[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Proposed Rules]
[Pages 39800-39855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15233]
[[Page 39799]]
Vol. 77
Thursday,
No. 129
July 5, 2012
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 in Air Travel: Draft
Technical Assistance Manual; Proposed Rule
Federal Register / Vol. 77 , No. 129 / Thursday, July 5, 2012 /
Proposed Rules
[[Page 39800]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2012--0098]
Nondiscrimination on the Basis of Disability in Air Travel: Draft
Technical Assistance Manual
AGENCY: Office of the Secretary, U.S. Department of Transportation
(DOT).
ACTION: Request for comments.
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SUMMARY: The Department of Transportation is updating its technical
assistance manual (TAM) for airlines and passengers with disabilities
concerning their rights and responsibilities under the Air Carrier
Access Act (ACAA) and its implementing regulation. This draft updated
TAM is being published in the Federal Register to insure a full
opportunity for public comment before the document is published in
final form.
DATES: Comments must be received October 3, 2012. The Department will
consider late-filed comments only to the extent practicable.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2012-0098 by any of the following methods:
[cir] Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the online instructions for submitting written comments.
[cir] Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC
20590-0001.
[cir] Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
[cir] Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT- OST-2012-0098 at the beginning of your comment. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment if submitted on behalf
of an association, a business, a labor union, etc.). You may review
DOT's complete Privacy Act statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Lisa Swafford-Brooks, Chief of the
Civil Rights Compliance Branch, Office of the Assistant General Counsel
for Aviation Enforcement and Proceedings, Department of Transportation,
1200 New Jersey Avenue SE., Room W96-464, Washington, DC 20590.
[email protected]. You may also contact Blane A. Workie,
Deputy Assistant General Counsel, Office of the Assistant General
Counsel for Aviation Enforcement and Proceedings, Department of
Transportation, 1200 New Jersey Avenue SE., Room W96-464, Washington,
DC 20590. [email protected]. Arrangements to receive this notice in
an alternative format may be made by contacting the above named
individuals.
SUPPLEMENTARY INFORMATION:On April 5, 2000, the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21)
required DOT 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.
In response to the legislative mandate, on April 20, 2005, the
Department published a draft TAM in the Federal Register and requested
public comment. See 70 FR 20640. After reviewing the comments received
and making changes to the TAM where appropriate, the Department issued
a final TAM on July 19, 2005. See 70 FR 41482.
Since that time, DOT has made significant changes to Part 382, the
rule implementing the Air Carrier Access Act. On May 13, 2008, DOT
issued an amendment to 14 CFR part 382, which among other things,
extended its applicability to foreign air carriers and added new
provisions concerning the onboard use of respiratory assistive devices
and accommodations for passengers who are deaf, hard of hearing, and
deaf-blind. See 73 FR 27614. The final rule became effective on May 13,
2009. The Department has also issued guidance that interprets or
explains further the text of the rule. See e.g., Use of passenger-
supplied electronic respiratory assistive devices on aircraft, October
28, 2009; Answers to Frequently Asked Questions Concerning Air Travel
of People with Disabilities Under the Amended Air Carrier Access Act
Regulation, May 13, 2009. http://airconsumer.dot.gov/rules/guidance.htm. We believe these guidance documents as well as the rule
itself would be more readily understandable and useful if reflected in
the TAM. As a result, DOT is now updating the 2005 TAM to provide
guidance that covers the changes that have been made to Part 382. The
Department recognizes that there are a number of ongoing rulemakings
regarding Part 382 and that these rulemakings may necessitate future
revisions to the TAM.
Purpose
Similar to the 2005 TAM, this updated draft manual does not expand
U.S. or foreign air carriers' legal obligations or establish new
requirements under the law. The primary purpose of the manual is to
help employees and contractors of airlines to assist passengers with
disabilities in accordance with the law. Another purpose is to provide
air travelers with disabilities information about their rights under
the ACAA and the provisions of Part 382.
Organization
The updated TAM, like its predecessor, follows the chronological
path of an air traveler with a disability from making a reservation
through the completion of the trip. Each section of the TAM is
discussed in the context of the particular stage of a trip and is
designed to be a separate stand-alone product. For example, the TAM
includes separate chapters on assisting air travelers with disabilities
planning a trip, assisting air travelers with disabilities at the
airport, assisting air travelers with disabilities boarding, deplaning
and during the flight, and assisting air travelers with disabilities
with their complaints. In addition, the TAM contains a chapter on
sensitivity and awareness issues when interacting with people with
disabilities as well as a chapter on tips for communicating and
interacting with individuals with specific types of disabilities.\1\
The TAM also has four appendices providing additional information and,
in some cases, resources for specific audiences. We believe organizing
the information in this sequential manner will make it easier for
employees and contractors of airlines, as well as air travelers with
[[Page 39801]]
disabilities, to find the information most relevant and useful to them.
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\1\ When the TAM is published in its final form, it will contain
an Alphabetical Index and a Part 382 Index as well as specific page
numbers for the various subject areas listed in the Table of
Contents. However, because the pagination of the TAM is not yet
final, the Table of Contents simply lists the topics covered in the
TAM and the indices are not included in this publication of the
document.
Issued this 15th day of June 2012, in 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 Air Carrier Access Act (ACAA) and Its Implementing
Regulation, 14 CFR Part 382 (Part 382)
Contents
Chapter 1: Understanding How to Use This Manual
A. Introduction
B. Background
C. Scope of This Manual
D. Keyword Definitions
E. Acronyms
Chapter 2: Learning the Basics About the Law Protecting Air
Travelers With Disabilities
A. The Statute and the Regulation
B. Applying Part 382 Requirements
C. Questions on Foreign Carrier Flights
D. Conflicts of Law Waivers
E. Equivalent Alternative Determinations
F. Assisting Passengers With Disabilities
G. Part 382 Highlights
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 With Hearing Impairments
F. Communicable Disease
G. Medical Certificates
H. Your Obligation To Provide Services and Equipment
I. Safety Assistants
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 Moving Through the Terminal
and Changing Airplanes
D. Accommodations for Air Travelers With Vision or Hearing
Impairments
E. Safety Assistants
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 Assistive Devices
E. Services and Information Provided in the Cabin
F. Safety Briefings
Chapter 6: Assisting Air Travelers With Disabilities With Their
Complaints
A. Complaints Resolution Officials (CROs)
B. Handling Passenger Complaints
C. ACCESS: An Approach for Resolving Complaints
D. General Complaint Resolution Tips
E. Categorizing, Recording, and Reporting Written Disability-
Related Complaints
Chapter 7: Interacting with Individuals With Disabilities
A. Terminology
B. Physical, Mental, and Psychological Impairments
C. Tips for Interacting With Individuals With Disabilities
Chapter 8: Personnel Training
A. U.S. and Foreign Carriers That Operate Aircraft With 19 or
More Passenger Seats
B. U.S. and Foreign Carriers That Operate Aircraft With Fewer
Than 19 Passenger Seats
C. Training Records
Alphabetical Index
Part 382 Index
Appendix I Table of Effective Dates
Appendix II Tips for Air Travelers with Disabilities
Appendix III Airline Management-Related Issues
Appendix IV FSAT 04-01A Location and Placement of Service Animals on
Aircraft Engaged in Public Air Transportation
Chapter 1: Understanding How To Use This Manual
A. Introduction
B. Background
C. Scope of This Manual
D. Keyword Definitions
E. Acronyms
A. Introduction
Purpose of the Manual
This manual is a guide to the Air Carrier Access Act (ACAA), 49
U.S.C. 41705, and its implementing regulation, Title 14, Code of
Federal Regulations (14 CFR) Part 382, Nondiscrimination on the Basis
of Disability in Air Travel. It is designed to serve as an
authoritative source of information about the services, facilities, and
accommodations required by the ACAA and Part 382. Note, however, that
this manual does not expand carriers' legal obligations or establish
new requirements under the law.
The primary purpose of the manual is to help carriers and indirect
carriers and their employees/contractors that provide services or
facilities to passengers with disabilities, assist those passengers in
accordance with Part 382. Knowing your legal responsibilities will help
ensure consistent compliance with Part 382 and protect the civil rights
of air travelers with disabilities when you provide services,
facilities, and accommodations to them.
The second purpose of this manual is to offer air travelers with
disabilities information about their rights under the ACAA and Part
382.
Styles
1. Use of the Word ``You''
Unless otherwise noted, throughout the manual the word ``you''
refers to carriers, indirect carriers, or the employees/contractors of
both carriers and indirect carriers. In most cases, the word ``you''
refers to personnel who deal directly with the traveling public. In
addition, the obligations and responsibilities under Part 382 as
discussed in the manual must be read within the context of each
specific employee's duties on the job.
2. Italics and Bold Text
Italics and boldfaced type are used throughout the manual to draw
attention to a subtle requirement or for emphasis.
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.\2\ In 1990, the Department of Transportation (DOT)
published Part 382, the regulations defining the rights of passengers
with disabilities and the obligations of U.S. air carriers under the
ACAA (55 FR 8008; March 6, 1990). Since then, these regulations have
been amended many times.\3\ In addition, the DOT has provided guidance
to air carriers to further explain the ACAA and Part 382 in the
following ways:
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\2\ See Section D of this chapter for keyword definitions
including a definition of ``qualified individuals with
disabilities.''
\3\ The dates and citations for these amendments are the
following: April 3, 1990, 55 FR 12341; June 11, 1990, 55 FR 23544;
November 1, 1996, 61 FR 56422; January 2, 1997, 62 FR 17; March 4,
1998, 63 FR 10535; March 11, 1998, 63 FR 11954; August 2, 1999, 64
FR 41703; January 5, 2000, 65 FR 352; May 3, 2001, 66 FR 22115; July
3, 2003, 68 FR 4088.
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Preambles to regulatory amendments;
Industry letters;
Correspondence with individual carriers or complainants;
DOT enforcement actions;
Web site postings,
Conducting public forums on Part 382, and
Informal conversations between DOT staff and interested
members of the public.
Foreign Air Carriers
On April 5, 2000, the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (``AIR-21''), Public Law 106-181,
amended the ACAA
[[Page 39802]]
specifically to cover foreign air carriers. On November 4, 2004, the
DOT published a notice of proposed rulemaking (NPRM) proposing to
extend the provisions of Part 382 to foreign carriers (69 FR 64364). On
May 13, 2008, the DOT published a final rule (73 FR 27614) amending
Part 382 to cover foreign air carriers. That revised final rule became
effective on May 13, 2009.
Other Part 382 Changes
The DOT also published NPRMs addressing medical oxygen and portable
respiratory assistive devices (70 FR 53108; September 7, 2005) and
accommodations for passengers who are deaf or hard-of-hearing (71 FR
9285; February 23, 2006). As a result of those NPRMs, the final rule
revising Part 382 to cover foreign carriers, also included new
provisions concerning passengers who use medical oxygen and passengers
who are deaf or hard-of-hearing. The final rule also reorganized and
updated the entire ACAA rule (Part 382).
Development and Update 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. See 49 U.S.C. 41705(c). Responding to
that mandate, the DOT published a manual in the Federal Register on
July 19, 2005 (70 FR 41482). This manual is the second version of DOT's
Technical Assistance Manual and incorporates material from the most
recent amendments to Part 382 and the DOT policy guidance discussed
above. The DOT published the draft manual in the Federal Register to
provide an opportunity for public comment before it published the
manual in its final form. This manual supersedes the first Technical
Assistance Manual dated July 19, 2005, and is available for download,
in PDF format, from http://airconsumer.dot.gov.
C. Scope of This Manual
Organization
This manual is organized chronologically to reflect the steps in a
passenger's trip and the associated requirements of Part 382, as
follows:
Planning a flight,
At the airport,
Boarding, deplaning, and making connections,
Assistance services during a flight, and
Responding to disability-related complaints.
This manual also contains the following tools to assist you in
quickly and easily finding the answer to your questions:
A Table of Contents at the front 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.
In addition, the following appendixes appear at the end of the
manual:
Appendix I: Table of Effective Dates
Appendix II: 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 III: Airline Management-Related Issues addressing
topics applicable mainly to carrier management, as opposed to frontline
customer service personnel;
Applicability
As with Part 382, the topics discussed in this manual apply to both
U.S. and foreign carriers unless otherwise specified. (Sec. 382.7(e))
Web Links
The following web links are provided for you to review and download
information related to Part 382 and/or the ACAA:
A list of frequently asked questions and answers (http://airconsumer.dot.gov/SA_Disability.htm)
A list of recent DOT enforcement orders related to the
ACAA (http://airconsumer.dot.gov/SA_Disability.htm)
The full text of Part 382 (http://airconsumer.dot.gov/SA_Disability.htm)
A listing of conflict of law waiver determinations (http://www.regulations.gov under Docket Number DOT-OST-2008-0272)
A listing of equivalent alternative determinations (http://www.regulations.gov under Docket Number DOT-OST-2008-0273)
Guidance concerning service animals (http://airconsumer.ost.dot.gov/rules/20030509.pdf)
Guidance on transporting service animals to the United
Kingdom (http://airconsumer.ost.dot.gov/rules/UK-ServiceAnimalGuidance.pdf)
Legal Requirements and Customer Service
This manual highlights the difference between actions you must take
to comply with Part 382 and actions that you may choose to take to
provide superior customer service to passengers with disabilities.
Legal requirements are generally designated by the word ``must'' 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 Federal Aviation Administration
(FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA),
or foreign government safety regulations. Where an FAA, PHMSA, or
foreign government safety regulation requires different treatment of
passengers with disabilities or other restrictions, Part 382 states you
must comply with the FAA, PHMSA, or foreign government 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 must 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 may properly deny transportation to
such passengers. (Sec. 382.7(g))
However, where an optional carrier action that is not required by
FAA, PHMSA, or foreign government safety 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.
Example: 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, PHMSA, and foreign
government safety requirements, as it requires you to comply with those
regulations and ensure that the safe completion of the flight or the
health and safety of other passengers are not jeopardized.
Determinations about whether an FAA, PHMSA, or foreign government
regulation 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
[[Page 39803]]
disabilities and their traveling companions and make a reasonable
judgment considering all available information.
The FAA safety regulations can be found in 14 CFR parts 1 through
199, and in FAA guidance materials that provide additional information
about these regulations (see http://www.faa.gov, click on Federal
Aviation Regulations (FAR) under Regulations and Guidelines). The
applicable PHMSA regulations can be found in 49 CFR parts 171 through
185 and PHMSA guidance materials that provide additional information
about these regulations (see http://www.phmsa.dot.gov, click on
Regulations under Promoting Safety and Security). For foreign
government safety requirements consult the applicable government's
civil aviation authority.
Security
This manual addresses security procedures which affect or may
affect the types of accommodations and services provided to passengers
with disabilities. You must comply with Transportation Security
Administration (TSA) regulations and foreign government security
regulations having a legally mandatory effect applicable to you. (Sec.
382.7(g)) \4\
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\4\ The Transportation Security Administration has developed a
Web site and a hotline for travelers with disabilities and medical
conditions. The Web site is http://www.tsa.gov/travelers/airtravel/disabilityandmedicalneeds/tsa_cares.shtm and the hotline phone
number is 1-855-787-2227.
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Part 382 is consistent with security requirements mandated by the
TSA. For example, TSA has strict rules as to who can go beyond the
airport screening checkpoints, but these TSA rules are consistent with
Part 382 and do not invalidate your obligation to provide boarding and
deplaning assistance requested by passengers with disabilities,
including assistance beyond airport screening checkpoints. You have
discretion in how that assistance is provided. You can provide (1) A
``pass'' allowing an individual who needs to assist a passenger with a
disability to go through the airport screening checkpoint without a
ticket; (2) assistance directly to the passenger; or (3) both. For
foreign government security requirements, refer to screening procedures
established by the law of the country in which the airport is located.
Contractors
This manual recognizes the important role that contractors play in
providing services, equipment, and other accommodations to passengers
with disabilities. A contractor is an entity that has a business
arrangement with a carrier to perform functions that the ACAA and Part
382 would otherwise require the carrier to perform with its own
employees. Contractors provide a variety of services on behalf of
carriers in furnishing assistance to persons with disabilities. For
example, contractors often provide--
Wheelchair service;
Assistance to passengers with disabilities in getting on
and off aircraft;
Transportation to passengers with disabilities between
departure gates; and
Ground handling of passengers' wheelchairs and other
assistive devices.
Contractors must provide the same services, equipment, and other
accommodations as those required of a carrier and its employees under
the ACAA and Part 382. As an employee of a contractor, you are required
to follow the ACAA and Part 382 when providing services, equipment, and
other accommodations to passengers with disabilities. If you do not
follow the ACAA and Part 382, the carrier is subject to DOT enforcement
action for your failure to comply with those mandates. In essence,
although a carrier may contract out various services and accommodations
required by Part 382, a carrier may not contract away its
responsibilities to ensure compliance with the rule.
ACCESS
ACCESS \5\ is a step-by-step process for resolving issues
involving passengers with disabilities. A detailed discussion of ACCESS
appears in Chapter 6: Assisting Air Travelers with Disabilities with
their Complaints. Whether the issue involves the requirements of the
ACAA and Part 382, customer service, or both, the ACCESS checklist will
be useful in identifying the needs of passengers with disabilities and
determining what accommodations carriers are required to provide. See
Chapter 6, Section C, Access, An Approach for Resolving Complaints.
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\5\ ACCESS is a memory aid to Ask, Call, Check, Evaluate, Solve,
and Satisfy, for use when resolving complaints.
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Training
DOT regards thorough training of carrier personnel who
interact with passengers with disabilities as vital for good service to
those passengers and compliance with the ACAA and Part 382. A detailed
discussion of employee/contractor training requirements can be found in
Chapter 8: Personnel Training and Appendix II, Airline Management-
Related Issues. In addition, the DOT has developed an interactive model
training program (MTP) on the ACAA and Part 382. You can view this
module at http://airconsumer.dot.gov.
D. Keyword Definitions
Following is a list of keyword definitions to help you fully
understand the information in this manual.
Air Carrier Access Act (ACAA): The Air Carrier Access Act of 1986,
as amended, is the statute that provides the principal authority for 14
CFR part 382. The ACAA prohibits discrimination by U.S. and foreign
carriers against qualified individuals with disabilities.
Air Transportation: Interstate or foreign air transportation, or
the transportation of mail by aircraft, as defined in 49 U.S.C. 40102.
(Sec. 382.3).
Assistive Device: Any piece of equipment that assists a passenger
with a disability to cope with the effects of his or her disability.
Such devices are intended to assist a passenger with a disability to
hear, see, communicate, maneuver, or perform other functions of daily
life, and may include medical devices and medications. (Sec. 382.3).
Battery-powered mobility aid: An assistive device that is used by
individuals with mobility impairments, such as a wheelchair, a scooter,
or a Segway when it is used as a mobility device by a person with a
mobility-related disability. (Sec. 382.3).
Carrier: A U.S. citizen (``U.S. carrier'') or foreign citizen
(``foreign carrier'') that undertakes, directly or indirectly, or by a
lease or any other arrangement, to engage in air transportation. (Sec.
382.3).
Commuter carrier: An air taxi operator as defined in 14 CFR Part
298 that carries passengers on at least five round trips per week on at
least one route between two or more points according to its published
flight schedules that specify the times, days of the week and places
between which those flights are performed. (Sec. 382.3).
Complaints Resolution Official (CRO): An individual designated by a
carrier who has the authority to resolve disability-related complaints
on behalf of the carrier. The CRO must be thoroughly familiar with--
(1) The requirements of Part 382;
(2) The carrier's policies and procedures addressing Part 382; and
(3) The provision of services, facilities, and accommodations to
passengers with disabilities.
A CRO must be available (1) in person at the airport; or (2) via
telephone and Text Telephones (TTY), or a similarly effective
technology, at all times the carrier is operating. As a foreign
carrier, you must make a CRO available as noted above at each airport
serving flights you
[[Page 39804]]
operate that begin and end at a U.S. airport. (Sec. 382.151).
Conflict of Law Waiver: Upon the request of a carrier, DOT may
determine there is a contradiction between a Part 382 requirement and
an applicable foreign legal mandate that precludes the carrier from
compliance with both legal requirements. If DOT makes such a
determination, the carrier would continue to follow the binding foreign
legal mandate rather than the conflicting Part 382 provision. (Sec.
382.9).
Contractor: A contractor is an entity that has a business
arrangement with a carrier to perform functions that the 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 and assistive devices. (Sec.
