Other unusual animals such as miniature horses, pigs
and monkeys should be evaluated on a case-by-case basis. Factors to
consider are the animal's size, weight, state and foreign country
restrictions, and whether or not the animal would pose a direct
threat to the health or safety of others, or cause a fundamental
alteration (significant disruption) in the cabin service. If none of
these factors apply, the animal may accompany the passenger in the
cabin. In most other situations, the animal should be carried in the
cargo hold in accordance with company policy.
Miscellaneous Questions
What about the passenger who has two or more service animals?
A single passenger legitimately may have two or more
service animals. In these circumstances, you should make every
reasonable effort to accommodate them in the cabin in accordance
with Part 382 and company policies on seating. This might include
permitting the passenger to purchase a second seat so that the
animals can be accommodated in accordance with FAA safety
regulations. You may offer the passenger a seat on a later flight if
the passenger and animals cannot be accommodated together at a
single passenger seat. Airlines may not charge passengers for
accommodations that are required by Part 382, including transporting
service animals in the cargo compartment. If carriage in the cargo
compartment is unavoidable, notify the destination station to return
the service animal(s) to the passenger at the gate as soon as
possible, or to assist the passenger as necessary to retrieve them
in the appropriate location.
What if the service animal is too large to fit under the seat in
front of the customer?
If the service animal does not fit in the assigned
location, you should relocate the passenger and the service animal
to some other place in the cabin in the same class of service where
the animal will fit under the seat in front of the passenger and not
create an obstruction, such as the bulkhead. If no single seat in
the cabin will accommodate the animal and passenger without causing
an obstruction, you may offer the option of purchasing a second
seat, traveling on a later flight or having the service animal
travel in the cargo hold. As indicated above, airlines may not
charge passengers with disabilities for services required by Part
382, including transporting their oversized service animals in the
cargo compartment.
Should passengers provide advance notice to the airline
concerning multiple or large service animals? In most cases,
airlines may not insist on advance notice or health certificates for
service animals under the ACAA regulations. However, it is very
useful for passengers to contact the airline well in advance if one
or more of their service animals may need to be transported in the
cargo compartment. The passenger will need to understand airline
policies and should find out what type of documents the carrier
would need to ensure the safe passage of the service animal in the
cargo compartment and any restrictions for cargo travel that might
apply (e.g., temperature conditions that limit live animal
transport).
What if an airline employee or another passenger on board is
allergic or has an adverse reaction to a passenger's service animal?
Passengers who state they have allergies or other animal aversions
should be located as far away from the service animal as
practicable. Whether or not an individual's allergies or animal
aversions are disabilities (an issue this Guidance does not
address), each individual's needs should be addressed to the fullest
extent possible under the circumstances and in accordance with the
requirements of Part 382 and company policy.
Accommodating Passengers With Service Animals in the Cabin
How can airline personnel help ensure that passengers with
service animals are assigned and obtain appropriate seats on the
aircraft?
Let passengers know the airline's policy about seat
assignments for people with disabilities. For instance: (1) Should
the passenger request pre-boarding at the gate? or (2) should the
passenger request an advance seat assignment (a priority seat such
as a bulkhead seat or aisle seat) up to 24 hours before departure?
or (3) should the passenger request an advance seat assignment at
the gate on the day of departure? When assigning priority seats, ask
the passenger what location best fits his/her needs.
Passengers generally know what kinds of seats best suit
their service animals. In certain circumstances, passengers with
service animals must either be provided their pre-requested priority
seats, or if their requested seat location cannot be made
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available, they must be assigned to other available priority seats
of their choice in the same cabin class. Part 382.38 requires
airlines to provide a bulkhead seat or a seat other than a bulkhead
seat at the request of an individual traveling with a service
animal.
Passengers should comply with airline recommendations
or requirements regarding when they should arrive at the gate before
a flight. This may vary from airport to airport and airline to
airline. Not all airlines announce pre-boarding for passengers with
special needs, although it may be available. If you wish to request
pre-boarding, tell the agent at the gate.