Ever since air transportation became
a part of life in America,
people with disabilities have adjusted to the limitations of air
travel.
For years, airlines made decisions for travelers with
disabilities without consulting them. Passengers were refused
passage, required to travel with attendants, made to sit on
blankets, and frequently treated as problems rather than as
paying customers.
In 1986, Congress passed the Air Carrier Access Act
(ACAA), which guaranteed that people with disabilities would
receive consistent and nondiscriminatory treatment when
traveling by air. The ACAA states simply:
"No air carrier shall discriminate against any otherwise
qualified handicapped individual, by reason of such
handicap, in the provision of air transportation."
In 1990, the Department of Transportation (DOT) issued
regulations to enforce the Air Carrier Access Act. These
regulations set out certain requirements for the airlines. While
some of these regulations required the design of aircraft to be
more accessible, most require airlines to modify their
practices to ensure that passengers with disabilities will not
encounter discrimination.
This brochure will explain some of those requirements, and tell
you what to do in case you are a victim of discrimination by an
air carrier.
The Regulations
Aircraft Accessibility
New aircraft ordered after April 5, 1990, or delivered after
April 5, 1992, must achieve a higher degree of accessibility
than those previously in service. Aircraft in service as of April
5, 1990, are not required to be retrofitted, but any aircraft that
undergoes replacement of cabin interior elements, lavatories,
or seats must meet these requirements.
Aircraft with 30 or more passenger seats will have
movable armrests on at least one half of aisle seats,
which will be made available to passenger with mobility
impairments.
Aircraft with 100 or more passenger seats shall have a
priority space in the cabin for stowage of at least one
folding wheelchair.
Aircraft with more than one aisle must have at least one
accessible lavatory.
Aircraft with more than 60 passenger seats with an
accessible lavatory will carry an on-board wheelchair.
Aircraft with more than 60 passenger seats will have an
on-board wheelchair available on request for access to
an inaccessible lavatory.
Air Carrier Policies
Refusal of Transportation
Carrier personnel may not refuse transportation to any
passenger with a disability except on the basis of safety nor
may they limit the number of passengers with disabilities on a
flight. A carrier that denies service shall specify in writing the
basis for refusal within 10 days.
Advance Notice
A carrier may require up to 48-hours advance notice and
one-hour advance check-in only for the following reasons:
Transportation for an electric wheelchair on an aircraft
with fewer than 60 seats.
Provision by the carrier of hazardous materials
packaging for a wheelchair battery.
Special situations such as oxygen, incubator, hook-up
for respirator, or accommodation for a passenger who
must travel by stretcher.
Accommodation for 10 or more individuals with
disabilities traveling as a group, e.g., a sports team.
Provision for an on-board wheelchair on an aircraft
without an accessible lavatory.
If advance notice is not given, air carriers shall provide the
service if they are able to do so with reasonable efforts and
without delaying the flight.
Attendants
Carriers may not require a passenger to travel with an
attendant except in very limited circumstances. If the airline
overrides a passenger's decision to travel without an
attendant, it may designate the attendant but cannot charge
for his or her transportation.
Seat Assignments
Carriers may not exclude any qualified individual with a
disability from any seat except in order to comply with FAA
safety regulations. (The FAA exit row seating rules require
that people in these seats meet certain criteria that may deny
some people with disabilities seating in exit rows.) If a service
animal cannot be accommodated at the passenger's
assigned seat, the carrier shall offer to move the passenger to
an alternative seat that can accommodate the animal.
Provision of Services and Equipment
Carriers shall provide assistance to passengers with
disabilities in enplaning, deplaning, making flight connections,
and transporting between gates. Boarding shall be by level
entry where possible. Carriers shall not leave a passenger
unattended in a ground or boarding wheelchair for more than
30 minutes. Personnel on aircraft with less than 30 seats that
cannot accommodate lifts or boarding chairs are not required
to hand carry a passenger on to the plane. Assistance with
eating, with medical services, or in the bathroom is not
required.
Stowage of Personal Equipment
Passengers using personal ventilators or respirators are
permitted to use their own equipment on board the aircraft.
Assistive devices may be stored in overhead compartments
and under seats consistent with carry-on baggage rules. If a
passenger chooses to pre-board and the on-board stowage
area will accommodate a collapsible wheelchair, the
passenger's wheelchair may be stored with priority over other
passengers' carry-on baggage.
Wheelchairs and other assistive devices will be checked and
returned as close as possible to the door of the aircraft and
have priority over other luggage in the baggage compartment.
Battery-powered wheelchairs shall be accepted as baggage
where compartment size permits. Batteries are not to be
separated from wheelchairs unless necessary to meet DOT
hazardous materials rules. Carriers will provide battery
packaging upon request.