382.11).
Contractor Employee: An individual that works for an organization
that has a business arrangement with one or more carriers to provide
services, facilities, and other accommodations to passengers with
disabilities. (Sec. 382.11).
CPAP machine: A continuous positive airway pressure machine. (Sec.
382.3).
Department or DOT: The United States Department of Transportation.
(Sec. 382.3).
Direct Threat: 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. (Sec.
382.3).
DOT Disability Hotline or Hotline: DOT's toll-free telephone
hotline system that provides general information to consumers about the
rights of air travelers with disabilities, responds to requests for
printed consumer information, and assists air travelers with time-
sensitive disability-related issues. The hours for the hotline are 9
a.m. to 5 p.m. eastern time, Monday through Friday except Federal
holidays. Air travelers who experience disability-related air travel
service concerns or issues may call the hotline at 1-800-778-4838
(voice) or 1-800-455-9880 (TTY) to receive assistance. Air travelers
who would like the DOT to investigate complaints about a disability
issue must submit their complaints in writing or via email. (see http://airconsumer.dot.gov/hotline.htm).
Equivalent alternative: A policy, practice, or other accommodation
that provides substantially equivalent accessibility to passengers with
disabilities, compared to compliance with a provision of Part 382.
(Sec. 382.3).
Expected maximum flight duration: The carrier's best estimate of
the total duration of the flight from departure gate to arrival gate,
including taxi time to and from the terminals, based on the scheduled
flight time and factors such as (1) Wind and other weather conditions
forecast; (2) anticipated traffic delays; (3) one instrument approach
and possible missed approach at destination; and (4) any other
conditions that may delay arrival of the aircraft at the destination
gate. (Sec. 382.3).
FAA: The Federal Aviation Administration, an operating
administration of the DOT. The FAA's mission is to provide the safest,
most efficient aerospace system in the world. (http://www.faa.gov and
Sec. 382.3).
Facility: A carrier's aircraft and any portion of an airport that a
carrier owns, leases, or controls (for example, structures, roads,
walks, parking lots, ticketing areas, baggage drop-off and retrieval
sites, gates, other boarding locations, jet bridge) normally used by
passengers or other members of the public. (Sec. 382.3).
High-Contrast Captioning: Captioning that is at least as easy to
read as white letters on a consistent black background. (Sec. 382.3).
Indirect Carrier: A person not directly involved in the operation
of an aircraft who sells air transportation services to the general
public other than as an authorized agent of a carrier. (Sec. 382.3).
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 a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one or more major
life activities; or
Is regarded as having a physical or mental impairment
that, on a permanent or temporary basis, substantially limits one or
more major life activities. (Sec. 382.3).
On-Demand Air Taxi: An air taxi operator that carries passengers or
property and is not a ``commuter carrier'' as defined above. (Sec.
382.3).
PHMSA: The Pipeline and Hazardous Materials Safety Administration,
an operating administration of the Department of Transportation.
(http://www.phmsa.dot.gov and Sec. 382.3).
POC: A portable oxygen concentrator. (Sec. 382.3).
Qualified Individual With a Disability: An individual with a
disability--
(1) Who, as a passenger--
Purchases, offers to purchase, or otherwise validly
obtains a ticket for air transportation;
Presents himself or herself at the airport for the purpose
of traveling on the flight; and
Meets reasonable, nondiscriminatory contract of carriage
requirements applicable to all passengers.
(2) Who accompanies or meets a traveler, using ground
transportation or terminal facilities, or seeks to obtain information
about schedules, fares, reservations, or policies and takes those
actions necessary to use facilities or services offered by a carrier to
the general public, with reasonable accommodations, as needed, provided
by the carrier. (Sec. 382.3).
Scheduled Service: Any flight scheduled in the current edition of
the Official Airline Guide, the carrier's published schedule, or the
computer reservation system used by the carrier. (Sec. 382.3).
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 to support a passenger
with an emotional or mental disability.
Dogs, cats, and monkeys are among the types of animals that have
been trained to act as service animals. Service animals may assist
people with disabilities by, for example--
Guiding persons with vision impairments;
Alerting persons with hearing impairments to specific
sounds;
Alerting persons with epilepsy of imminent seizure onset;
Pulling a wheelchair;
Carrying items a passenger cannot readily carry while
using his or her wheelchair;
Assisting persons with mobility impairments to open and
close doors, retrieve objects, transfer from one seat to another, and
maintain balance; and
Providing support for persons with emotional or mental
disabilities. (Sec. 382.117 and Appendix III, Guidance Concerning
Service Animals, and Chapter 3, Section D, Service Animals.).
Text Telephones (TTY): TTYs 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. (Chapter 4, Section
D, Accommodations for Air Travelers with Vision or Hearing
Impairments).
Transportation Security Administration (TSA): An administration
within the Department of Homeland Security that is charged with
protecting the Nation's transportation systems to ensure freedom of
movement
[[Page 39805]]
for people and commerce. (http://www.tsa.gov and Sec. 382.3).
United States or U.S.: The United States of America, including its
territories and possessions.
E. Acronyms
Following is a list of acronyms used in this manual.
ACAA Air Carrier Access Act
ACCESS Ask, Call, Check, Evaluate, Solve, and Satisfy
ADAAG Americans with Disabilities Act Accessibility Guidelines
AIDS Acquired Immune Deficiency Syndrome
AIR[dash]21 Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century
ATP Advanced Turboprop
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CPAP Continuous Positive Airway Pressure
CRO Complaints Resolution Official
DEFRA U.K. Department for Environment Food and Rural Affairs
DOJ Department of Justice
DOT Department of Transportation
DSM-IV Diagnostic and Statistical Manual of Mental Disorders
FAA Federal Aviation Administration
FAQ Frequently Asked Questions
FAR Federal Aviation Regulations
HIV Human Immunodeficiency Virus
IATA International Air Transport Association
MTP Model Training Program
NPRM Notice of Proposed Rulemaking
OST Office of the Secretary of Transportation
PHMSA Pipeline and Hazardous Materials Safety Administration
PNR Passenger Name Record
POC Portable Oxygen Concentrator
RMOP Required Method of Operation
RTCA Radio Technical Commission for Aeronautics
SARS Severe Acute Respiratory Syndrome
SFAR Special Federal Aviation Regulation
SMS Short Message Service
SSR Special Service Request
TSA Transportation Security Administration
TTY Text Telephones
Chapter 2: Learning the Basics About the Law Protecting Air Travelers
With Disabilities
A. The Statute and the Regulation
B. Applying Part 382 Requirements
C. Questions on Foreign Carrier Flights
D. Conflicts of Law Waivers
E. Equivalent Alternative Determinations
F. Assisting Passengers With Disabilities
G. Part 382 Highlights
A. The Statute and the Regulation
What does the Air Carrier Access Act (ACAA) say? The ACAA
prohibits U.S. and foreign air carriers from discriminating against a
qualified individual with a disability based on such disability in
providing air transportation. See Chapter 1, Section C of this manual
for a definition of a qualified individual with a disability. (49
U.S.C. 41705).
What is Title 14, Code of Federal Regulations (14 CFR)
Part 382 (Part 382)? Part 382 is a detailed set of rules that define
U.S. and foreign air carriers' responsibilities under the ACAA, as
amended. Part 382 ensures that individuals with disabilities will be
treated without discrimination, and requires U.S. and foreign air
carriers (under certain conditions) to make aircraft, other facilities,
and services accessible and take steps to accommodate a passenger with
a disability. (Sec. 382.1).
B. Applying Part 382 Requirements
Who is protected by Part 382? Part 382 protects three
groups of individuals with disabilities:
(1) Individuals with a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one or more major
life activities;
(2) Individuals with a record of such impairment; and
(3) Individuals who are regarded as having such impairments,
whether they have the impairment or not.
(Sec. 382.3 and 49 U.S.C. 41705).
Who must comply with Part 382? The following organizations
and individuals must comply with Part 382:
(1) A U.S. air carrier and its employees (for example, ticket
agents, gate agents, flight attendants, pilots, baggage handlers) with
respect to all operations and aircraft, regardless of where those
operations take place (unless otherwise noted in Part 382).
(2) A foreign air carrier, its employees (such as ticket agents,
gate agents, flight attendants, pilots, and baggage handlers), and its
aircraft for flights that begin or end at a U.S. airport. Part 382 does
not apply to a foreign carrier for flights operating between two
foreign points. However, a U.S. air carrier that participates in a
codesharing arrangement with a foreign air carrier with respect to
flights between two foreign points is responsible for ensuring
compliance with Part 382, Subparts A through C, F through H, and K with
respect to passengers traveling under its code on such a flight.
(3) An authorized agent of a carrier (such as travel agents).
(4) An organization and its employees that have business
arrangements with a carrier to provide disability-related services (for
example, wheelchair service, baggage handling).
(5) An indirect air carrier and its employees (such as public
charter operators) that provide facilities or services for other
carriers that are covered by Sec. Sec. 382.17 through 157. (Sec. Sec.
382.3, 382.7(a), (c), and (f), 382.11(b) and 382.15).
When does Part 382 apply to U.S. carriers and foreign
carriers? U.S. carriers and foreign carriers were required to comply
with the requirements of current Part 382 on May 13, 2009, except as
otherwise noted in individual sections of Part 382. (Sec. 382.5) See
Appendix I for a table of exceptions to the May 13, 2009, effective
date.
What is the difference between an indirect air carrier and
an agent? An indirect air carrier indirectly engages in air
transportation by selling the services of a direct air carrier. (Sec.
382.3) An agent is an entity that has lawful authority to act on behalf
of the operating carrier, indirect air carrier, or on behalf of the
prospective passenger. An agent typically sells the product of a
disclosed principal (e.g., a seat on a scheduled airline or on a
charter flight), offering it at the price and terms set by the
principal.
Example: A tour operator or an air freight forwarder contracts
for space on a wholesale level with an airline and the tour operator
or air freight forwarder then re-sells space on that flight on a
retail basis, setting their own price and terms, bearing the
entrepreneurial risk of profit or loss rather than acting as an
agent, and controlling the inventory and schedule.
On the other hand, an agent, such as a retail travel agent, sells a
product such as a seat on a scheduled airline or a charter flight, at a
price and terms set by the airline. The travel agent is acting as an
agent of the airline and is not an indirect air carrier.
Concessionaires, suppliers, and other participants in the air travel
system also are not indirect air carriers.
Do carriers have to make contractors comply with Part 382
requirements? Yes, as a carrier, you must ensure that your contractors
providing services to the public meet Part 382 requirements just as if
you were performing those functions yourself. While you may contract
out services, you may not contract away responsibilities. You must
include an assurance of compliance with Part 382 in your contracts with
any contractors who provide services to the public that are subject to
Part 382 requirements. For a U.S. carrier, an assurance of compliance
must be included in your contracts with U.S. travel agents but not
foreign travel agents. The Department of Transportation expects you to
monitor the performance of your contractors to ensure that the
contractors' performance complies with Part 382. (Sec. 382.15).
[[Page 39806]]
C. Questions on Foreign Carrier Flights
For a passenger with a disability traveling on a foreign
carrier, what is considered a ``flight'' covered under Part 382? Flight
means a continuous journey in the same aircraft or with one flight
number that begins or ends at a U.S. airport. (Sec. 382.7(b)).
The following are examples of flight scenarios involving foreign
carriers.
Example 1: A passenger books a nonstop flight on a foreign
carrier from New York to Frankfurt, or Frankfurt to New York. Each
of these is a ``flight'' covered by Part 382.
Example 2: A passenger books a trip on a foreign carrier from
New York to Prague. The foreign carrier flies nonstop to Frankfurt.
The passenger deplanes in Frankfurt and boards a connecting flight
(with a different flight number), on the same foreign carrier or a
different carrier, which flies to Prague. The New York-Frankfurt leg
of the trip is a ``flight'' covered by Part 382; the Frankfurt-
Prague leg is not a covered flight. On the reverse routing, the
Prague-Frankfurt leg is not a covered flight for purposes of Part
382, while the Frankfurt-New York leg is a covered flight.
Example 3: A passenger books a trip on a foreign carrier from
New York to Prague. The aircraft stops for refueling and a crew
change in Frankfurt. If, after deplaning in Frankfurt, the
passengers originating in New York reboard the aircraft (or a
different aircraft, assuming the flight number remains the same) and
continue to Prague, they remain on a covered flight for purposes of
Part 382. This is because their transportation takes place on a
direct flight between New York and Prague, even though it had an
interim stop in Frankfurt. This example also would apply in the
opposite direction (Prague to New York via Frankfurt).
Example 4: In Example 3 directly above, the foreign carrier is
not subject to coverage under Part 382 with respect to a Frankfurt
originating passenger who boards the aircraft and flies to Prague,
or a Prague-originating passenger who deplanes in Frankfurt and does
not continue to New York.
Does Part 382 apply to foreign carriers operating between
two foreign points under a codeshare arrangement with a U.S. carrier?
No, Part 382 does not generally apply to foreign carriers operating
between two foreign points and transporting passengers flying under the
U.S. carrier's code. However, Part 382 applies to the U.S. carrier with
respect to passengers traveling under its code. A U.S. carrier, not the
foreign carrier, would be responsible for any violation of the service
provisions of Subparts A through C, F through H, and K of Part 382 for
a passenger traveling under the U.S. carrier's code. (Sec. 382.7(c)).
Does Part 382 apply to foreign carrier charter flights? A
charter flight on a foreign carrier originating from a foreign airport
to a U.S. airport and returning to a foreign airport would not be
covered if the carrier does not board any new passengers in the United
States for the return flight. (Sec. 382.7(d)).
D. Conflicts of Law Waivers
What may a carrier do if a provision of a foreign nation's
law conflicts with Part 382 requirements? Part 382 contains a conflict
of laws waiver provision to address conflicts with legally binding
foreign legal mandates. For example, as a carrier, you may request a
waiver from a Part 382 requirement if a foreign law--(1) Requires you
to do something prohibited by Part 382 or (2) prohibits you from doing
something required by Part 382. Your U.S. carrier code share partner
may file a waiver request on your behalf when a foreign law conflicts
with a service-related provision of Part 382. Note that a foreign
carrier's or foreign government's policy, authorized practice,
recommendation, or preference is not an appropriate basis for a
conflict of laws waiver request. In addition, if you have discretion in
complying with Part 382 under the foreign law then you must exercise
that discretion by complying with Part 382. (Sec. 382.9).
What must a conflicts of law waiver request include? A
conflicts of law waiver request must include: (1) A copy of the
conflicting foreign law (in English); (2) a description of how the law
applies and how it precludes you from complying with Part 382; and (3)
your proposal for an alternative means of meeting the objective of the
requirement or a justification of why it would be impossible to meet
the requirement in any way. (Sec. 382.9(c)).
Is there a deadline for a carrier to file a conflict of
law waiver request? DOT sought to encourage carriers to conduct a due
diligence review of foreign legal requirements that may conflict with
Part 382. Accordingly, foreign carriers that filed waiver requests by
September 10, 2008 (within 120 days of the publication date of the rule
(May 13, 2008)), had a commitment from DOT that it would not take any
enforcement action related to implementing the foreign law in question
pending DOT's response to the waiver request. (Sec. 382.9(e)).
Is a carrier subject to enforcement action while a
conflict of law waiver request submitted after September 10, 2008, is
under DOT review? If the conflicting foreign law did not exist on
September 10, 2008, you may continue to implement the policy or
practice that is the subject of your request until the DOT responds to
your request. The DOT will not take enforcement action with respect to
your policy or practice while the waiver request is under its review.
However, the DOT may begin an enforcement action if it finds that a
carrier's waiver request: (1) is frivolous or dilatory, (2) has not
been submitted with respect to a certain policy or practice, or (3) has
been previously denied and the carrier continues to follow the denied
policy or practice. (Sec. 382.9(e) through (g)).
What must DOT determine to grant a conflicts of law waiver
request? The DOT may grant the waiver request, or grant the request
subject to conditions, if DOT determines: (1) The foreign law applies;
(2) the foreign law does preclude compliance with a provision of Part
382; and (3) the carrier has provided an effective alternative means of
achieving the Part 382 objective or has demonstrated by clear and
convincing evidence that it would be impossible to achieve that
objective in any way. (Sec. 382.9(d)).
E. Equivalent Alternative Determinations
What is an equivalent alternative determination and when
does a carrier have to file one? If, with respect to a specific
accommodation, a carrier can demonstrate that what it wants to do will
provide substantially equivalent accessibility to passengers with
disabilities as compared with literal compliance with a particular
provision of Part 382, it can file for an equivalent alternative
determination. If the DOT agrees, it will determine that the carrier
can comply with the rule using its alternative accommodation. Carriers
must comply with Part 382 and cannot use their proposed equivalent
alternative until and unless DOT approves it. (Sec. 382.10).
How does a carrier apply for an equivalent alternative
determination? As a U.S. carrier or foreign carrier, you may apply to
the DOT for a determination that you are providing an alternative to
passengers with disabilities. Your application must be in English and
include: (1) A citation of the specific provision to which you are
proposing an equivalent alternative; (2) a detailed description of the
alternative policy, practice, or other accommodation you are proposing
to use in place of the Part 382 requirement cited above; and (3) an
explanation of how it provides substantially equivalent accessibility
to passengers with disabilities.
If the DOT grants your application, you may comply with Part 382
through implementing your equivalent alternative. If the DOT denies
your application, you must comply with Part 382 as written. (Sec.
382.10).
[[Page 39807]]
F. Assisting Passengers With Disabilities
What is a physical or mental impairment? Physical
impairment includes--(1) Any physiological disorder or condition; (2)
cosmetic disfigurement; or (3) anatomical loss affecting one or more of
the following body systems:
[cir] Neurological;
[cir] Musculoskeletal;
[cir] Special sense organs;
[cir] Respiratory, including speech organs;
[cir] Cardiovascular;
[cir] Reproductive;
[cir] Digestive;
[cir] Genitourinary;
[cir] Hemic and lymphatic;
[cir] Skin; and
[cir] Endocrine.
Examples of physical impairments include--
[cir] Orthopedic, visual, speech, and hearing impairments;
[cir] Cerebral palsy;
[cir] Epilepsy;
[cir] Muscular dystrophy;
[cir] Multiple sclerosis;
[cir] Cancer;
[cir] Heart disease;
[cir] Diabetes; and
[cir] Human Immunodeficiency Virus (HIV).
Mental impairments include any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities. (Sec. 382.3).
What is not considered a physical or mental impairment?
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 one or more 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, activities such as--
[cir] Caring for oneself,
[cir] Performing manual tasks,
[cir] Walking,
[cir] Seeing,
[cir] Hearing,
[cir] Speaking,
[cir] Breathing,
[cir] Learning, and
[cir] Working. (Sec. 382.3).
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
as noted in the following examples.
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.
Are temporary mental or physical impairments covered by
Part 382? Yes. The definition of individual with a disability addresses
any individual who has a temporary physical or mental impairment.
(Sec. 382.3) See the following example:
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 using 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 period of time, Jane
would be considered to have a disability covered by Part 382 during
that period. As a carrier, you would be required to provide her
certain services and equipment under Part 382 if requested (for
example, boarding and deplaning assistance, connecting wheelchair
assistance, seating with additional leg room to the extent required
by Part 382, and safe stowage of her crutches in the aircraft cabin
in close proximity to her seat).
Who is a person with a ``record of'' a disability under
Part 382? Part 382 protects from discrimination an individual (1) who
has a ``record of'' (a history of) a physical or mental impairment that
substantially limits one or more major life activities or (2) who has
been classified, or misclassified, as having such an impairment.
Therefore, an individual who does not have a current actual 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. (Sec. 382.3) The following
example illustrates such a situation:
Example: Adam, a passenger who has had severe epileptic seizures
in the past that rendered him unable to work, is denied
transportation by carrier 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 past seizures, because epilepsy may be controlled by
medication. Carrier 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 is a
direct threat to other passengers.
When is a person ``regarded as'' having a disability? Part
382 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. A person can be
``regarded as'' disabled if--
(1) His or her non-limiting or slightly limiting impairments are
treated by an air carrier as substantially limiting;
(2) He or she has no impairments but is treated by an air carrier
as having a substantially limiting impairment; or
(3) His or her impairments become substantially limiting because of
the attitudes of others toward such impairments. (Sec. 382.3).
See the following two examples.
Example 1: Carrier personnel deny John, an individual with a
mild heart condition controlled by medication, transportation
because they believe that flying will cause him to have heart
problems requiring the pilot to divert the aircraft during the
flight. John's condition does not substantially limit any major life
activity. 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 air carrier
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 he had
informed the air carrier 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 air carrier employee is legally
required under Sec. 382.19(d) to provide a written explanation to
John within 10 calendar days of the refusal of transportation
detailing 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
[[Page 39808]]
her presence has upset several passengers who have complained to
gate agents about her appearance. Karen's physical disfigurement
becomes substantially limiting only because of the attitudes of
others and she is protected by the provisions of Part 382. Refusing
to provide transportation to Karen would violate Sec. 382.19(b)
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 example 1
above, and regardless whether the decision to refuse transportation
was correct, a carrier must provide Karen with a written explanation
of the specific basis for the refusal within 10 calendar days of the
incident.
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.
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. (See for example,
Sec. Sec. 382.81, 382.85, 382.87, 382.91, 382.93, 382.111).
May I ask an individual what his or her disability is?
Generally, no. However, clarifying the nature of a disability may be
required to determine if a passenger is entitled to a particular
seating accommodation under sections 382.81 through 382.87. 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 boarding, deplaning, and walking through the airport. For
example--
You may not ask a person What is your disability?
Are you deaf?
You may ask Can you walk from the gate area to your
aircraft seat?
Are you able to transfer from the aisle
chair over a fixed aisle seat armrest?
Can you walk from this gate to your
connecting gate?
Do you need me to notify you if I make any
announcements over the public address
speaker?'' (write a note if necessary)
Example: Susan asks for a bulkhead seat because the condition of
her leg requires additional legroom. You may ask, ``Are you unable
to bend your leg or is your leg fused or immobilized?'' For a
passenger with a fused or immobilized leg, the carrier is required
to provide a bulkhead seat or other seat that provides more legroom
than other seats on the side of an aisle that better accommodates
the individual's disability. (Sec. 382.81(d))
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 air carrier, and
needs in connection with air travel.
G. Part 382 Highlights
What are some of the requirements of Part 382 that I
should be aware of? Following are some of the principle requirements of
Part 382. It is important to note that the list of Part 382
requirements below is not meant to be exhaustive. Rather, it is a list
of requirements governing situations that you are likely to encounter
regularly. In addition, these requirements may not be applicable in
instances where a legally binding conflicts of law waiver exists. You
should refer to the specific sections cited below for exceptions to
these requirements.
[cir] You must not discriminate against passengers with a
disability. (Sec. 382.11(a)(1)) .
[cir] You must not require a passenger with a disability to accept
special services (including preboarding) they do not request. (Sec.
382.11(a)(2)). Instead, you may ask a person if he or she would like a
particular service, facility, or other accommodation. However, you may
require preboarding as a condition to receive certain seating or cabin
stowage accommodations. (Sec. Sec. 382.83(c), 382.85(b), and
382.123(a)).
[cir] You must not exclude a passenger with a disability from or
deny the individual the benefit of any air transportation or related
services that are available to other persons. (Sec. 382.11(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.
[cir] You must not take any adverse action against an individual,
such as refusing transportation, because an individual asserts, on his
or her own behalf, or on behalf of another individual, rights protected
under Part 382 or the ACAA. (Sec. 382.11(a)(4)).
[cir] You must not limit the number of passengers with disabilities
on a particular flight.\6\ (Sec. 382.17).
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\6\ The DOT has received Conflict of Laws waiver requests from
some foreign carriers asserting that Sec. 382.17 conflicts with the
European Aviation Safety Agency's Joint Aviation Regulation-OPS
1.260. Visit http://www.regulations.gov, select ``Agency
Documents,'' and enter ``DOT-OST-2008-0272'' to view Conflict of
Laws waiver requests.
---------------------------------------------------------------------------
[cir] You must not refuse transportation to a passenger solely
based on a disability. (Sec. 382.19).
[cir] You must provide transportation to a passenger 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 passengers
with disabilities even if the disability may offend, annoy, or
inconvenience crewmembers or other passengers. (Sec. 382.19(b)).
However, if the person's disability results in involuntary behavior
that would or might adversely affect the safety of the flight, then the
person may be refused transportation. (Sec. 382.19(c)).
[cir] You may refuse transportation to a passenger with a
disability if transportation of that passenger would--
(1) Endanger the safety of the aircraft or the health or safety of
its passengers or
(2) Violate a Federal Aviation Administration (FAA) or
Transportation Security Administration (TSA) regulation or applicable
requirement of a foreign government. (Sec. 382.19(c)).
[cir] You must not require a passenger with a disability to travel
with a safety assistant or to present a medical certificate, except in
very limited circumstances. (Sec. Sec. 382.23(a) and 382.29).
[cir] You must not require a passenger with a disability to sign a
release or waiver of liability to receive transportation or services or
accommodations for a disability. (Sec. 382.35(a)).
[cir] You must not exclude a passenger with a disability from any
seat in an exit or other row solely based on his or her disability
except to comply with FAA regulations or applicable foreign
[[Page 39809]]
government safety requirements. (Sec. 382.87(a)).
FAA regulations establish criteria that must be met for a passenger
to occupy a seat in the emergency exit rows. (14 CFR 121.585). There
also may be foreign government safety requirements for exit row
seating. If a passenger with a disability meets these FAA criteria and
applicable foreign government safety requirements, he or she should not
necessarily be excluded from sitting 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 the applicable
criteria for exit-row seating. (Sec. 382.87(b)).
[cir] You must provide prompt boarding, deplaning, and connecting
assistance to passengers with disabilities requesting such assistance.
As part of this assistance, you must provide, as needed--
(1) Equipment (for example, wheelchairs, electric carts, and aisle
chairs);
(2) Personnel (for example, individuals to push wheelchairs and
aisle chairs and individuals to assist passengers with disabilities in
carrying and stowing their baggage); and
(3) Ramps or mechanical lifts (only required at any U.S. commercial
service airport with 10,000 or more annual enplanements where level-
entry boarding and deplaning is not available.) (Sec. Sec. 382.91 and
382.95). See Appendix II for a discussion of the agreements carriers
must have with airports for the provision of lifts where level-entry
loading bridges are not available. (Sec. 382.99).
You must allow passengers with disabilities to bring their
assistive devices including canes, crutches, walkers; or other
assistive devices inside the cabin of the aircraft. Other assistive
devices include items such as--
[ssquf] Prescription medications and any medical devices needed to
administer them such as syringes or auto-injectors;
[ssquf] Vision enhancing devices;
[ssquf] Continuous positive airway pressure (CPAP) machines,
portable oxygen concentrators (POC), respirators, and ventilators,
using nonspillable batteries, and
[ssquf] A folding or collapsible wheelchair (see below).
These assistive devices may be stowed in designated priority
stowage areas, in overhead compartments, or under seats consistent with
FAA, PHMSA, TSA, or foreign government requirements concerning safety,
hazardous materials, and security with respect to stowage of carry-on
items. You must not count the number of assistive devices described
above toward the carry-on baggage limit. (Sec. 382.121).
[cir] On certain aircraft, the carrier must designate a priority
stowage space (required dimensions 13'' x 36'' x 42'') for at least one
passenger's typical adult-sized folding, collapsible, or break-down
manual wheelchair. You must not require removal of the wheels or any
other disassembly to fit the manual wheelchair in this priority space.
(Sec. 382.67) This space must be in addition to the overhead
compartments and under-seat spaces routinely used for passenger carry-
on items. You are not required to stow any kind of electric wheelchair
in the aircraft cabin.
This requirement applies if the aircraft--(1) has a designed
seating capacity of 100 or more seats and (2) for a U.S carrier, was
ordered after April 5, 1990, or delivered after April 5, 1992; for a
foreign carrier, was ordered after May 13, 2009, or delivered after May
13, 2010. (Sec. 382.67)).
With regard to the priority stowage space, you, as a carrier, must
comply with the following:
[ssquf] A passenger with a disability who takes advantage of the
opportunity to preboard may stow his or her wheelchair in this area
with priority over other carry-on items brought onto the aircraft by
other passengers and crewmembers consistent with FAA, PHMSA, TSA, or
foreign government requirements concerning safety, hazardous materials,
and security with respect to the stowage of carry-on items. (Sec.
382.123).
[ssquf] You must move any item that you or your personnel have
placed in the closet or other area designated for priority stowage of
carry-on items such as crewmember luggage or a required on-board
wheelchair to make room for the passenger's wheelchair even if the
items were placed there before the passenger boarded the flight. This
includes any items that were placed in the priority stowage area on an
earlier originating or connecting flight. (Sec. 382.123).
[ssquf] A passenger with a disability who does not preboard may use
the priority space to stow his or her wheelchair or other assistive
device on a first-come, first-served basis along with other passengers
stowing their carry-on items. (Sec. 382.123).
[cir] On new aircraft ordered after May 13, 2009, or delivered to
carriers after May 13, 2011, carriers are not permitted to use seat-
strapping (tying down a wheelchair across a row of seats in an aircraft
that does not have the required space for stowing a folding wheelchair
in the cabin) as an alternative to designated stowage spaces. Subject
to the outcome of the pending rulemaking, you may use seat strapping
for manual wheelchairs on existing aircraft that do not have the
required space for stowing a folding wheelchair in the aircraft cabin.
\7\ (Sec. 382.123).
---------------------------------------------------------------------------
\7\ On June 3, 2011, the Department published a Notice of
Proposed Rulemaking regarding the use of seat-strapping as a method
for in-cabin stowage of manual wheelchairs. See 76 FR 32107. The
Department expects to publish a final rule concerning seat-strapping
in 2012.
---------------------------------------------------------------------------
[cir] A passenger with a disability who takes advantage of the
opportunity to preboard may stow assistive devices other than folding
wheelchairs in the priority stowage area over other carry-on items
(except folding wheelchairs) brought onto the aircraft by other
passengers and crewmembers enplaning at the same airport. Stowing these
devices in the priority space must be consistent with FAA, PHMSA, TSA,
or foreign government requirements concerning safety, hazardous
materials, and security with respect to the stowage of carry-on items.
(Sec. 382.123(a)(2)).
[cir] You must have a copy of Part 382 available at every airport
you serve. For foreign carriers, you must keep a copy of Part 382 and
make it available at each airport serving a flight you operate that
begins or ends at a U.S. airport. You must make a copy available for
review upon request by any member of the public. (Sec. 382.45(a)). If
you have a Web site, it must also provide a notice that consumers may
obtain a copy of Part 382 from the DOT--
[ssquf] By telephone (including the appropriate voice and Text
Telephones (TTY) numbers) via a toll-free hotline for air travelers
with disabilities or to the Aviation Consumer Protection Division;
[ssquf] By mail to the Aviation Consumer Protection Division, or
[ssquf] On the Aviation Consumer Protection Division's Web site
(http://airconsumer.dot.gov). (Sec. 382.45(b)).
[cir] As a U.S. carrier, you must provide passengers with vision or
hearing impairments who identify themselves as needing assistance
prompt access to the same information given to other passengers at the
airport. This information includes--
[ssquf] Flight safety,
[ssquf] Ticketing,
[ssquf] Flight check-in,
[ssquf] Gate assignments,
[ssquf] Delayed flights,
[ssquf] Cancellations,
[ssquf] Schedule changes,
[ssquf] Boarding information,
[ssquf] Connections,
[ssquf] Checking baggage,
[[Page 39810]]
[ssquf] Volunteer solicitation on oversold flights (offers of
compensations for giving up a reservation),
[ssquf] Individuals being paged by airlines,
[ssquf] Aircraft changes, and
[ssquf] Emergencies such as fire or bomb threats.
You must provide this information at each gate, ticketing area, and
customer service desk that you own, lease, or control at any U.S. or
foreign airport to the extent that this does not interfere with
employees' safety and security duties under FAA, TSA, and foreign
regulations. (Sec. 382.53(a)(1)).
As a foreign carrier, you must make the information listed above
available at each gate, ticketing area, and customer service desk that
you own, lease, or control at any U.S. airport. At foreign airports,
you must make the information available only: (1) At gates, ticketing
areas, or customer service desks that you own, lease, or control and
(2) for flights that begin or end in the United States. (Sec.
382.53(a)(2)).
As a U.S. or foreign carrier, you and any U.S. airport you use are
jointly responsible for providing the required passenger information to
passengers with vision or hearing impairments when that airport has
control over the gates, ticketing areas, and customer service desks,
(Sec. 382.53(a)(3)).
[cir] You also must provide passengers with vision or hearing
impairments prompt access to the same information given to other
passengers on the aircraft. This means information that a reasonable
consumer would deem important, such as information on--
[ssquf] Flight safety,
[ssquf] Procedures for takeoff and landing,
[ssquf] Flight delays,
[ssquf] Schedule or aircraft changes,
[ssquf] Diversion to a different airport,
[ssquf] Scheduled departure and arrival time,
[ssquf] Boarding information,
[ssquf] Weather conditions at the destination airport,
[ssquf] Beverage and menu information,
[ssquf] Connecting gate assignments,
[ssquf] Claiming baggage,
[ssquf] Individuals being paged by airlines, and
[ssquf] Emergencies such as fire or bomb threats.
Crewmembers are not required to provide such information if it
would interfere with the crewmember's safety duties required under FAA
and applicable foreign regulations. (Sec. 382.119).
[cir] You must allow a service animal to accompany a passenger with
a disability in the aircraft cabin consistent with FAA regulations or
applicable foreign government requirements. As a foreign carrier, you
are not required to carry service animals other than dogs (except as
noted in Sec. 382.7(c) for codeshare flights with U.S. carriers).
You must allow the service animal to sit in close proximity to its
user if the service animal does not block the aisle or other emergency
evacuation route in violation of FAA regulations or applicable foreign
government requirements. Often this will mean that the service animal
will sit under the seat in front of the passenger with a disability 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 2 years of age) of roughly the same size.
(Sec. 382.117).
[cir] You must designate one or more Complaints Resolution Official
(CRO) if you provide service using aircraft with 19 or more passenger
seats. The CRO must be available (in person, by telephone, or TTY
service) to address disability-related complaints. 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.
As a U.S. carrier, you must make the CRO available at each airport
you serve during all times that you operate at that airport.
As a foreign carrier, you must make a CRO available at each airport
serving flights you operate that begin or end at a U.S. airport. For
carriers that operate flights infrequently, for example, flying from
Dulles Airport to a foreign airport at 5 p.m. on Mondays and Thursdays,
you do not have to make a CRO available to persons at Dulles Airport on
those days you do not operate flights or in the mornings on days when
you operate flights. (Sec. 382.151).
[cir] You must not charge for services that are required by Part
382. This means, for example, you and your employees and contractors
may 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, that is, optional services. Examples of such optional
services include carrier-supplied medical oxygen for use onboard an
aircraft or stretcher service. (Sec. 382.31(a)).
[cir] You may charge a passenger for the use of more than one seat
if the passenger's size or condition, such as use of a stretcher,
causes the passenger to occupy more than one seat. (Sec. 382.31(b)).
[cir] If you have a Web site that persons use to make reservations
or purchase tickets that is inaccessible to a passenger with a
disability, you must not charge a fee to the passenger with a
disability who is unable to make a reservation or purchase a ticket
from your Web site when using another reservation booking method such
as by telephone. In addition, if you provide discounts or other
benefits to individuals who book a flight online, then that discount or
benefit must be given to a passenger with a disability who cannot use
the Web site due to his or her disability when he or she buys a ticket
using another method. (Sec. 382.31(c)).
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 With Hearing Impairments
F. Communicable Diseases
G. Medical Certificates
H. Your Obligation To Provide Services and Equipment
I. Safety Assistants
A. Advance Notice
You cannot require a passenger with a disability to provide advance
notice of his or her intention to travel except as noted below.
Advance Notice Only for Particular Services and Equipment
You may require up to 48 hours' advance notice (that is, 48 hours
before the scheduled departure time of the flight) and 1 hours' advance
check-in (that is, 1 hour before the check-in time for the general
public) from a passenger with a disability who wishes to receive the
following services:
Transportation of an electric wheelchair on an aircraft
with fewer than 60 passenger 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 make reservations and travel as a group;
Provision of an on-board wheelchair on an aircraft with
more than 60 passenger seats 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;
Transportation of an emotional support or psychiatric
service animal in the cabin;
[[Page 39811]]
Transportation of any service animal on a flight segment
scheduled to take 8 hours or more; and
Accommodation of a passenger with both severe vision and
hearing impairments. (Sec. 382.27(c)(4) through (c)(10)).
Example 1: If you advise passengers to check-in 1 hour before
the scheduled departure time of the flight, you may advise a
passenger with a disability who seeks one of the accommodations
listed above to check-in 2 hours before the scheduled departure time
for the flight.
Example 2: While making his reservation, a passenger with a
disability gave the 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 passenger
seats and it does not have an accessible lavatory. During the
telephone call, the reservation agent makes the passenger aware of
the fact that the lavatory is inaccessible, but the passenger
explains that he can use an inaccessible lavatory if he has access
to an aisle chair provided by the carrier. The passenger has
complied with the advance notice requirement. Normally this
information would have been entered into the passenger's reservation
record (also 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 of the
flight and asks about the requested 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. You
should ask a colleague and, if necessary, contact a Complaints
Resolution Official (CRO). When you ask your colleague, you are told
that all aircraft with more than 60 passenger seats in your air
carrier's fleet are equipped with 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 POC or Carrier-Supplied Inflight Medical Oxygen
With respect to onboard use of supplemental oxygen during a flight,
you can require advance notice of a passenger whether you, the carrier,
provides the oxygen or the passenger supplies the POC.
International flights. You may require up to 72 hours' advance
notice and 1-hour advance check-in (that is, 1 hour before the check-in
time for the general public) from a passenger with a disability who
wishes to receive carrier-supplied medical oxygen for use onboard the
aircraft. You may require 48 hours' advance notice and check-in one
hour before the check-in time for the general public to use his/her
ventilator, respirator, CPAP machine or POC.
Domestic flights. You may require up to 48 hours' advance notice
and 1-hour advance check-in (that is, 1 hour before the check-in time
for the general public) from a passenger with a disability who wishes
to use his or her own POC or wishes to receive carrier-supplied medical
oxygen for use onboard the aircraft. (Sec. 382.27(b)).
Advance Notice for Other Electronic Respiratory Assistive Devices
With respect to onboard use of a ventilator, respirator, or
continuous positive airway pressure (CPAP) machine during a flight, you
may require up to 48 hours' advance notice and 1-hour advance check-in
(that is, 1 hour before the check-in time for the general public) from
a passenger with a disability when the passenger supplies the
ventilator, respirator, or CPAP machine. (Sec. 382.27(b)).
Advance Notice for Optional Services and Equipment
Although carriers are not required to provide the following
services or equipment, if you choose to provide them, you may require
up to 48 hours' advance notice (that is, up to 48 hours before the
scheduled departure time of the flight) and 1 hour's advance check-in
(that is, 1 hour before the check-in time for the general public) for--
Carriage of an incubator;
Hook-up for a CPAP machine, POC, respirator, or ventilator
to the aircraft's electrical power supply; and
Accommodation for a passenger who must travel on a
stretcher. (Sec. 382.27(c)(1)-(3)).
If a passenger with a disability provides the appropriate advance
notice for a service you are required to provide or choose to provide,
you must provide that the service or accommodation. (Sec. 382.27(d)).
Note: Since the issuance of the revised Part 382 on May 13,
2008, some carriers have denied passengers the use of POCs onboard
the aircraft because the devices did not have a manufacturer's label
indicating that the device complies with the standards of RTCA/DO-
160 or other applicable Federal Aviation Administration (FAA) or
foreign requirements for portable medical electronic devices, even
though the POC has been approved by the FAA for onboard use. As
stated in its Notice published on October 29, 2009, the Department
of Transportation (DOT) strongly encourages carriers to allow
passengers to use any FAA-approved POC if the conditions in Special
Federal Aviation Regulation No. 106 (SFAR 106) for use of portable
oxygen concentrator systems onboard aircraft are followed even if
the device has not been labeled \8\. Under SFAR 106, the FAA reviews
the tests of POCs and determines whether the POCs meet safety
requirements for medical portable electronic devices and are safe
for use in-flight subject to certain conditions. The FAA
specifically lists any POC brands and models that it deems
acceptable for use onboard aircraft in SFAR 106. (14 CFR part 121,
SFAR 106) (A list of FAA-approved POCs can be found on the FAA's Web
site at http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/).