Treatment of Mobility
Aids / Assistive Devices
Assistive devices are to be returned to the passenger in the
same condition in which they are received. Airlines cannot
require an individual to sign a waiver for damage or loss of
wheelchair or assistive device nor can they limit liability to less
than twice the liability established for lost or damaged
luggage.
Passenger Information
Carriers shall furnish any general information provided within
the terminal (e.g., delay in departure) to passengers with
disabilities, including those with vision or hearing
impairments. Carriers shall make available on request
information about the ACAA regulations and the accessible
features or limitations of the aircraft.
Accommodations for People with Hearing
Impairments
Carriers shall make available TTY service during the same
hours telephone service is available to the general public.
Safety briefings shall be accessible to people with hearing
impairments by means of captioned or signed video
presentation where possible.
Security Screening
Carriers shall provide a private screening upon request,
unless technology is available that does not necessitate a
physical search of the passenger.
Miscellaneous
Carriers shall permit service animals to accompany the
passenger on the flight,may require medical certificates only
in limited circumstances, and shall not impose charges for
providing required facilities, equipment or services. No
passenger shall be required to sit on a blanket or be
restricted in movement in terminals.
Training
A critical element of these procedural requirements is training.
DOT requires all carriers operating aircraft with 19 or more
seats to train "to proficiency" all personnel who deal with the
traveling public.
Complaint Process
The key to making the Air Carrier Access Act work lies with
you. The federal government cannot possibly monitor the
constant interactions between air carriers and their
passengers. If you have a problem with an airline and believe
that a violation of this law has occurred, we suggest that you
file a complaint with the Department of Transportation.The
following explains the enforcement options available to you.
Complaints to Air Carrier
Your first point of contact in case of an ACAA violation should
be the Complaints Resolution Official (CRO); each airline
must make a CRO available at each airport. This person is
empowered to act on behalf of the airlines; his or her decision
can be overruled only by the pilot-in-command for safety
reasons. Each airline must also have available a copy of the
Air Carrier Access Act regulations; you are entitled to request
this regulation and refer to it as necessary when dealing with
personnel at the airport. If a satisfactory resolution is not
reached, the CRO shall provide a written statement setting
forth the facts and reasons for the decision and inform the
passenger of the right to pursue enforcement action by the
Department of Transportation.
You may also submit a written complaint to the airline. The
passenger should include all information pertaining to the
circumstances of the alleged discrimination. In addition, the
passenger should state whether a CRO was contacted, the
name of the CRO, and date of contact and include any written
response from the CRO. An airline must answer any written
complaints within 30 days of receipt but is not obliged to
respond to any complaint postmarked more than 45 days
after the date of alleged violation.
Informal Complaints
The passenger is entitled to file a complaint with the
Department of Transportation. If you file a complaint with an
airline, you should also notify DOT's Aviation Consumer
Protection Division about the problem. They are responsible
for monitoring the effectiveness of the ACAA and maintain
records of violations and potential violations to enable them to
track discriminatory patterns or practice. Sending a copy of
your letter to DOT will create a record of whether this law is
working in the manner Congress intended. An informal
complaint should be filed with the following office:
Department of Transportation
Aviation Consumer Protection Division
400 Seventh Street SW Rm. 10405
Washington, DC 20590
(202) 366-5957 Voice
(202) 755-7687 TTY
The attached complaint form contains all the relevant
information necessary for a complaint to the carrier or an
informal complaint to DOT. Do not restrict yourself to this
format if it does not suit your needs. A letter that explains the
incident and all relevant details will serve as well. The Aviation
Consumer Protection Division will attempt to determine if a
violation has occurred. This office will contact the airline in an
attempt to resolve complaints. A resolution at this level may
result in not only a solution for the individual, but also a change
in airline policy.
Formal Complaints
A formal complaint, more analogous to a civil law suit, may
also be filed with the DOT. This procedure must follow
specified rules of practice and should be filed with the
Assistant General Counsel for Aviation Enforcement and
Proceedings at DOT.
If DOT finds that a violation has occurred and a settlement is
not reached, the case will go to an administrative law judge. In
any complaint filed with DOT, the final disposition may be an
adjustment of airline policy or practice but will not include
damages for the passenger.
Private Civil Suit
A private law suit is also an option under the Air Carrier
Access Act. The courts generally recognize a private right of
action but are split on what compensatory damages are
available.
NOTE: Be certain to keep copies of all correspondence and
documentation until your complaint is resolved to your
satisfaction.
Where to File Your Airline Discrimination
Complaint
Listed below are addresses for most domestic air carriers. If
the carrier you are interested in is not listed, please contact
your travel agent or any ticket agent for the airline; they should
be able to give you the proper address.
DISCLAIMER
This pamphlet contains a general description of the legal
rights and responsibilities of individuals and organizations
under federal law. It is not an authoritative legal treatise and
should not be relied upon as authority for acting or refusing
to act.
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