\8\ The Use of Passenger-Supplied Electronic Respiratory
Assistive Device on Aircraft, October 28, 2009. See http://airconsumer.dot.gov/rules/notice_10_28_09.pdf. The notice also
covers other electronic respiratory assistive devices.
---------------------------------------------------------------------------
Make a Reasonable Effort To Accommodate, Even Without Advance Notice
If a passenger with a disability does not meet the advance notice
or check-in requirement described above, you must make a reasonable
effort to furnish the requested service or equipment, if making such
accommodation would not delay the flight. (Sec. 382.27(g)).
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 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?
As a carrier, you may require 48 hours' advance notice and 1-
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 passenger seats. You may require the same advance
notice to provide hazardous materials packaging for a battery.
However, carrier 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.
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. 382.127(c)) or detach, ``box'', and store
the spillable battery (Sec. 382.127(d)) within about 20 to 25
minutes. If this is possible under the existing circumstances, you
must accommodate Mr. Thomas, his battery-powered wheelchair, and the
spillable battery even though Mr. Thomas did not provide advance
notice, because doing so would not delay the flight.
Example 2: Ms. Webster must travel with medical oxygen and
arrives 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
[[Page 39812]]
of medical oxygen for use onboard 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 provides medical oxygen service in that market.
The passenger should be aware, however, that providing 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 the
customer cannot be accommodated, you should provide the customer
with a written statement stating the specific basis for the refusal
to provide transportation within 10 calendar days of the refusal in
accordance with section 382.19(d).
If the Aircraft Is Substituted or Changed to Another Carrier, 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 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 even if the new flight is on another carrier. (Sec.
382.27(f)).
B. Information About the Aircraft
You should be able to provide information about aircraft
accessibility to passengers with a disability when they or persons on
their behalf request this information. 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. (Sec. 382.41
and Subpart F--Seating Accommodations).
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. This includes limitations
on the availability of level-entry boarding to the aircraft at any
airport involved in the flight;
The location of seats in a row with a movable aisle
armrest, if any, by row and seat number and any seats which the carrier
may not make available to individuals with a disability (for example,
exit rows);
Any limitation on the availability of storage facilities
in the cabin or in the cargo compartment for mobility aids or other
assistive devices commonly used by an individual with a disability,
including storage in the cabin of a passenger's wheelchair;
Whether the aircraft has a lavatory accessible to
passengers with a disability; and
The type of services available and unavailable to
passengers with a disability. (Sec. 382.41).
You Are Required To Provide the Following Information
For a passenger with a disability who communicates that he or she
uses a wheelchair for boarding, you must provide information on any
aircraft-related, service-related, or other accommodation limitation
such as a limitation on the availability of level-entry boarding to the
aircraft at any airport involved in the flight. The passenger does not
have to request this information explicitly. (Sec. 382.41(c)).
Accuracy of Information
When an agent acting on your behalf provides inaccurate information
to a passenger with a disability concerning a disability-related
accommodation, you, the carrier, are responsible for any resulting
information-related violation of Part 382.
In addition, if you agree to provide a service not specifically
required under Part 382 to accommodate a particular passenger's
disability, you are obligated to provide that service or risk being in
violation of Sec. 382.41. For example, if you inform a passenger that
you will not serve peanuts on the passenger's flights to accommodate
his or her peanut allergy then you must ensure peanuts are not served
on those flights or be in violation of Sec. 382.41.
Passenger-Supplied Electronic Respiratory Assistive Devices
U.S. carriers (except for on-demand air taxi operators).
You must permit passengers with a disability travelling on aircraft
originally designed to have a maximum passenger seating capacity of
more than 19 seats to use a continuous positive airway pressure (CPAP)
machine, respirator, ventilator, or an FAA-approved POC in the aircraft
cabin if the device--
(1) Meets FAA or applicable foreign government requirements and
displays a manufacturer's label indicating that the device meets those
requirements; and
(2) Can be stowed and used in the aircraft cabin under applicable
FAA, PHMSA, and Transportation Security Administration (TSA)
regulations. (Sec. 382.133(a)).
When during the reservation process a passenger with a disability
asks you about bringing his or her electronic respiratory assistive
device onboard the aircraft, you must tell the passenger about the
requirements for carrying the device onboard the aircraft
specifically--
(1) Labeling (see Note on labeling in Section A),
(2) Maximum weight and dimension limitations,
(3) Bringing an adequate number of fully charged batteries
(packaged and protected from short circuit and physical damage),
(4) Any advance notice and check-in requirements (See Section A),
(5) Medical certificate requirements (POCs), and
(6) The maximum expected duration of the flight. (Sec.
382.133(c)(1) through (c)(6) and (f)(1)).
You may insist that passengers bring an adequate number of fully
charged batteries onboard to power the device for not less than 150
percent of the expected maximum flight duration. (Sec. 382.133(f)(2)).
If the passenger does not comply with the conditions for acceptance of
a medical portable electronic device outlined in the regulation, you
may deny the passenger boarding. (Sec. 382.133(f)(3)) If you deny the
passenger boarding, you must provide the passenger with a written
explanation within 10 calendar days of the refusal of transport as
required under Sec. 382.19(d).
Foreign Carriers (Except for Foreign Carriers Conducting Operations
Equivalent to U.S. On-Demand Air Taxi Operators)
You must permit passengers with a disability traveling on aircraft
originally designed to have a maximum passenger seating capacity of
more than 19 seats to use a CPAP machine, respirator, ventilator, or a
POC of a kind equivalent to an FAA-approved POC for U.S. carriers in
the aircraft cabin during flights to, from, or within the United States
if the device--
(1) Meets requirements for medical portable electronic devices set
by the foreign carrier's government and displays a manufacturer's label
indicating that the device meets those requirements or, if there is no
applicable foreign government provision, the device meets requirements
for medical portable electronic devices set by the FAA for U.S.
carriers and displays a manufacturer's label that the device meets FAA
requirements and
(2) Can be stowed and used in the aircraft cabin under applicable
FAA, PHMSA, and TSA regulations, and the
[[Page 39813]]
safety or security regulations of the foreign carrier's government.
(Sec. 382.133(b)).
When during the reservation process a passenger with a disability
asks you about bringing his or her CPAP machine, respirator,
ventilator, or a POC of a kind equivalent to an FAA-approved POC for
U.S. carriers onboard the aircraft, you must tell the passenger about
the foreign carrier's government requirements or FAA requirements, if
applicable, for carrying the device onboard the aircraft specifically--
(1) Labeling (see Note on labeling in Section A),
(2) Maximum weight and dimension limitations,
(3) Bringing an adequate number of fully charged batteries
(packaged in accordance with applicable government safety regulations),
(4) Any advance notice and check-in requirements (See Section A),
(5) Medical certificate requirements (POCs), and
(6) The maximum expected duration of the flight. (Sec.
382.133(d)(1) through (d)(7) and (f)(1)).
You may insist that passengers bring an adequate number of fully
charged batteries onboard to power the device for not less than 150
percent of the expected maximum flight duration. (Sec. 382.133(f)(2)).
If the passenger does not comply with the conditions for acceptance of
a medical portable electronic device outlined in the regulation, you
may deny the passenger boarding. (Sec. 382.133(f)(3)). If you deny the
passenger boarding, you must provide the passenger with a written
explanation within 10 calendar days of the refusal of transport as
required under Sec. 382.19(d).
Medical Certificate Requirements
While you may require a medical certificate from an individual who
wishes to use a POC or carrier supplied oxygen during flight, it
normally would not be appropriate for you to ask for such a certificate
from someone wishing to use a CPAP machine, respirator, or ventilator
aboard a flight. Consistent with Sec. 382.23, a medical certificate
should be required of an individual who uses a CPAP machine,
respirator, or ventilator only if the individual's medical condition is
such that there is reasonable doubt that the individual can complete
the flight safely, without requiring extraordinary medical assistance
during the flight. See Section G., Medical Certificates.
Batteries
The appropriate number of batteries should be calculated using the
manufacturer's estimate of the hours of battery life while the device
is in use and as specified in the passenger's medical certificate (for
example, flow rate for POCs). The expected maximum flight duration is
defined as the carrier's best estimate of the total duration of the
flight from departure gate to arrival gate, including taxi time to and
from the terminals, based on the scheduled flight time and factors such
as wind and other weather conditions forecast; anticipated air traffic
delays; one instrument approach and possible missed approach at the
destination airport; and any other conditions that may delay arrival of
the aircraft at the destination. (Sec. Sec. 382.3 and 382.133(f)).
You may deny boarding, on the basis of safety, to a passenger with
a disability who does not carry the number of fully charged batteries
prescribed in the rule or to a passenger with a disability who does not
properly package the extra batteries needed to power his/her device.
Information for passengers on how to travel safely with batteries is
available at http://safetravel.dot.gov. However, you may not deny
boarding due to an inadequate number of batteries unless you can
provide information from a reliable source demonstrating that the
number of batteries that the passenger has supplied will not provide
adequate power for 150 percent of the expected maximum flight duration
based on the battery life indicated in the manufacturer's specification
when the device is operating at the flow rate specified in the medical
certificate. In instances where you deny boarding to an individual, you
must provide the individual a written statement of the reason for the
refusal to provide transportation within 10 days of the incident.
(Sec. 382.133(f)(3)).
Note: The requirement to bring an adequate number of batteries
to operate the device continuously for up to 150 percent of the
expected maximum flight duration does not apply in circumstances
where the passenger will be using an FAA-approved POC while boarding
or deplaning from the aircraft but will be using a carrier-supplied
POC or carrier-supplied oxygen during the flight itself.
Codeshare Flights
As the carrier whose code is used on a flight itinerary, you must
either inform the passenger with a disability who inquires about using
an electronic respiratory device (CPAP, POC, respirator, or ventilator)
onboard the aircraft to--
(1) Contact the carrier operating the flight for information about
its requirements for use of electronic respiratory devices onboard the
aircraft or
(2) Provide information on the use of electronic respiratory
devices on behalf of the codeshare carrier operating the flight. (Sec.
382.133(e)).
Example: A passenger buys a codeshare ticket from carrier A for
a connecting itinerary from New York to Cairo through London, where
carrier A operates the New York to London flight segment and carrier
B operates the London to Cairo flight segment under carrier A's
designator code. Carrier A must upon inquiry from the passenger
inform the passenger about--
(1) Carrier A's requirements for the use in the cabin of a CPAP
machine, POC, respirator, or ventilator and
(2) Carrier B's requirements for the use in the cabin of a CPAP
machine, POC, respirator, or ventilator, or tell the passenger to
contact carrier B directly to obtain this information.
C. Mobility Aids and Assistive Devices
If, in assisting a passenger with a disability, a carrier employee
or contractor disassembles the passenger's wheelchair, mobility aid, or
other assistive device, 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.
(Sec. 382.129(b)). You must permit passengers with a disability to
provide written instructions concerning the disassembly and reassembly
of their wheelchairs, other mobility aids, and other assistive devices.
You must carry out these instructions to the greatest extent feasible
consistent with FAA, PHMSA, TSA, or foreign government requirements
concerning safety, hazardous materials, and security with respect to
the stowage of carry-on items. (Sec. 382.129(a)). You cannot require
passengers with disabilities to sign a waiver of liability for damage
to or loss of wheelchairs or other assistive devices. However, you may
note preexisting damage to wheelchairs or other assistive devices.
(Sec. 382.35(b)).
D. Service Animals \9\
---------------------------------------------------------------------------
\9\ Guidance Concerning Service Animals at http://airconsumer.ost.dot.gov/rules/20030509.pdf. This document describes
how the DOT understands Sec. 382.117 and provides suggestions and
recommendations on how carriers can best accommodate service animals
and their users.
---------------------------------------------------------------------------
A service animal is an--
(1) Animal individually trained to perform functions to assist a
person with a disability;
(2) Animal that has been shown to have the innate ability to assist
a person
[[Page 39814]]
with a disability, for example, a seizure alert animal; or
(3) Emotional support or psychiatric service 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. However, as a foreign carrier you are only required to
accommodate dogs as service animals except on codesharing flights with
U.S. carriers. For more information regarding service animals on such
flights, see the Note under the heading Unusual Service Animals in this
section.
Service Animal Permitted To Accompany Passenger on Flight and at Seat
Assignment
You must permit a service animal used by a passenger with a
disability to accompany the passenger on his or her flight. (Sec.
382.117(a)). In addition, you must permit a service animal to accompany
a passenger with a disability to the passenger's assigned seat and
remain there if the animal does not obstruct the aisle or other areas
that must remain unobstructed to facilitate an emergency evacuation.
(Sec. 382.117(b)). 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 cabin
service.
If a service animal does not fit in the space immediately in front
of the accompanying passenger with a disability and there is no other
seat with sufficient space to safely accommodate the animal and the
accompanying passenger, there are several options to consider for
accommodating the service animal in the cabin in the same class of
service. You should speak with other passengers to find a passenger--
(1) Seated in an adjacent seat who is willing to share foot space
with the animal, or
(2) Who is willing to exchange seats with the passenger
accompanying the service animal and is seated in a seat adjacent to--
(a) A location where the service animal can be accommodated (for
example, in the space behind the last row of seats) or
(b) An empty seat.
You must not deny a passenger with a disability transportation on
the basis that the service animal may offend or annoy persons traveling
on the aircraft. (Sec. 382.117(a)(1)). See also Guidance Concerning
Service Animals at http://airconsumer.ost.dot.gov/rules/20030509.pdf.
The FAA issued a Flight Standards Information Bulletin for Air
Transportation (FSAT) that deals with the ``Location and Placement of
Service Animals on Aircraft Engaged in Public Air Transportation.''
That FSAT can be found in Appendix IV.
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. (Sec. 382.117(c)).
Verification of Service Animals
Under particular circumstances (see Example 1 below), you may wish
to verify whether an animal accompanying a passenger with a disability
qualifies as a service animal under Part 382. Other than service
animals used as emotional support or psychiatric service animals, you
must accept the following as evidence that the animal is a service
animal:
The credible verbal assurances of a qualified individual
with a disability using the animal,
The presence of harnesses,
Tags, or
Identification cards or other written documentation.
(Sec. 382.117(d)).
Note: Passengers accompanied by service animals may not have
identification or written documentation regarding their service
animals. 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, however, the absence of such
equipment does not necessarily mean the animal is not a service
animal. Similarly, the presence of a harness or vest on a pet for
which the passenger cannot provide a credible verbal assurance may
not be sufficient evidence that the animal is a legitimate service
animal. See also Appendix III of this manual titled DOT Guidance
Concerning Service Animals in Air Transportation.
Required Documentation
If a flight is scheduled for 8 hours or more, you may require
documentation that the service animal will not need to relieve itself
on the flight or can do so in a way that will not create a health or
sanitation issue on the flight. (Sec. 382.117(a)(2)).
Carriers also may require that passengers traveling with emotional
support or psychiatric service animals present current documentation
(that is, no older than 1 year from the date of the passenger's
scheduled initial flight)\10\ on the letterhead of a licensed mental
health professional, including a medical doctor, specifically treating
the passenger's mental or emotional disability stating--
---------------------------------------------------------------------------
\10\ Your carrier may, at its discretion, accept from the
passenger with a disability documentation from his or her licensed
mental health professional that is more than 1 year old. The DOT
encourages carriers to consider accepting ``outdated'' documentation
in situations where such passenger provides a letter or notice of
cancellation or other written communication indicating the
termination of health insurance coverage, and his/her inability to
afford treatment for his or her mental or emotional disability.
---------------------------------------------------------------------------
The passenger has a recognized mental or emotional
disability;\11\
---------------------------------------------------------------------------
\11\ Referenced in the Diagnostic and Statistical Manual of
Mental Disorders--Fourth Edition (DSM IV).
---------------------------------------------------------------------------
The passenger needs the service animal as an accommodation
for air travel and/or activity at the passenger's destination;
The provider of the letter is a licensed mental health
professional, or a licensed medical professional treating the
individual for the recognized mental or emotional disability, and the
passenger is under the individual's professional care; and
The date and type of mental health professional's license
and the state or other jurisdiction in which the license was issued.
(Sec. 382.117(e)(1) through (e)(4)).
Even if you receive sufficient verification that an animal
accompanying a passenger is 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 (for example, carry
the animal in the cargo compartment). Note that carriers are required
to carry service animals even if the animal may offend or annoy carrier
personnel or persons traveling on the aircraft. Pursuant to section
382.117(g), if you refuse to accept an animal as a service animal, you
must explain the reason for your decision to the passenger and document
it in writing. A copy of the explanation must be provided to the
passenger within 10 calendar days of the incident.
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?
Generally, you must permit a passenger with a disability to be
accompanied by a service animal. However if you have a reasonable
basis for questioning whether the animal is a service animal, you
may ask for some verification. Usually written verification is not
required.
You may begin by asking questions about the service animal, for
example, ``What tasks or functions does your animal perform for
[[Page 39815]]
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 or psychiatric service
animal, you may request further verification. You should also call a
CRO if there is any further doubt 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 provided the animal does not obstruct the
aisle or present any safety issues and the animal is behaving
appropriately in a public setting. However, note that as a foreign
carrier, you are not required to carry service animals other than
dogs (except as noted in Sec. 382.7(c) for codeshare flights with a
U.S carrier.).
Example 2: A passenger with a hearing impairment is planning to
board the plane with his service animal. The service animal is a
hearing-assistance dog and is small enough to sit on the passenger's
lap. While waiting to board the flight, the hearing-assistance dog
jumps off the passenger's lap and begins barking and nipping at
other passengers in the waiting area. What should you do?
Although you have initially made the determination that the
hearing-assistance dog is a service animal and may accompany the
passenger with the hearing impairment 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-assistance 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. As
discussed later, you also must document your decision in writing and
provide the passenger with a copy of your explanation at the airport
or within 10 calendar days. (Sec. 382.117(g)).
Requests for Seat Assignments by a Passenger Accompanied by a Service
Animal
For a passenger with a disability traveling with a service animal,
you must provide, as the passenger requests, either a bulkhead seat or
a seat other than a bulkhead seat. (Sec. 382.81(c)). Note that on some
aircraft the bulkhead seat is also the emergency exit row. If this is
the case, the passenger cannot sit in the bulkhead seat with the
service animal.
Relief Areas for Service Animals
With respect to terminal facilities you own, lease, or control at a
U.S. airport, you must, in cooperation with the airport operator,
provide relief areas for service animals that accompany passengers with
a disability who are departing, arriving, or connecting at an airport
on your flights.
When establishing relief areas you should consider the size and
surface material of the area, maintenance, and distance to relief area,
which could vary, based on the size and configuration of the airport.
In planning the relief area, it is critical to involve airline,
airport, service animal training organization, TSA, and U.S. Customs
and Border Protection.
In addition, you should advise passengers who request you provide
them with assistance to an animal relief area, the location of the
animal relief area. Additionally, if requested, it would be your
responsibility to accompany a passenger traveling with a service animal
to and from the animal relief area.
The DOT requirement to provide animal relief areas was effective on
May 13, 2009, for U.S. carriers and May 13, 2010, for foreign carriers.
See Chapter 4, Section A, Animal Relief Areas, for additional guidance
on establishing and maintaining relief areas for service animals.
(Sec. 382.51(a)(5)).
Unusual Service Animals
As a U.S. carrier, you are not required to carry certain unusual
service animals in the aircraft cabin such as ferrets, rodents,
spiders, snakes and other reptiles. Other commonly used service
animals, such as miniature horses and monkeys, can travel as service
animals on U.S. carriers. However, the carrier can decide to exclude a
particular animal on a case-by-case basis if it--
Is too large or heavy to be accommodated in the aircraft
cabin;
Would pose a direct threat to the health and safety of
others;
Would cause a significant disruption in cabin service; or
Would be prohibited from entering a foreign country at the
aircraft's destination.
For U.S. carriers, if none of the factors listed directly above
preclude a service animal from traveling in the aircraft cabin, you
must permit it to travel onboard the aircraft.
Note: As a foreign carrier, you are normally only required to
accommodate dogs as service animals. However, if you are a foreign
carrier that participates in a codesharing arrangement with a U.S.
carrier on flights between two foreign points, the service
provisions of Subparts A through C, F through H, and K with respect
to passengers traveling under the U.S. carriers code would be in
effect on the codeshare flight. Therefore, in such instances as a
foreign carrier you would have to accommodate service animals other
than dogs.
Exceptions to Requirement for Foreign Carriers To Accommodate Unusual
Service Animals
A U.S. carrier advises the passenger that the foreign carrier does
not accept service animals other than dogs and then assists the
passenger in making alternate flight arrangements using alternate
carriers and/or alternate routings.
Alternatively, the U.S. carrier could market and sell the flight
segment between two foreign points as an interline connection \12\ as
opposed to a code-share flight, and fully disclose to the passenger
that the foreign carrier will likely not provide the same service that
is to accept service animals other than dogs as is required of a U.S.
carrier.
---------------------------------------------------------------------------
\12\ Interline connection means change of aircraft and airlines.
---------------------------------------------------------------------------
Nonacceptance of a Service Animal
If you decide not to accept an animal as a service animal, you must
explain the reason to the passenger and document your decision in
writing. A copy of the explanation must be provided to the passenger at
the airport or within 10 calendar days of the event. (Sec.
382.117(g)).
Destinations Outside the United States
You must promptly take all steps necessary to comply with foreign
regulations such as animal health regulations, to permit the
transportation of a passenger's service animal from the United States
to a foreign destination. (Sec. 382.117(h)). See Appendix IV for DOT
Guidance on transportation of service animals into the United Kingdom
and into countries other than the United Kingdom. (Sec. 382.117(i)).
This guidance also can be found on the DOT's Aviation Consumer
Protection Division Web site at http://airconsumer.dot.gov.
E. Accommodations for Air Travelers With Hearing Impairments
If, as a carrier, you provide a telephone reservation and
information service to the public, you must make this service available
to individuals who use a text telephone (TTY), whether through your own
TTY, voice relay, or other available technology to permit individuals
with hearing impairments to make reservations and obtain information.
You no longer are required to have a TTY; only your reservation service
must be available to those who use a TTY. The TTY, voice relay, or
other available technology must be available during the same hours as
the telephone service for the general public and the same response time
for answering calls and the same surcharges
[[Page 39816]]
must apply to the TTY, voice relay, or other available technology as
the telephone service for the general public (non-TTY users). You must
also list your TTY number if you have one when in any medium in which
you list the telephone number of your information and reservation
service. If you do not have a TTY number, you must state how TTY users
can reach your information and reservation service such as via voice
relay or other technology. (Sec. 382.43(a)(1) through (4)).
Foreign Carriers
As a foreign carrier, information and reservation services must be
accessible to individuals with hearing impairments for flights covered
by this rule by May 13, 2010. (Sec. 382.43(a)(5)).
Exceptions to TTY Requirements
You do not have to meet the TTY, voice relay, or other available
technology requirements in any country in which the telecommunications
infrastructure does not readily permit compliance. (Sec. 382.43(b)).
F. Communicable Diseases
Passengers With a Communicable Disease or Other Medical Condition Are
Permitted on a Flight
Except as described below in this section, you must not-- (1)
Refuse transportation to; (2) require a medical certificate from; (3)
delay the passenger's transportation (for example, require the
passenger to take a later flight); or (4) impose any condition,
restriction, or requirement not imposed on other passengers on a
passenger with a communicable disease or infection. (Sec. 382.21)
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 safety of others, can you take any of
the actions listed below. (Sec. 382.21(a)). A direct threat means a
significant risk to the health or safety of others that cannot be
eliminated by modifying policies, practices, or procedures, or by
providing auxiliary aids or services. (Sec. 382.3) .
To be a direct threat--
A condition must be (1) readily transmittable by casual contact
during a flight; and (2) have severe health consequences.
Direct Threat Determination
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, to determine--
(1) The nature, duration, and severity of the risk;
(2) The probability that the potential harm to the health and
safety of others will actually occur; and
(3) Whether reasonably modifying policies, practices, or procedures
will mitigate the risk. (Sec. Sec. 382.19(c)(1)(i-iii) and
382.21(b)(1)(2)).
In making this assessment, you may rely on directives issued by
public health authorities such as the U.S. Centers for Disease Control
or Public Health Service, comparable agencies in other countries, and
the World Health Organization. You must consider the significance of
the consequences of a communicable disease and the degree to which it
can be readily transmitted by casual contact in an aircraft cabin.
(Sec. 382.21(b)(1)).
You should also confer with appropriate medical personnel and a CRO
when making this assessment. The following table presents examples of
communicable diseases and the degree to which they can be readily
transmitted in an aircraft cabin, whether they involve severe health
consequences and whether they pose a ``direct threat'' to other
passengers:
----------------------------------------------------------------------------------------------------------------
Readily transmissible in Severe health
Communicable disease the aircraft cabin consequences Direct threat
----------------------------------------------------------------------------------------------------------------
Common Cold......................... Yes..................... No..................... No.
AIDS................................ No...................... Yes.................... No.
SARS................................ Yes..................... Yes.................... Yes.
----------------------------------------------------------------------------------------------------------------
(Sec. 382.21(b)(2)).
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--
(1) Impose on that passenger a special condition or restriction
(for example, wearing a mask);
(2) 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. 382.21(c));
(3) Delay the passenger's transportation (for example, require the
passenger to take a later flight); or
(4) Refuse to provide transportation to that person.
You must choose the least restrictive of the four options described
above that would accomplish the objective. (Sec. 382.19(c)(2)).
Medical Certificate Requirements--Direct Threat Determined
See Section G, Medical Certificates, Medical Certificate and a
Passenger with a Communicable Disease or Infection.
Postponed Travel
If you deem a passenger as presenting a direct threat and determine
he or she cannot travel as scheduled, you must allow the passenger to
travel at a time up to 90 days from the date of the postponed travel at
the same price or, at the passenger's discretion, provide a refund for
any unused flights, including return flights. You may not apply
cancellation or rebooking fees or penalties to this situation or
subject the passenger to any fare increases that may occur in the
meantime. In addition, you may not apply cancellation or rebooking fees
or penalties to any increase in that passenger's fare because a seat
was unavailable in the fare class on his or her original ticket. (Sec.
382.21(d)). If you restrict a passenger's travel on the basis that the
passenger has a communicable disease or other medical condition, you
must, on the passenger's request, provide a written explanation within
10 days of the passenger's request. (Sec. 382.21(e)).
Example: A passenger purchases a one-way economy/coach class
ticket for a flight from Los Angeles to Tokyo on March 15 for $750.
When the passenger arrives at the airport it is determined he has
contracted Severe Acute Respiratory Syndrome (SARS). The carrier
determines that because SARS is both able to be readily transmitted
by casual contact during a flight and has severe health consequences
the passenger presents a direct threat. Accordingly, the carrier
forces the passenger to postpone his travel. On April 15, the
passenger is completely healthy and
[[Page 39817]]
free of SARS and wishes to rebook a ticket from Los Angeles to
Tokyo. Even though the current price of an economy/coach class
ticket from Los Angeles to Tokyo is $900 on April 15, the carrier
may not charge this passenger more than $750 for the economy/coach
class ticket. Additionally, if there are no economy/coach class
seats available when the passenger wants to travel and the passenger
chooses to purchase a business or first class ticket to be on that
particular flight, the carrier may not apply cancellation or
rebooking fees or penalties to any increase in that passenger's fare
because no seats were available for purchase at the economy/coach
class fare. However, you may charge the passenger the difference
between the price of the $750 economy/coach class ticket and the
price of a business class seat or a first class seat.
At all times, as a matter of good customer service, you should
treat the passenger with courtesy and respect.
G. Medical Certificates
Medical Certificates for Passengers With a Disability (Other Than
Passengers With a Communicable Disease)
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. (Sec. 382.23(a) and (b)(2)).
You may require a medical certificate only if the passenger with a
disability:
Is traveling on a stretcher or in an incubator (where such
service is offered);
Will be using a passenger-supplied POC in-flight or needs
carrier-supplied medical oxygen (where such service is offered);
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. 382.23(b)); or
Has a communicable disease that poses a direct threat to
the health and safety of others on the flight. (Sec. 382.23(c)).
To be valid, the required medical certificate must be dated within
10 days of the scheduled date of the passenger's initial departing
flight. (Sec. 382.23(b)(3)).
Note: The DOT's intent regarding the medical certificate
provision was to allow carriers to impose the 10-day time limit to
medical certificates only for passengers with communicable diseases,
not to other individuals such as passengers who need supplemental
oxygen (for example, to assist those individuals with asthma or
emphysema.) The DOT encourages carriers not to require the
documentation to be dated within 10 days of the scheduled date of
the passenger's flight for passengers who wish to use an FAA-
approved POC as supplemental oxygen.
Example: A passenger schedules a flight from New York to London
on January 15 with a return flight on April 15 and would like to use
a POC onboard the aircraft. The carrier could require the passenger
to show a medical certificate dated January 5 or later. For the
passenger's return flight on April 15, the passenger would not have
to show a second medical certificate dated April 5 or later.
Significant Adverse Change in Medical Condition
You may subject a passenger with a medical certificate to
additional medical review if you believe that--
(1) There has been a significant adverse change in the passenger's
medical condition since the issuance of the medical certificate or
(2) The certificate significantly understates the passenger's risk
to the health or safety of others on the flight.
If this additional medical review shows that the passenger is
unlikely to complete the flight without extraordinary medical
assistance you may, notwithstanding the medical certificate, deny or
restrict the passenger's transportation. (Sec. 382.23(d)).
Note: If you deny or restrict a passenger's travel, you must
provide a written explanation upon the passenger's request within 10
days of the request explaining why you considered the restriction
necessary. (Sec. 382.21(e)).
Medical Certificate and a Passenger With a Communicable Disease or
Infection
If you determine that a passenger with a communicable disease or
infection poses a direct threat to the health or safety of others on
the flight, you may require a medical certificate from the passenger.
(Sec. 382.23(c)(1)) The medical certificate is a written statement
from the passenger's physician stating that the disease or infection
would not under current conditions be communicable to other persons
during the normal course of the flight and must include any conditions
or precautions that would have to be observed to prevent the
transmission of the disease or infection during the normal course of
the flight. The medical certificate must be dated within 10 days of the
flight date, not within 10 days of the initial flight. (Sec.
382.23(c)(2)).
In the event that you determine the need for a medical certificate
for a passenger with a communicable disease or infection, you should
provide the passenger with the disability the reason for the request.
You should base your request on the reasons provided in Part 382 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 6-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. As previously discussed, 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. An example of such a communicable disease is
SARs. Medical conditions that do not pose a direct threat to the
health or safety of passengers (1) are easily transmitted in
aircraft cabins but have limited health consequences such as the
common cold or (2) are difficult to transmit in aircraft cabins but
have serious health consequences such as acquired immune deficiency
syndrome (AIDS).
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 affect 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 and the
CRO's observations and confirm that contagious chicken pox would
pose a direct threat to passengers.
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:
(1) Refusing transportation to the individual;
(2) Delaying the passenger's transportation (for example,
requiring the individual to take a later flight);
(3) Requiring a medical certificate; or
(4) Imposing a special condition or limitation on the
individual.
If the medical support people indicate 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
[[Page 39818]]
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 four options.
As a reminder, Sec. 382.23(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 during the
normal course of a 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
during the normal course of a flight and be dated within 10 days of
the date of the flight. If the medical certificate is incomplete,
you cannot carry out the prescribed measures on the medical
certificate. If you cannot carry out the prescribed measures on the
medical certificate 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.
Note: If you restrict a passenger's travel, you must provide a
written explanation upon the passenger's request within 10 days of
the request explaining why you considered the restriction necessary.
(Sec. 382.21(e)).
Significant Adverse Change in Medical Condition
You may subject a passenger with a medical certificate to
additional medical review if you believe that--
(1) There has been a significant adverse change in the passenger's
medical condition since the issuance of the medical certificate or
(2) The certificate significantly understates the passenger's risk
to the health or safety of others on the flight.
If this additional medical review shows that the passenger is
unlikely to complete the flight without extraordinary medical
assistance or would pose a direct threat to other passengers, you may,
notwithstanding the medical certificate, deny or restrict the
passenger's transportation. (Sec. 382.23(d)).
H. Your Obligation To Provide Services and Equipment
Moving Through the Terminal Assistance
Terminal Entrance to Gate and Gate to Terminal Entrance
As a carrier, you must provide, or ensure the provision of,
assistance to a passenger with a disability in moving from the terminal
entrance through the airport to the gate for a departing flight or from
the gate to the terminal entrance if the passenger or someone on behalf
of the passenger requests such assistance or you offer and the
passenger with a disability accepts the assistance. This obligation
extends to a vehicle drop-off or pick-up point adjacent to the terminal
entrance and key functional areas of the terminal such as ticket
counters and baggage claim. This does not include satellite parking or
car rental drop-off areas that are not adjacent to the terminal
entrance.
Rest Room Stops
While providing assistance to a disabled passenger in going to,
from and between gates, a carrier must, upon request, make a brief stop
at the entrance to a rest room, including an accessible rest room when
requested, if such a stop is available on the route and the stop can be
made without unreasonable delay. (Sec. 382.91(b), (b)(1), and (b)(2)).
Luggage Assistance
As a carrier, you also must assist passengers who are unable to
carry their luggage because of their disability with transporting their
luggage for check-in at the ticket counter or gate, or as carry-on
aboard the aircraft. This obligation exists only if the passenger
requests such assistance and can make credible verbal assurances of his
or her inability to carry the item because of his or her disability. If
the passenger's verbal assurances are not credible, you may require the
passenger to produce documentation as a condition of providing the
service. (Sec. 382.91(d)).
Animal Relief Area Escort
At airports located in the United States, you must in cooperation
with the airport operator, provide for escorting a passenger with a
service animal to an animal relief area if the passenger requests.
(Sec. 382.91(c)). See Section D above.
Connecting Assistance
The arriving carrier (the one that operates the first of the two
flights that are connecting) is responsible for connecting assistance
for passengers with a disability moving within the terminal. As an
employee/contractor of the arriving carrier, on request, you must
provide assistance to a passenger with a disability in making flight
connections and providing transportation between gates. The arriving
carrier may mutually agree with the carrier operating the departing
connecting flight (the second flight of the two flights) that the
departing carrier will provide the connecting assistance. However, the
carrier operating the arriving flight is ultimately responsible for
ensuring that connecting assistance is provided to the passenger with a
disability. (Sec. 382.91(a)). This service must be provided regardless
of whether the passenger has a single ticket showing a connection or
has two separate tickets for the journey.
Boarding and Deplaning Assistance
If assistance with boarding or deplaning, making flight
connections, or transportation between gates is requested by or on
behalf of a passenger with a disability, or offered by carrier
personnel and accepted by the passenger, you must provide it.
More specifically, you must promptly provide, when needed and to
the extent required by law, the following:
Services personnel,
Ground wheelchairs,
Accessible motorized carts,
On-board wheelchairs,
Boarding wheelchairs, and/or
Ramps or mechanical lifts. (Sec. 382.95(a)).
At U.S. commercial service airports with 10,000 or more annual
enplanements, as a carrier, you must provide boarding assistance using
lifts or ramps where level-entry boarding and deplaning or accessible
passenger lounges are not otherwise available. (Sec. 382.95(b)). This
requirement applies to aircraft with a passenger seating capacity of 19
or more, with limited exceptions (float planes; Fairchild Metro;
Jetstream 31 and 32; Beech 1900C and 1900D; Embraer EMB-120; and any
other aircraft model the DOT determines unsuitable for boarding
assistance by lift, ramp, or other suitable device). (Sec. 382.97).
On-Board Wheelchair Requirements
Aircraft with more than 60 passenger seats having an accessible
lavatory must be equipped with an operable on-board wheelchair. The
Aerospatiale/Aeritalia ATR-72 and the British Aerospace Advanced
Turboprop (ATP) that have seating configurations between 60 and 70
passenger seats are exempt from this requirement. (Sec. 382.65(a)).
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,
Structurally sound handles for maneuvering the occupied
chair, and
Wheel locks or another adequate means to prevent chair
movement during transfer or turbulence. (Sec. 382.65(c)(1)).
[[Page 39819]]
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 by carrier personnel. (Sec. 382.65(c)(2)).
If the aircraft being used for the flight has more than 60
passenger seats but does not have an accessible lavatory, you must
provide an on-board wheelchair upon request for a passenger who can use
the inaccessible lavatory but cannot reach it from his or her seat
without the use of an on-board wheelchair. You may require the
passenger to provide up to 48 hours' advance notice and check in 1 hour
before the check-in time for the general public when requesting the on-
board wheelchair under these circumstances. (Sec. 382.65(b)) and
382.27(c)(7)).
Compliance Dates for On-Board Wheelchairs
Foreign carriers were required to meet the requirements for an on-
board wheelchair by May 13, 2010. U.S. carriers were required to meet
these requirements by May 13, 2009.
Assembly and Disassembly of Passenger's Wheelchairs
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. 382.129(a)).
In addition, 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.
I. Safety Assistants
Except under limited circumstances, you cannot require a passenger
with a disability to be accompanied by a safety assistant. (Sec.
382.29(a)). See Chapter 4, Section E, Safety Assistants, for a
discussion of the Part 382 requirements for a safety assistant.
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 Moving Through the Terminal and
Changing Airplanes
D. Accommodations for Air Travelers With Vision or Hearing
Impairments
E. Safety Assistants
A. Accessibility of Terminal Facilities and Services
Airports Located in the United States
Accessibility
All terminal facilities owned, leased, or controlled by carriers at
U.S. airports, must be readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs. (Sec.
382.51(a)(1)). For example, terminals must provide accessible intra-
and inter-terminal transportation systems, such as moving sidewalks,
shuttle vehicles, and people movers. (Sec. 382.51(a)(3)).
As a carrier, you must ensure that there is an accessible route
(one meeting the requirements of the Americans with Disabilities Act
Accessibility Guidelines (ADAAG)) between the gate and boarding area
when an accessible passenger lounge or other level entry boarding and
deplaning is not available to and from an aircraft. For example, there
must be an accessible path on the tarmac between the gate and the
aircraft when level-entry boarding is not available. (Sec.
382.51(a)(2)).
Animal Relief Areas
In cooperation with the airport operator and in consultation with
local service animal training organizations, you must provide animal
relief areas for service animals that accompany passengers departing,
connecting, or arriving at an airport on your flights. (Sec.
382.51(a)(5)).
The national and international service animal organizations below
have directories of training organizations on their Web sites that you
and the airport operator can use to find the nearest service animal
training organization. Such groups are often able to put airlines and
airports in touch with sources of the necessary technical expertise on
establishing relief areas.
American Dog Trainers Network. Web site address: http://
www.inch.com/~dogs/service.html.
Assistance Dogs International. Web site address: http://www.assistancedogsinternational.org/membersstatecountry.php.
If the Department's Aviation Enforcement Office received a
complaint alleging that an animal relief area was not available or not
being properly maintained, the carrier involved would ultimately be
responsible for ensuring these areas are available and maintained, with
respect to terminal facilities the carrier owns, leases or controls.
However, the actual establishment of the animal relief area, as well as
its maintenance, could be handled contractually with the airport
operator since several carriers could be using the same designated
animal relief area.
Relief Area Location. Although not specifically required by Part
382, you and the airport operator may wish to consider the benefits of
establishing animal relief areas both inside and outside the secure
area (for example, to accommodate passengers with short connection
times, to minimize time needed for escort service or passenger
convenience). In establishing animal relief areas inside the secure
area, you and the airport operator should coordinate closely with the
Transportation Security Administration (TSA) and the Customs and Border
Protection (CBP) offices serving the airport to ensure that the animal
relief area can be used consistent with TSA and CBP procedures.
Establishing a Relief Area. Factors to consider in establishing
relief areas include the size and surface material of the area,
maintenance, and distance to the relief area, which could vary based on
the size and configuration of the airport. The best solution based on
these factors could vary from airport to airport and therefore
involvement of all the stakeholder groups in the planning is critical
(for example, airline, airport, service animal training organization,
TSA, and CBP).
Considerations for designating and constructing areas safe for
humans and animals include:
(1) Designate relief areas solely for that purpose. This helps keep
the area free of hazards and distractions, and helps prevent the spread
of waste contamination.
(2) Establish relief areas that are:
(a) Accessible to passengers with all types of disabilities;
(b) Of a size adequate for larger dogs to use;
(c) Minimal travel distance to and from the gate for passengers
making connecting flights; and
(d) Equipped with adequate lighting to enhance usability and
security.
(3) Keep the area clean (for example, free of broken glass, bottle
caps, and trash). When feasible, the area should also be free of loud
noises and strong odors.
(4) Use a gravel or sand surface for relief areas. Gravel can be
disinfected adequately to reduce the chance of germs being spread
between animals or carried outside of the relief area.
(5) Install adequate drainage to allow cleaning by regularly hosing
down the relief area.
(6) Provide trash cans for waste disposal that are emptied
frequently.
[[Page 39820]]
Note: There is a requirement for carriers to consult with
service animal training organizations in establishing animal relief
areas. Where there is no local service animal training organization,
the Department of Transportation (DOT) would consider consultation
with a national or international service animal training
organization to satisfy the requirement.
You should advise passengers who request you provide them with
assistance to an animal relief area of the location of the animal
relief area. Additionally, if requested, it would be your
responsibility to accompany a passenger traveling with a service
animal to and from the animal relief area. The requirement to
provide animal relief areas was effective on May 13, 2009, for U.S.
carriers and May 13, 2010, for foreign carriers.
High-Contrast Captioning on Televisions and Other Audio-Visual Displays
You must enable captioning at all times on all televisions and
other audio-visual displays that are capable of displaying captions and
that are located in any portion of the terminal where passengers have
access. The captioning must be high contrast if feasible. (Sec.
382.51(a)(6)).
You must replace any televisions and other audio-visual displays
providing passengers with safety briefings, information, or
entertainment that do not have high-contrast captioning capability with
equipment that has such capability when you replace such equipment in
the normal course of operations and/or whenever areas of the terminal
in which such equipment is located are undergoing substantial
renovation or expansion. (Sec. 382.51(a)(7)). If you newly acquire
televisions and other audio-visual displays for passenger safety
briefings (for example, safety briefings on the location of airport
terminal emergency exists), information, or entertainment, on or after
May 13, 2009, this equipment must have high-contrast captioning
capability. (Sec. 382.51(a)(8)).
Compliance Dates
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. Carriers......................... You must meet the facility
accessibility requirements
described above at airports
located in the United States on
or after May 13, 2009, as
specified in this section.
Foreign Carriers...................... You must meet the facility
accessibility requirements
described above at airports
located in the United States by
May 13, 2010.
------------------------------------------------------------------------
(Sec. 382.51(c)).
Airports Located in a Foreign Country
The ADAAG requirements do not apply to foreign airports. However,
Part 382 contains a performance requirement to ensure that passengers
with a disability can readily use the facilities the carrier owns,
leases, or controls at the airport. (Sec. 382.51(b)). As a foreign
carrier, this requirement applies only at terminal facilities for
flights covered by the rule.
Moving Through the Terminal
You must ensure that a passenger with a disability is able to move
readily through the terminal facilities, to get to or from the gate and
any other area from which passengers board your carrier's aircraft.
This includes moving on the tarmac between the gate and the aircraft
when an accessible passenger lounge is not available, and moving to and
from an aircraft when level-entry boarding is not available. (Sec.
382.51(b)(1)). You may meet this obligation through any combination of
accessible facilities, auxiliary aids, equipment, the assistance of
personnel, or other means consistent with ensuring the safety and
dignity of the passenger (for example, lifting a passenger in a
boarding chair). (Sec. 382.51(b)(2)).
Compliance Dates
Foreign and U.S. carriers must have met the facility accessibility
requirements described above at foreign airports by May 13, 2010.
(Sec. 382.51(c)).
Restrictions
As a carrier, you must not subject passengers with disabilities to
restrictions that do not apply to other passengers unless otherwise
permitted for certain services such as the advance notice requirements
under Sec. 382.27. You must not--
(1) Restrict the movements of individuals with disabilities within
terminals;
(2) Require them to remain in a holding area or other location to
receive assistance, such as transportation, services, or
accommodations;
(3) Mandate separate treatment for individuals with disabilities
except as required or permitted under Part 382 or other applicable
Federal requirements; or
(4) Make passengers with disabilities wear badges or other special
identification (unless the passenger gives consent). (Sec. 382.33).
Automated Kiosks
If existing automated kiosks are inaccessible (for example, to
wheelchair users because of height or reach issues or to passengers
with vision impairments because of issues related to visual displays or
touch screens), as a carrier, you must provide equivalent service for
persons with disabilities who cannot use the kiosks for ticketing and
obtaining boarding passes. For example, you could allow a passenger who
cannot use the kiosk to come to the front of the line at the check-in
counter, or carrier personnel could meet the passenger at the kiosk and
help the passenger use the kiosk. (Sec. 382.57).
B. Security Screening for Air Travelers With a Disability
Security Screening for Passengers With a Disability Same as for Other
Passengers
All passengers including those with disabilities are subject to TSA
security screening requirements at U.S. airports. Passengers at foreign
airports, including those with disabilities, may be subject to security
screening measures required by the law of the country where the airport
is located. (Sec. 382.55(a)).
If, as a carrier, you want to go beyond mandated security screening
procedures, you must conduct the 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 a mobility aid or
other assistive device used for independent travel to a special
screening procedure if the passenger and the aid or assistive device
clears security without activating the security system. (Sec.
382.55(b)(2)).
Screening Mobility Aid or Assistive Device
Your security personnel may examine a mobility aid or assistive
device if, in their 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 may conduct the security search of
the passenger with a disability in the same manner as you would for
other passengers who activate the system. (Sec. 382.55(b)(2)(ii)).
[[Page 39821]]
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. (Sec.
382.55(b)(3)). 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. 382.55(c)). If you
use technology 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. 382.55(d)).
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,
including your carrier's Complaints Resolution Official (CRO), in
making such a decision.
C. Air Travelers With a Disability Moving Through the Terminal and
Changing Airplanes
Moving Through the Terminal (Terminal Entrance to Gate and Gate to
Terminal Entrance)
As a carrier, you must provide, or ensure the provision of,
assistance to a passenger with a disability in moving from the terminal
entrance through the airport to the gate for a departing flight or from
the gate to the terminal entrance if the passenger or someone on behalf
of the passenger requests such assistance or you offer and the
passenger with a disability accepts the assistance. This obligation
extends to a vehicle drop-off or pick up point adjacent to the terminal
entrance and key functional areas of the terminal such as ticket
counters and baggage claim. This does not include satellite parking or
car rental drop-off areas that are not adjacent to the terminal
entrance.
While providing assistance to a disabled passenger in going to,
from and between gates, a carriers must, upon request, make a brief
stop at the entrance to a rest room, including an accessible rest room
when requested, if such a stop is available on the route and the stop
can be made without unreasonable delay. (Sec. 382.91(b), (b)(1), and
(b)(2)).
As a carrier, you also must assist passengers who are unable to
carry their luggage because of their disability with transporting their
luggage for check-in at the ticket counter or gate, or as carry-on
aboard the aircraft. This obligation exists only if the passenger
requests such assistance and can make credible verbal assurances of his
or her inability to carry the item because of his or her disability. If
the passenger's verbal assurances are not credible, you may require the
passenger to produce documentation as a condition of providing the
service. (Sec. 382.91(d)).
At airports located in the United States, you must in cooperation
with the airport operator, provide for escorting a passenger with a
service animal to an animal relief area if the passenger requests.
(Sec. 382.91(c)).
Connecting Assistance
The arriving carrier (the one that operates the first of the two
flights that are connecting) is responsible for connecting assistance
for passengers with a disability moving within the terminal. As an
employee/contractor of the arriving carrier, on request, you must
provide assistance to a passenger with a disability in making flight
connections and providing transportation between gates. The arriving
carrier may mutually agree with the carrier operating the departing
connecting flight (the second flight of the two flights) that the
departing carrier will provide the connecting assistance. However, the
carrier operating the arriving flight is ultimately responsible for
ensuring that connecting assistance is provided to the passenger with a
disability. (Sec. 382.91(a)). This service must be provided regardless
of whether the passenger has a single ticket showing a connection or
has two separate tickets for the journey.
When needed and to the extent required by law, you must provide the
services of personnel, and the use of ground wheelchairs, accessible
motorized carts, boarding wheelchairs, and/or onboard wheelchairs, and
ramps or mechanical lifts. This requirement is discussed in more detail
in Chapters 3 and 5. (Sec. 382.95(a)).
Note: A carrier and its contractors must not leave a passenger
with a disability who has requested assistance unattended in a
wheelchair or other device in which the passenger is not
independently mobile for more than 30 minutes. This requirement
applies even if another person such as a family member or personal
care attendant accompanies the passenger unless the passenger with a
disability clearly waives this obligation. (Sec. 382.103)).
Example 1: 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 his connecting flight. What should
you do?
Because the arriving carrier is responsible for providing
transportation to a passenger with a disability to the gate of his
connecting flight, you must provide timely assistance so he makes it
to his connecting flight. In addition, you should keep in mind that
you cannot leave the passenger unattended for more than 30 minutes
in a wheelchair or other device if the passenger is not
independently mobile. For purposes of section 382.103, a person who
is not independently mobile is a person who would not be able to get
up from the wheelchair and maneuver to areas of the terminal such as
the restroom or a food service provider without mobility assistance.
As a matter of good customer service, you should treat the passenger
with courtesy and respect throughout this process.
Example 2: As an arriving air carrier, you provide connecting
assistance to a passenger with a disability to the departing
carrier's gate. Upon arrival at the departing carrier's gate, you
and the passenger find there is no staff at any of the gates yet.
What should you do?
If the departing carrier has no staff at any of its gates in
that terminal at the time the passenger is brought there (for
example, if the passenger missed the second flight because the first
flight was delayed), you should advise the passenger of this fact
and offer to take the passenger to a staffed location such as the
departing carrier's ticket counter, or office location. You should
not leave the passenger at an unstaffed gate unless he or she has
agreed.
If no departing carrier staff can be located, you should advise
the passenger of this fact. If the passenger asks to be taken to the
terminal entrance or motor vehicle pickup point (for example, to go
to a hotel) you must take the passenger to the terminal entrance or
pickup point. If the passenger wishes to remain at the airport, your
obligation to an ambulatory passenger ends. For a nonambulatory
passenger, you are subject to Sec. 382.103, which states that a
carrier must not leave a passenger who has requested connecting
assistance unattended in a wheelchair or comparable device, in which
the passenger is not independently mobile, for more than 30 minutes.
In that situation, you must take the passenger to one of your
staffed locations, or at a minimum, you must check on the passenger
at least every 30 minutes. Your obligation to provide connecting
assistance ends 12 hours after you began the connecting assistance
for that passenger, or when the airport closes, or when your
carrier's operations at that airport end, whichever comes first.
D. Accommodations for Air Travelers With Vision or Hearing Impairments
U.S. Carriers
As a U.S. carrier, you must ensure that passengers with a
disability, including those who identify themselves as persons needing
visual or hearing assistance, receive prompt access to the same
information that you provide to other passengers at each gate,
ticketing area, and customer service desk that you own, lease, or
control at any U.S. or foreign airport. In this context, ``prompt''
means that you must provide this information to passengers
[[Page 39822]]
with vision or hearing impairments as close as possible to the time
that the information is transmitted to the general public. However, you
are not required to provide information if it would interfere with
employee safety and security duties under applicable Federal Aviation
Administration (FAA) and foreign government regulations. (Sec.
382.53(a)(1)).
This requirement applies to a wide variety of areas such as--
Flight safety,
Ticketing,
Flight check-in,
Flight delays or cancellations,
Schedule changes,
Boarding information,
Connections,
Gate assignments,
Claiming baggage,
Volunteer solicitation on oversold flights (for example,
offers of compensation for surrendering a reservation),
Individuals being paged by airlines,
Aircraft changes that affect the travel of persons with
disabilities, and
Emergencies (for example, fire, bomb threat) in the
terminal. (Sec. 382.53(b)).
Foreign Carriers
As a foreign carrier, you must make the same information listed in
the section above available to passengers with a disability, including
those who identify themselves as needing visual or hearing assistance,
at each gate, ticketing area, and customer service desk that you own,
lease, or control at any U.S. airport.
At foreign airports, you must make this information available only
at gates, ticketing areas, or customer service desks that you own,
lease, or control and only for flights that begin or end in the United
States. (Sec. 382.53(a)(2)).
Claiming Baggage
As a carrier, you must provide information on claiming baggage to
passengers who identify themselves as persons needing visual or hearing
assistance no later than you provide this information to other
passengers. (Sec. 382.53(c)). For example, if you provide information
on baggage collection to arriving passengers at the baggage claim area,
you can comply with this requirement by giving the information to self-
identifying passengers onboard the aircraft or at the gate.
TTY (Text Telephone)
U.S. Carriers
As a U.S. carrier, if you provide a telephone reservation and
information service to the public, you must make that service available
to individuals who use a TTY (by your own TTY, voice relay (real time
text streaming to an Internet connected computer), or other available
technology) to permit individuals with hearing impairments to obtain
this information. See also Chapter 3, Section E, Accommodations for Air
Travelers with Hearing Impairments.
You must make access to the telephone reservation and information
service available to TTY users during the same hours as the telephone
service is available for the general public. The same wait time and
surcharges must apply to TTY users as for non-TTY users of the
telephone information and reservation service. In addition, you must
ensure that the response time for answering calls and the level of
service provided to TTY users is substantially equivalent to the
response time and level of service provided to non-TTY users. These
requirements ensure that passengers with hearing impairments are on a
substantially equivalent footing with the rest of the public in their
ability to communicate with carriers about information and reservations
by telephone. (Sec. 382.43(a)(1)-(3)).
If you list the telephone number of your information and
reservation service for the general public, you must list your TTY
number if you have one. If you do not have a TTY number, you must state
how TTY users can reach your information and reservation service for
example using a voice relay service. The media used to state these
information and reservation services may include Web sites, ticket
jackets, telephone books, and print advertisements. (Sec.
382.43(a)(4)).
The TTY or similar technology also must be available if the
passenger with a hearing impairment wishes to contact a CRO. (Sec.
382.151(b)). You should be familiar with the use of the TTY or similar
technology and its locations 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 in
the United States (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. (http://www.fcc.gov/cgb/consumerfacts/711.html).
Example: A passenger with a hearing impairment 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 with a hearing impairment
communicates. When communicating, try to use the same method, for
example, speaking slowly, communicating in writing or with the
assistance of an aid or device. Try to find out what happened and
what information she missed by communicating in an accessible
manner.
You may also consult with a CRO 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
crewmembers to ensure that the transmittal of information onboard
the aircraft is accessible to this passenger.
Foreign Carriers
As a foreign carrier, you must have met the TTY requirements that
apply to U.S. carriers and described above in this section by May 13,
2010. (Sec. 382.43(a)(5)). However, these requirements apply only with
respect to information and reservation services for flights that begin
or end at a U.S. airport. TTY services apply only with respect to
flights for which reservation telephone call from the United States are
accepted.
Exception
The TTY requirements do not apply to carriers in any country in
which the telecommunications infrastructure does not readily permit
compliance. (Sec. 382.43(b)).
E. Safety Assistants
You should know that you must not require a passenger with a
disability to be accompanied by another person in order to travel
unless you determine that a safety assistant is essential for safety.
(Sec. 382.29(a) and (b)). Similarly, 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 (for example, assistance in eating, assistance within the
lavatory, or provision of medical services (Sec. 382.113), you must
not require the passenger with a disability to travel with a safety
assistant or personal care attendant except in the circumstances
described below. (Sec. 382.29(f)).
[[Page 39823]]
Safety Considerations May Necessitate a Safety Assistant
In the interest of safety, you may require that a passenger with a
disability travel with a safety assistant if the passenger is--
Traveling on a stretcher or in an incubator (where such
service is offered);
Because of a mental disability is unable to comprehend or
respond appropriately to safety instructions including the safety
briefing;
Severely mobility impaired and would be unable to assist
in the passenger's own evacuation from the aircraft; or
Severely hearing and vision impaired such that the
passenger could not adequately communicate with airline employees with
regard to the safety briefing and assist in his or her evacuation in
the event of an emergency. (Sec. 382.29(b)(1) through (b)(4)).
Carrier Contends That Attendant Is Required for Safety Reasons and
Passenger Disagrees
If after careful consultation with a CRO and any other personnel
you are required to consult, you determine that a passenger with a
disability must travel with a safety assistant for one of the reasons
described in Sec. 382.29(b) (see list above), then you may require
that the passenger be accompanied by a safety assistant. If your
decision differs from the self-assessment of the passenger with a
disability, then you must not charge for the transportation of the
safety assistant. (Sec. 382.29(c))(1)). In addition, if a seat is not
available on the flight for the safety assistant whom you have
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. 382.29(d)). For purposes of determining whether a
seat is available for a safety assistant, you must consider the
assistant to have checked in at the same time as the passenger with a
disability. (Sec. 382.29(e)).
In the event you choose to recruit a safety assistant to accompany
the passenger with a disability, even though carriers are not obligated
to do so (Sec. 382.29(c)(1)), you may ask--
(1) An off-duty airline employee traveling on the same flight to
function as the safety assistant;
(2) A volunteer from among the other customers traveling on the
flight and offer compensation, such as a free ticket, for their
assistance; or
(3) The passenger with a disability to provide his or her own
safety assistant and you must offer a free ticket to that assistant.
If the safety assistant is accompanying a passenger traveling on a
stretcher or in an incubator, the assistant must be capable of
attending to the passenger's in-flight medical needs. (Sec.
382.29(b)(1)). Otherwise, the purpose of the assistant is to assist the
passenger with a disability in an emergency evacuation. Other than the
situation described above when a safety assistant is accompanying a
passenger who is on a stretcher or in an incubator, the assistant 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 \13\ 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?
---------------------------------------------------------------------------
\13\ Quadriplegia means the inability to move all four limbs or
the entire body below the neck.
---------------------------------------------------------------------------
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 a safety
assistant must accompany the passenger. 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 a safety assistant.
If, after speaking with the passenger, you and the CRO determine
that a safety assistant must accompany him because of his severe
mobility impairment, you should explain this requirement to the
passenger. Next, at the carrier's option you can explain that he can
choose someone to serve as his safety assistant or you can assist
him by recruiting an off-duty employee or another passenger on the
flight to serve as his safety assistant. You must not charge for the
transportation of the safety assistant if selected by the passenger
who is disabled. You also should explain that the purpose of the
safety assistant is to assist in the case of an emergency
evacuation.
Passenger With a Disability Voluntarily Chooses To Travel With a
Personal Care Attendant or Safety Assistant
If a passenger with a disability chooses to travel with a personal
care attendant or safety assistant that you, the carrier, do not
require, or you feel that the passenger requires a safety assistant and
the passenger agrees, then you may charge for the transportation of
that attendant or assistant. (Sec. 382.29(c)(3)).
Advance Notice Requirements for Individuals With Both Severe Hearing
and Vision Impairment
As a carrier, you may require a passenger with both a severe
hearing and vision impairment who wishes to travel without a safety
assistant to notify you at least 48 hours in advance. However, you
still must accommodate the passenger to the extent practicable even if
the passenger fails to meet the 48-hour advance notice requirement.
(Sec. 382.29(b)(4)).
You may require an individual with a severe hearing and vision
impairment to travel with a safety assistant if you determine that the
means of communication that the individual plans to use with you does
not (1) satisfy the communication objectives for a safety briefing
contained in Part 382 or (2) enable the individual to assist in his or
her own evacuation. You also may require the individual with a severe
hearing and vision impairment to travel with a safety assistant if the
individual proposes to communicate by finger spelling and you cannot
within the time following the individual's notification arrange for the
availability on the passenger's flight of a flight crewmember who can
communicate using this method. (Sec. 382.29(c)(2)).
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 Assistive Devices
E. Services and Information Provided in the Cabin
F. Safety Briefings
A. Aircraft Accessibility
Aircraft Accessibility Features
To assist passengers with a disability, it is important for you to
understand how aircraft have been made accessible to accommodate those
passengers. You should be aware that Part 382 addresses the following
features depending on the size of the aircraft:
Movable aisle armrests,
Priority stowage space for passenger wheelchairs,
Accessible lavatories,
[[Page 39824]]
On-board wheelchairs, and
New in-flight audio-visual services.
Each of these features is discussed separately in detail below.
Movable Aisle Armrests
Aircraft with 30 or more passenger seats must be equipped with
movable aisle armrests on at least one-half of the aisle seats in rows
in which passengers with mobility impairments are permitted to sit
under Federal Aviation Administration (FAA) or applicable foreign
safety regulations (Sec. 382.61(a)), and you are not required to
provide movable armrests on aisle seats of rows in which a passenger
with a mobility impairment is not allowed to use by an FAA safety
regulation. (Sec. 382.61(b)).
You must configure aircraft cabins or establish an administrative
system to ensure that passengers with a disability can readily identify
and obtain seating in rows with movable aisle armrests. You must
provide this information to passengers by specific seat and row number.
(Sec. 382.61(d))
Note: The revised rule removes the infeasibility provision
prescribed in old Sec. 382.21(a)(1)(ii). Therefore, carriers can no
longer claim it is not feasible to install movable armrests on aisle
seats in which the carrier has chosen to install, for example,
integrated food trays, controls for in-flight video systems, etc.
(1) Seat Ratio
Movable aisle armrests must be provided proportionately in all
classes of service in the aircraft cabin. (Sec. 382.61(c)).
Example: If 80 percent of the aisle seats in which passengers
with mobility impairments may sit are in economy/coach class, and 20
percent are in first class, then 80 percent of the movable aisle
armrests must be in economy/coach class, with 20 percent in first
class.
However, if the seats without a movable aisle armrest in a given
class of service can be accessed by a passenger using a wheelchair
by horizontally transferring the passenger from a boarding
wheelchair to the aircraft seat without lifting the passenger over
the aisle armrest or other obstacle, a carrier may request an
equivalent alternative determination.
(2) Replacement Seats
As a carrier, you are not required to retrofit cabin interiors of
existing aircraft to include movable aisle armrests. However, when you
remove aisle seats on existing aircraft and replace them with newly
manufactured seats, one-half of the replacements seats must have
movable armrests. (Sec. 382.61(e)).
Example: As a carrier, if you replace four aisle seats with
newly manufactured seats, then two of these seats must have movable
armrests. If you are replacing an odd number of seats, a majority of
the newly manufactured aisle seats installed must have movable
armrests. If you replace five aisle seats with newly manufactured
seats, at least three of the newly manufactured aisle seats must
have movable armrests. However, you are not required to have more
than 50 percent of the aisle armrests in the cabin be moveable.
Suppose your aircraft has 40 aisle seats, 20 of which have movable
armrests, and you decide to replace 5 aisle seats that do not have
movable armrests with newly manufactured seats. These new seats do
not have to include movable armrests.
3. Compliance Dates
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. Carrier.................. Movable aisle You must meet the
armrests. requirements for
movable aisle
armrests, except for
the seat ratio
requirement, for all
new aircraft you
operate that were
initially ordered
after April 5, 1990,
or delivered after
April 5, 1992.
-----------------------------------------
Replacement aisle You must meet this
seats. requirement for all
new aircraft you
operate that were
initially ordered
after April 5, 1990,
or delivered after
April 5, 1992.
-----------------------------------------
Seat ratio....... You must meet these
requirements for new
aircraft you operate
that were initially
ordered after May
13, 2009, or are
delivered after May
13, 2010. (Sec.
382.61(f)).
-----------------------------------------
Foreign Carrier............... Movable aisle You must meet these
armrests. requirements, except
with respect to
replacement aisle
seats discussed
above, for new
aircraft you operate
that were initially
ordered after May
13, 2009, or are
delivered after May
13, 2010. (Sec.
382.61(f)).
Seat ratio.......
-----------------------------------------
Replacement aisle You must meet the
seats. requirement
regarding
replacement aisle
seats for seats
ordered after May
13, 2009. (Sec.
382.61(g)).
------------------------------------------------------------------------
Priority Storage Space for Passenger Wheelchairs
(1) Aircraft With 100 or More Passenger Seats
You must have a priority storage space in the cabin to stow at
least one typical adult-sized folding, collapsible, or break-down
manual wheelchair. This priority storage space must be at least 13
inches by 36 inches by 42 inches (13 x 36 x 42) to allow storage of the
wheelchair without removing its wheels or disassembling the wheelchair.
(Sec. 382.67(a)). Priority storage space for a passenger's wheelchair
in the cabin is important for two reasons. It is often more convenient
for a passenger to have a wheelchair close by when he or she leaves the
aircraft and to be able to get as close as possible to the aircraft
door for boarding. In addition, passengers with disabilities have the
same concerns as other passengers about the loss of or damage to their
property when it is checked.
The priority storage space for a passenger's wheelchair must be in
addition to the normal under seat and overhead compartment storage
available for carry-on items. (Sec. 382.67(b)). In addition, if you
use a closet or other storage area for stowing the passenger's
wheelchair, the wheelchair has priority over other possible uses
including passenger bags and crewmember luggage.
You should be aware that this requirement for priority space to
stow a passenger's manual wheelchair is in addition to requirements you
may have to carry an onboard wheelchair as discussed below. (Sec.
382.65).
Note: Carriers are not required to carry electric wheelchairs in
the cabin.
(2) Compliance Dates
[[Page 39825]]
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. Carrier...................... You must meet the priority stowage
space requirement for new aircraft
you operate ordered after April 5,
1990, or delivered after April 5,
1992.
------------------------------------------------------------------------
Foreign Carrier................... You must meet the priority stowage
space requirement for new aircraft
ordered after May 13, 2009, or
delivered after May 13, 2010.
------------------------------------------------------------------------
Accessible Lavatories
(1) Aircraft With More Than One Aisle
Aircraft with more than one aisle that are equipped with lavatories
must have at least one lavatory accessible to passengers with a
disability. This accessible lavatory must allow the passenger to enter
the lavatory, maneuver within it and use all of its facilities, and
leave the lavatory using the aircraft's on-board wheelchair. The
accessible lavatory must afford privacy to persons using the on-board
wheelchair equivalent to that afforded ambulatory persons. The lavatory
must include door locks, accessible call buttons, grab bars, faucets
and other controls and dispensers usable by passengers with a
disability including wheelchair users and persons with manual
impairments. (Sec. 382.63(a)).
You are not required to retrofit aircraft with accessible
lavatories. However, if you replace an inaccessible lavatory on an
existing twin-aisle aircraft, you must install an accessible lavatory.
(Sec. 382.63(c)).
(2) Aircraft With One Aisle
You are not required, but may provide, an accessible lavatory on
aircraft with only one aisle. (Sec. 382.63(b)).
You are not required to retrofit aircraft with one aisle with
accessible lavatories. (Sec. 382.63(c)).
(3) Compliance Dates
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. Carrier...................... You must meet all of the accessible
lavatory requirements for new
aircraft you operate that were
initially ordered after April 5,
1990 or delivered after April 5,
1992. (Sec. 382.63(d) and (e)).
Foreign Carrier................... You must meet the requirement for an
accessible lavatory for new
aircraft you operate that were
initially ordered after May 13,
2009 or delivered after May 13,
2010. (Sec. 382.63(d)).
However, beginning May 13, 2009, if
you replace an inaccessible
lavatory on an existing
twin[dash]aisle aircraft you must
install an accessible lavatory.
(Sec. 382.63(e)).
------------------------------------------------------------------------
On-Board Wheelchairs
(1) Aircraft With More Than 60 Passenger Seats With an Accessible
Lavatory
You must provide an on-board wheelchair if the aircraft has an
accessible lavatory. You must meet this requirement whether or not an
accessible lavatory is required as discussed above. However, the
Aerospatiale/Aeritalia ATR-72 and the British Aerospace Advanced
Turboprop (ATP) configured with between 60 and 70 passenger seats are
exempt from this requirement. (Sec. 382.65(a)).
(2) Aircraft With More Than 60 Passenger Seats With an Inaccessible
Lavatory
Some passengers with limited mobility may be able to use an
inaccessible lavatory on their own but may need assistance to the
lavatory in an on-board wheelchair. Therefore, in an aircraft with more
than 60 passenger seats and an inaccessible lavatory, you must provide
an on-board wheelchair if a passenger with a disability informs you
that he or she is able to use an inaccessible lavatory but cannot reach
the lavatory from a seat without the use of an on-board wheelchair. You
may require the passenger to provide up to 48 hours' advance notice and
check-in 1 hour before the check-in time for the general public to
receive this service. (Sec. Sec. 382.65(b) and 382.27(c)(7)).
In summary, with respect to all aircraft with more than 60
passenger seats, regardless of the age of the aircraft, you must
provide an on-board wheelchair if--
(1) The aircraft has an accessible lavatory, or
(2) A passenger with a disability gives up to 48 hours' notice that
the passenger can use an inaccessible lavatory. (Sec. 382.65)(b).
You should be aware that if a particular aircraft is required to
have an on-board wheelchair and a storage space within the cabin for at
least one passenger's manual folding wheelchair, that aircraft must
have storage spaces for both of these wheelchairs and must accommodate
both of these wheelchairs.
(3) Compliance Dates
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. Carrier...................... You must have met the on[dash]board
wheelchair requirements by May 13,
2009.
------------------------------------------------------------------------
Foreign Carrier................... You must have met the on[dash]board
wheelchair requirements by May 13,
2010.
------------------------------------------------------------------------
New In-Flight Audio-Visual Services
(1) High-Contrast Captioning
As a carrier, you must ensure that all new videos, DVDs, and other
audio-visual displays used on the aircraft for safety and informational
purposes are high-contrast captioned. This requirement, however, does
not apply to informational audio-visual displays that were not created
under your control. (Sec. 382.69(a)). The Department of Transportation
(DOT) considers audio-visual displays as being created under your
control even if a contractor or other third party produces the display
as long as you have significant editorial control or approval of the
video's content. The use of the word ``new'' means that you are not
required to replace or retrofit existing audio-visual displays.
``High-contrast captioning'' means captioning that is at least as
easy to read as white letters on a consistent black background. (Sec.
382.3). The captioning must be in the predominant language or languages
that you use to communicate with passengers on the flight. If you
communicate in more than one language on the flight (for example,
French and English on a Canadian carrier), the captioning must be in
all of these languages. (Sec. 382.69(a)).
[[Page 39826]]
(2) Compliance Dates
As a U.S. or foreign carrier, you must have met the high-contrast
captioning requirement with respect to audio-visual displays used for
safety purposes by November 10, 2009. (Sec. 382.69(b)). The captioning
requirement with respect to informational displays was effective
January 8, 2010. (Sec. 382.69(d)).
Maintaining Accessibility and Replacing or Refurbishing the Aircraft
Cabin
You must maintain aircraft accessibility features in proper working
order. (Sec. 382.71(a)). In addition, any replacement or refurbishing
of the aircraft cabin must not reduce existing accessibility to a level
below that required under Part 382 for new aircraft. (Sec. 382.71(b))
. As discussed above, if you replace an inaccessible lavatory on an
existing twin-aisle aircraft, you would have to install an accessible
lavatory, unless the aircraft is already equipped with another
accessible lavatory. (Sec. 382.63(c)). If you remove aisle seats on
existing aircraft and replace them with newly manufactured seats, one-
half of the replacements aisle seats must have movable armrests. (Sec.
382.61(e)).
B. Seating Assignments and Accommodations
Only Safety Affects Seat Assignments
You must not exclude a passenger with a disability from any seat or
require a passenger with a disability to sit in a particular seat based
on the passenger's disability, except to comply with FAA or foreign
government safety requirements. (Sec. 382.87(a)). If a passenger's
disability results in an involuntary active behavior that would result
in you properly refusing to provide the passenger transportation under
Sec. 382.19 and the passenger could be transported safely if seated in
another location, you must offer the passenger that particular seat
location as an alternative to refusing to provide the passenger
transportation. (Sec. 382.87(c)).
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 himself as a passenger with a disability, and
presents brochures explaining the disability to the agent. What
should you do?
If 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
crewmembers involuntarily, safety considerations could require that
he be seated in his own row, if available, as an alternative to you
refusing to provide the passenger transportation. However, if the
physical and/or verbal manifestations of this passenger's Tourette's
syndrome jeopardize the safety of others it might create a safety
concern. For example, if the passenger with Tourette's syndrome
involuntarily touches or strikes other passengers or crewmembers, or
the passenger is yelling ``fire'' or yelling continuously.
Continuous yelling could hinder other passengers from hearing
important crewmember announcements. Therefore, refusing to provide
the passenger with transportation could be appropriate.
Although the passenger's conduct may create an uncomfortable
experience for other passengers, if the involuntary behavior is only
an annoyance and not a safety concern, you must not restrict the
passenger with Tourette's syndrome from any seating assignment.
Required Seating Accommodations for Passengers With Disabilities--Four
Specific Situations
If a passenger self-identifies as a passenger with a disability,
there are four specific situations where you must provide a particular
seating accommodation. You must meet this requirement for passengers
who self-identify as having certain qualifying disabilities if the
passenger requests the accommodation and the type of seating
accommodation requested exists on the particular aircraft. (Sec.
382.81). The four situations are as follows:
(1) Moveable armrests. 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. You
must train your personnel in the location and proper use of the movable
aisle armrests, including appropriate transfer techniques. In addition,
you must ensure that aisle seats with movable armrests are clearly
identifiable. (Sec. 382.81(a)).
Note: Some carriers that have requested and been granted
equivalent alternative determination approvals for the movable
armrest requirement have training requirements stated in the grant
of approval that exceed those required under Part 382.
(2) Adjoining seats. You must provide an adjoining seat for a
person assisting a passenger with a disability if the passenger is--
Traveling with a personal care attendant who will be
performing functions during the flight that airline personnel are not
required to perform (for example, assistance with eating); (Sec.
382.81(b)(1))
Visually impaired and traveling with a reader/assistant
who will be performing functions for the passenger during the flight;
(Sec. 382.81(b)(2))
Hearing impaired and traveling with an interpreter who
will be performing functions for the passenger during the flight;
(Sec. 382.81(b)(3)) and
Traveling with a safety assistant that you have required
under Sec. 382.29. (Sec. 382.81(b)(4)).
(3) Service animal. If the passenger with a disability is traveling
with a service animal, you must provide either a bulkhead seat or a
seat other than a bulkhead seat, depending on the passenger's request.
(Sec. 382.81(c)).
Note: A passenger traveling with a service animal would not be
permitted to sit in the bulkhead seat if that seat is located in an
emergency exit row. (14 CFR 121.585).
(4) Fused or immobilized leg. If the passenger has a fused or
immobilized leg (that is, an inability to bend the leg as opposed to a
passenger whose legs are paralyzed but which can bend at the knees),
you must provide a bulkhead seat or other seat with more legroom than
other seats on the side of the aisle that best accommodates the
passenger's disability. (Sec. 382.81(d)).
Seat Assignment Methods
The type of seat assignment method your carrier uses will determine
how you are to provide appropriate seating accommodations. 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 use either the
block seating method or the priority seating method to provide the
seating accommodations discussed above. (Sec. 382.83(a)).
Block Seating Method
Carriers may block an adequate number of seats to be used by
passengers who meet the requirements of Sec. 382.81. (Sec.
382.83(a)(1)). If your carrier employs the block method, you must not
assign these ``blocked seats'' to passengers other than the types of
passengers entitled to the accommodation until 24 hours before the
scheduled departure of the flight. (Sec. 382.83(a)(1)(i)). At any time
up until 24 hours before the scheduled departure of the flight, you
must assign a blocked seat to any passenger who qualifies for such a
seating accommodation. (Sec. 382.83(a)(1)(ii)).
If a passenger with a disability who is entitled to a seating
accommodation listed above does not make a request for the
accommodation at least 24 hours before the scheduled departure of the
flight, you must provide the requested seating accommodation to the
extent
[[Page 39827]]
practicable, but you are not required to reassign a seat already
assigned to another passenger to do so. (Sec. 382.83(a)(1)(iii)).
Example: A passenger with a service animal calls and speaks to
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. Because
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 the flight, you must provide the bulkhead seat to the
passenger and the service animal if available, but you are not
required to reassign a bulkhead seat already assigned to another
passenger.
Note: Part 382 requires carriers to block an adequate number of
bulkhead seats for passengers with a fused or immobilized leg or a
passenger traveling with a service animal. DOT's Office of Aviation
Enforcement and Proceedings has interpreted ``adequate'' to mean,
for example, (in the context of bulkhead seating) that if an
aircraft has six total bulkhead seats, three on each side separated
by the main aisle, an ``adequate'' number of bulkhead seats that
must be blocked would be at least two of the six bulkhead seats.
Priority Seating Method
Carriers may designate an adequate number of priority seats for
passengers with a disability who meet the requirements of Sec. 382.81.
(Sec. 382.83(a)(2)). Carriers that have chosen to use this seating
method must provide notice to any passenger assigned to a priority seat
(other than a passenger with a disability listed in Sec. 382.81) that
he or she may be reassigned to another seat if necessary to provide a
seating accommodation required under Part 382. (Sec. 382.83(a)(2)(i)).
A carrier may provide this potential reassignment notice through--
Its computer reservation system,
Verbal information provided by reservations personnel,
Ticket notices,
Gate announcements,
Counter signs,
Seat cards or notices,
Frequent-flyer literature, or
Other appropriate means. (Sec. 382.83(a)(2)(ii)).
You must assign a ``priority seat'' to a passenger with a
disability entitled to such accommodation at the time the passenger
requests the accommodation. A carrier may require that the passenger
check in and request the seating accommodation at least 1 hour before
the standard check-in time for the flight. (The purpose for this
advance check-in is to allow carriers sufficient time to conduct any
seat reassignment that this method sometimes requires.) If all of the
designated priority seats have been assigned to other passengers who do
not have qualifying disabilities, you must reassign the seats of the
other passengers to accommodate the passenger with a disability
entitled to the seating accommodation. (Sec. 382.83(a)(2)(iii)).
If a passenger with a disability who is entitled to a seating
accommodation does not check in at least 1 hour before the standard
check in time for the general public, you must provide the requested
seating accommodation, to the extent practicable, but you are not
required to reassign a seat assigned to another passenger to do so.
(Sec. 382.83(a)(2)(iv)).
Example: A passenger with an immobilized leg requests a bulkhead
seat and checks in 2 hours before the standard check-in time for the
general public. Your carrier employs the ``priority'' seating method
and has designated two of the six bulkhead seats on the aircraft as
priority seating. The four non-priority bulkhead seats have been
previously assigned to passengers without any disabilities. One of
the two priority bulkhead seats has already been assigned to a
passenger traveling with a small service animal who requested the
seating accommodation and checked in at least 1 hour before the
standard check-in time for the general public. The second priority
bulkhead seat has been assigned to a passenger who also checked in 2
hours before the flight and who uses an aisle chair to board but
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 board should have
received notice that he has been assigned a ``priority'' seat.
Because that passenger does not have a fused or immobilized leg or
is not traveling with a service animal, the passenger is not
automatically entitled to a ``priority'' bulkhead seat. (However,
that passenger would be entitled to a ``priority'' seat in a row
with a movable armrest if he or she requested such a seat and
checked in at least 1 hour before the standard check-in time for the
flight.) The passenger using the aisle chair to board should have
been notified that you might have to reassign his 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 1 hour before the standard check-in time for the
flight. Therefore, the passenger using the aisle chair should be
reassigned to a seat in a row with a movable armrest and the
passenger with the immobilized leg should be assigned to the second
``priority'' bulkhead seat.
Seat Assignment Only on the Day of Flight
If a carrier does not provide seat assignments until the day of the
flight, the carrier must use the priority seating method for passengers
with a disability who meet one of the four criteria described in Sec.
382.81. (Sec. 382.83(b)).
No Advance Seat Assignments (Use the Preboarding Method)
If your carrier does not provide advance seat assignments including
the ability to pay for a seat in advance,\14\ you must allow passengers
who identify themselves as passengers with a disability in need of a
seating accommodation to preboard before all other passengers,
including other passengers entitled to preboard, and select the seats
that best meet their needs. (Sec. 382.83(c)).
---------------------------------------------------------------------------
\14\ If a carrier allows passengers to pay for advance seating,
the carrier must use either the block or priority seating method.
---------------------------------------------------------------------------
Other Possible Seating Methods
If your carrier wishes to use a method of assigning seats to
passengers with disabilities other than one of the methods provided for
in Subpart F of Part 382, it must receive written approval from DOT.
(Sec. 382.83(d)).
Seating Accommodations for Passengers With a Disability--Other Than One
of Those Specifically Discussed Above
Carriers are also required to provide seating accommodations for
passengers who self-identify as having a disability other than one
involving any of the four criteria discussed above, and who need a
particular seat to ``readily access and use'' the carrier's services.
(Sec. 382.85). (This is referred to as the catchall category).
Carriers should evaluate a passenger's request for a seating
accommodation covered by the catchall category based on a case-by-case
analysis of the nature of the passenger's specific disability and the
extent to which that disability necessitates the requested seating
accommodation for the passenger to readily access the aircraft.
For example, if a passenger self-identified as being deaf or
diabetic and requested a bulkhead seat assignment, a carrier would not
be required to assign such a passenger to a bulkhead seat because the
passenger is able to readily able to use a seat other than in a
bulkhead row. On the other hand, a very large non-ambulatory passenger
boarding with an aisle wheelchair whose size makes it very difficult
for
[[Page 39828]]
him to fit down the main aisle would probably be entitled to an
available bulkhead seat (provided that the bulkhead row is not an
emergency exit row) because he could not otherwise readily access the
aircraft.
Advance Seat Assignments
Block Seating Method (For the ``Catchall'' Category)
When a passenger with a disability, which does not meet one of the
four specific criteria described in Sec. 382.81 makes a reservation
more than 24 hours before the scheduled departure time of a flight and
the carrier uses the block seating method, the carrier is not required
to offer one of the seats blocked for the passengers with disabilities
who are specifically entitled to the seating accommodations described
above in Sec. 382.81. However, you 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. (Sec. 382.85(a)(1)(i).
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 and less painful for him to access a bulkhead seat
because he has to be lowered into the seat with assistance from
another person, and that this process is much more difficult, if not
impossible, in any row other than a bulkhead row. 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 a fused or immobilized leg. 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 because the seat
was unassigned at the time of his request and he has a reasonable
argument that he needs the bulkhead seat to readily access the
aircraft.
Priority Seating Method (For the ``Catchall'' Category)
If your carrier uses the priority seating method, you must assign a
passenger with a disability (which does not meet one of the four
specific criteria described in Sec. 382.81) 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. Your carrier may
require the passenger to check in 1 hour before the standard check-in
time for the flight. If this passenger with a disability is assigned to
a designated priority bulkhead seat, the passenger is subject to being
reassigned to another seat if necessary to provide a seating
accommodation to a passenger with a disability entitled to and who
requests a required seating accommodation described above. (Sec.
382.85(a)(2)).
Example: The same passenger, with arthritis in his spine, from
the previous example, 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, as a reservation agent, do?
You should assign the passenger with arthritis in his spine one
of the two unassigned ``priority'' seats, but you must notify him
that he may have his'' priority'' seat reassigned if another
passenger who is specifically 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 arrive more than 1 hour
before the standard check-in time for the same flight and request
bulkhead seats. In this instance, you would inform the passenger
with arthritis in his spine 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 be easier for him to access,
or you could ask a passenger with a bulkhead seat who does not have
a disability if he or she would mind trading seats with the
passenger.
No Advance Seat Assignments (Use the Preboarding Method)
If your carrier does not provide advance seat assignments including
the ability to pay for an advance seating assignment,\15\ you must
allow passengers who identify themselves as passengers with a
disability in need of a seating accommodation to preboard before all
other passengers, including other passengers entitled to preboard, and
select the seats that best meet their needs. (Sec. 382.85(b))
---------------------------------------------------------------------------
\15\ As previously noted, if a carrier allows passengers to pay
for advance seating, the carrier must use either the block or
priority seating method.
---------------------------------------------------------------------------
Seat Assignments Only on the Day of Flight (For the ``Catchall''
Category)
If your carrier does not assign seats to passengers until the day
of the flight, it must use the priority seating method for passengers
with a disability. (Sec. 382.85(c)).
Other Issues Relating to Seat Assignments
As a carrier, you--
Must comply with all FAA and applicable foreign government
safety requirements, including exit row seating requirements in 14 CFR
121.585, when responding to requests from passengers with a disability
for seating accommodations. (Sec. 382.87(b)).
Must not deny transportation to any passenger on a flight
in order to provide a seat accommodation required by Subpart F to a
passenger with a disability. (Sec. 382.87(e)).
Cannot reassign the seat of a passenger with a disability
who has received a seat assignment as required by Subpart F even if
another passenger with a disability requests the same seat unless the
first passenger agrees to the reassignment. (Sec. 382.87(d)) The only
exception is when you assign a designated ``priority'' seat to a
passenger with a disability who is not required to receive a seating
accommodation specified in Sec. 382.81. (Sec. 382.85(a)(2)(ii)).
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 who requests a
seating accommodation. (Sec. 382.87(f)).
Example: A passenger with an economy/coach class ticket and an
immobilized leg (with a full-leg cast) arrives more than 1 hour
before the standard check-in time for his flight. 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?
Because the passenger has identified himself as a passenger with
a disability and requested a seat assignment to accommodate his
disability, 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/coach class seats, you are not required to
provide a seat in a class of service other than the one the
passenger has purchased to accommodate the passenger. You should
explain politely and respectfully that under the law, you must seat
him in either a bulkhead seat or an aisle seat in economy/coach
class on the side of the aircraft that would best accommodate his
leg. At his subsequent request for a bulkhead seat in economy/coach
class, you must arrange to move another passenger from the bulkhead
seat in economy/coach class and give it to the passenger with the
immobilized leg unless the seats have already been assigned to
passengers entitled to retain those seats under the rules discussed
above. Although you are not required to do so, you may choose to
seat him in a first class seat that would accommodate his
immobilized leg.
[[Page 39829]]
As previously noted, some carriers now offer passengers the
option of paying an extra fee for obtaining advance seat assignments
for preferred seats that provide, for example, greater legroom than
other seats in the same class of service. Such policies are
permitted, provided that carriers also reserve (that is, block or
prioritize) an adequate number of seats to comply with DOT rules
providing seating accommodations for qualified individuals with
disabilities at no extra cost to such passengers, as discussed
above.
C. Boarding and Deplaning Assistance
Preboarding Passengers With a Disability
As a carrier, you must offer preboarding to passengers with a
disability who self-identify at the gate as needing additional time or
assistance to board, stow accessibility equipment, or be seated. (Sec.
382.93) This obligation exists regardless of your preboarding policies
for other passengers (for example, families traveling with small
children). You are not obligated to make a general announcement about
preboarding in the gate area for passengers with disabilities if you do
not make preboarding announcements for other passengers. However, as a
matter of general nondiscrimination principles, if a passenger self-
identifies as needing preboarding and if you make a preboarding
announcement in the gate area for other passengers you would have to
make such an announcement for passengers with a disability.
General Obligations for Boarding and Deplaning Assistance
If a passenger with a disability requests assistance getting on or
off an aircraft, or you or the airport operator offer assistance, and
the passenger consents to the type of boarding or deplaning assistance
offered, you must promptly provide such assistance. (Sec. 382.95(a))
In the case of deplaning a non-ambulatory passenger, if the passenger
has provided advance notice that he or she will need wheelchair
deplaning assistance to exit the aircraft and the carrier has
documented the passenger's reservation record with a Special Service
Request (SSR) notation to that effect, ``promptly'' means that
personnel and an appropriate deplaning aisle wheelchair should be
available to assist the passenger with a disability in exiting the
aircraft as soon as the last ambulatory passengers has deplaned. If the
passenger with a disability is able to walk off the aircraft along with
the other passengers but needs a wheelchair to travel from the aircraft
into the terminal, carrier personnel and a wheelchair should be waiting
at the door of the aircraft when the deplaning process begins.
The type of assistance you must offer includes the services of
personnel and the use of wheelchairs, accessible motorized carts,
ramps, or mechanical lifts as required under Part 382. (Sec.
382.95(a)). Be mindful 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 a vision impairment
may request a sighted guide rather than a wheelchair, and requiring
such a passenger to accept wheelchair service that is neither requested
nor required to accommodate the passenger's disability would violate
DOT's rule. (Sec. 382.11(a)(2)).
You 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. (Sec. 382.141(a)(1)(iii) and
(b)) See Chapter 8: Personnel Training, for additional information on
employee/contractor training requirements.
Boarding and Deplaning Assistance Where Level-Entry Boarding Is
Unavailable
As a carrier operating aircraft with 19 or more passenger seats at
U.S. commercial service airports with 10,000 or more annual
enplanements, you must provide boarding and deplaning assistance to
passengers with a disability using lifts or ramps if level-entry
loading bridges or accessible passenger lounges are not available.
(Sec. 382.95(b)). U.S. carriers have been required to provide level-
entry boarding at such U.S. airports for many years, and foreign
carriers have been required to provide it no later than May 13, 2011.
See Appendix II for a discussion of the agreements carriers must have
with airports for the provision of lifts where level-entry loading
bridges are not available. (Sec. 382.99).
However, boarding assistance using a lift is not required on:
Aircraft with fewer than 19 passenger seats;
Float planes;
The following 19-seat capacity aircraft models that are
unsuitable for boarding assistance using a lift: the Fairchild Metro,
the Jetstream 31 and 32, the Beech 1900 (C and D Models), and the
Embraer EMB-120; or
Any other aircraft model the DOT determines to be
unsuitable for boarding and deplaning assistance by lift, ramp, or
other suitable device. (Sec. 382.97(a) through (c)).
As a carrier at a U.S. airport that you own, lease, or control, you
must ensure that there is an accessible route (one meeting the
requirements of the Americans with Disabilities Act Accessibility
Guidelines (ADAAG)) between the gate and boarding area whenever an
accessible passenger lounge to and from an aircraft or other means of
level-entry boarding and deplaning is not available. An ``accessible
route'' essentially means that a passenger should be able to travel
from the gate area to the tarmac level while remaining in a wheelchair,
and does not include stairs, steps, or escalators. (Sec.
382.51(a)(2)).
As a carrier, you may require that a passenger seeking boarding and
deplaning assistance using a lift or ramp check in for the flight 1
hour before the standard check-in time for the flight. However, if the
passenger checks in after this time you must make a reasonable effort
to accommodate the passenger and provide the boarding assistance using
a lift or ramp if it would not delay the flight. (Sec. 382.99(d)).
When Level-Entry Boarding and Deplaning Is Not Required
When level-entry boarding and deplaning assistance is not required,
you must still provide assistance to passengers with a disability in
boarding and deplaning aircraft. (Sec. 382.101). For example, boarding
and deplaning assistance using lifts is not required at smaller U.S.
airports (that is, airports with less than 10,000 annual enplanements)
or at any foreign airports; when severe weather or unexpected
mechanical breakdowns prevent the use of a lift; or when you are using
one of the unsuitable aircraft listed in the previous discussion.
(Sec. 382.101(a), (b), (c), and (e)).
Boarding assistance must be provided by any available means to
which the passenger consents. In such situations, you should present
the various options available to the passenger. However, as discussed
below, you must never physically hand-carry the passenger even if the
passenger consents unless this is the only way to evacuate the
passenger in the event of an emergency. (Sec. 382.101). If the
passenger does not consent to the available means of boarding
assistance, you should contact a Complaints Resolution Official (CRO).
Attending to Passengers in a Wheelchair
You may not leave a passenger unattended in a ground wheelchair,
boarding wheelchair or other device in which the passenger is not
independently mobile for more than 30 minutes. This requirement applies
even
[[Page 39830]]
if another person, including a family member or personal care
attendant, is accompanying the passenger unless the passenger
explicitly consents. A person who is not independently mobile is a
person who would not be able to get up from the wheelchair and maneuver
to areas of the terminal such as the restroom or a food service
provider without mobility assistance. (Sec. 382.103).
Except in an Emergency Evacuation, No Hand-Carrying of Passengers
Under no circumstance, except for emergency evacuations, should you
hand-carry a passenger with a disability to provide boarding or
deplaning assistance. Hand-carrying is defined as directly picking up
the passenger's body in the arms of one or more carrier personnel to
move the passenger from the tarmac level to the aircraft door for
boarding or, vice versa, for deplaning. (Sec. 382.101).
Note: Transferring a passenger from a wheelchair to a boarding
chair or a boarding chair to an aircraft seat is not considered
hand-carrying a passenger, and is often required for passengers who
are unable to conduct such transfers without assistance.
Example: A woman asks for assistance in boarding a flight with
30 passenger 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 not working. The passenger
tells you to physically pick her up and carry her up the stairs and
onto the aircraft because she really needs to make the flight. What
should you do?
Under the law, you must never physically hand-carry the
passenger onto the aircraft. Hand-carrying is only appropriate in
the case of an emergency evacuation. Even though the law states that
a passenger with a disability 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. You and the CRO should explain to the passenger that,
under the law, you are not permitted to physically hand-carry her
onto the aircraft. In addition, you should explore other available
options for assisting this passenger with boarding the aircraft,
including carrying the passenger onto the aircraft in a boarding
wheelchair or arranging for another flight with a working lift or a
loading bridge. If the passenger consents to being carried onto the
aircraft 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.
Connecting Assistance
If a passenger with a disability requests transportation between
gates to make a connecting flight, you must provide, or ensure the
provision of, such assistance. If the arriving flight and departing
flight are operated by different carriers, the carrier that operated
the arriving flight has this responsibility. (Sec. 382.91(a)). Chapter
4: Assisting Air Travelers with Disabilities at the Airport, has a more
detailed discussion of the assistance a carrier must provide to
passengers with a disability who are moving within the airport
terminal.
Airport Operators at Foreign Airports--Boarding, Deplaning, and
Connecting Assistance
At some foreign airports, the airport operators rather than the
carriers are responsible for providing boarding, deplaning, or
connecting assistance for passengers. If the airport operator provides
this assistance rather than carriers, you, as a carrier, may rely on
the services provided by the airport operator. However, if the
boarding, deplaning, or connecting services the airport operator
provides are not sufficient to meet Part 382, you must supplement those
services to ensure the assistance requirements are met. If you believe
you are not legally permitted to supplement the airport operator's
services, you may apply for a conflict of laws waiver under Sec.
382.9. (Sec. 382.105).
D. Stowing and Treatment of Assistive Devices
You should be familiar with the regulatory requirements for storage
and treatment of assistive devices used by passengers with a
disability, including ventilators and respirators; spillable and
nonspillable batteries; canes; and wheelchairs. (Part 382, Subpart I).
Storing Mobility Aids and Other Assistive Devices in the Aircraft Cabin
You must allow passengers with a disability to bring the following
mobility aids and assistive devices into the aircraft cabin consistent
with FAA, PHMSA, Transportation Security Administration (TSA or
applicable foreign government requirements concerning safety, security,
and hazardous materials:
Manual wheelchairs, including folding or collapsible
wheelchairs;
Other mobility aids, such as canes, crutches and walkers;
and
Other assistive devices, such as prescription medications
and the devices needed to administer them (such as syringes or auto-
injectors); vision-enhancing devices; and portable oxygen concentrators
(POCs), ventilators, and respirators that use nonspillable batteries as
long as they comply with applicable safety, security and hazardous
materials rules. (Sec. 382.121(a)(1) through (a)(3)).
Note: Carriers are not required to permit passengers to bring
electric wheelchairs, Segways, or scooters into the aircraft cabin.
You must not count mobility aids and other assistive devices
brought on board the aircraft by a passenger with a disability toward
your airline's limit for passenger carry-on baggage. (Sec.
382.121(b)). 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. 382.125(a) and (b)). In
addition, because carriers cannot charge for facilities, equipment, or
services required under Part 382, no charges may be imposed for
assistive devices brought into the cabin or checked or if a wheelchair
or other assistive device exceeds the normal weight limit on checked
baggage. (Sec. 382.31(a)).
Chapter 3: Assisting Air Travelers with Disabilities Planning a
Trip, above, also discusses a carrier's obligations with regard to
mobility aids and assistive devices.
Priority Stowage of Wheelchairs and Other Assistive Devices
A passenger with a disability who takes advantage of preboarding
may stow his or her folding wheelchair in the aircraft's priority
storage space (discussed above in Section A, Aircraft Accessibility)
with priority over all other items. You must move items that carrier
personnel have stowed in this area, including crewmember luggage and
on-board wheelchairs, even if these items were stowed before the
passenger boarded the aircraft. This includes items placed in this area
on a previous leg of the flight. (Sec. 382.123(a)(1)). You must also
allow passengers with a disability who preboard to stow other assistive
devices in this area with priority over other items except
wheelchairs.\16\ (Sec. 382.123(a)(2)).
---------------------------------------------------------------------------
\16\ A carrier might require FAA approval to stow assistive
devices other than a wheelchair in the priority stowage space.
---------------------------------------------------------------------------
Passengers with wheelchairs or other assistive devices who do not
preboard must still be allowed to use the priority stowage areas for
their devices but their use of the space is on a first-come, first-
serve basis with respect to other passengers' items. (Sec.
382.123(a)(3)).
If a passenger's wheelchair exceeds the dimensions of the priority
storage space while folded but otherwise fully assembled but will fit
if the wheels or other components are removed without the use of tools,
you must remove those components and stow the wheelchair in
[[Page 39831]]
the priority space. You must store the removed components in the areas
provided for carry-on luggage. (Sec. 382.123(b)).
Note: The rule currently prohibits the use of the ``seat-
strapping'' method of carrying a wheelchair in any aircraft you
ordered after May 13, 2009, or which is delivered after May 13,
2011. (Sec. 382.123(c)). There is currently DOT rulemaking pending
regarding the use of the ``seat-strapping'' method and whether this
practice should be permitted. (76 FR 32107) \17\
\17\ Pursuant to JetBlue Airways' petition to stay the
effectiveness of 14 CFR 382.67 and 14 CFR 382.123(c), the Office of
the Assistant General Counsel for Aviation Enforcement and
Proceedings will not enforce the requirement that aircraft ordered
after May 13, 2009, or delivered after May 13, 2010, have a priority
space in the cabin of sufficient size to stow a passenger's manual
folding wheelchair as required by section 382.67 and will allow
carriers to continue using seat-strapping, as permitted by the
Federal Aviation Administration or, if applicable, foreign safety
authorities, until the rulemaking process is complete. See DOT-OST-
2010-0115.
---------------------------------------------------------------------------
Mobility Aids and Other Assistive Devices That Cannot Be Stowed in the
Aircraft Cabin
You must stow mobility aids, including wheelchairs, and other
assistive devices in the baggage compartment with priority over other
cargo and baggage if an approved stowage area is not available in the
cabin or the items cannot be transported in the cabin consistent with
FAA, PHMSA, TSA, or applicable foreign government requirements. (Sec.
382.125(a)). You need to transport only those items that fit into the
baggage compartment and can be transported consistent with FAA, PHMSA,
TSA, or applicable foreign government requirements on stowage of items
in the baggage compartment. (Sec. 382.125(b)). DOT recognizes there
may be some circumstances in which it is not practical to stow an
electric wheelchair or some other assistive device in the baggage
compartment, and you are not required to do so if it would constitute
an undue burden. (Sec. 382.13(c)). For example, some larger scooters
may not fit in smaller aircraft.
If other passengers' items are removed from the aircraft to
accommodate assistive devices, you must use your best efforts to ensure
that the items are delivered to the passenger's destination on your
next flight. The ``next flight'' may be a flight within 1 or 2 hours
for domestic destinations or a matter of days with respect to some
international destinations. (Sec. 382.125(b)).
When a passenger's wheelchair, other mobility aids, or other
assistive devices cannot be stowed in the cabin as carry-on baggage,
you must ensure these items are timely checked and returned 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 Federal regulations concerning transportation security and the
transportation of hazardous materials. (Sec. 382.125(c)(1)). If, on
the other hand, a passenger with a disability requests that these items
be returned at the baggage claim area instead of at the door of the
aircraft, you must do so. (Sec. 382.123(c)(2)). To ensure the timely
return of a passenger's wheelchair, other mobility aids, or other
assistive devices, they must be among the first items retrieved from
the baggage compartment. (Sec. 382.125(d)).
Example: A passenger with multiple sclerosis is one of many
passengers on a flight who is informed that the flight is cancelled
because of mechanical problems. It is late at night and the carrier
has announced that the passengers will be provided a hotel room 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 syringes and medication for her
multiple sclerosis, which she must take on a daily basis. What
should you do?
The passenger's syringes and medication would be considered
assistive devices. (Sec. Sec. 382.3 and 382.121(a)(3)). Because the
passenger requested the return of her assistive device, you must
return it to her if no extenuating circumstances prohibit the return
of the items, for example, the carrier placed the baggage on an
earlier flight to the passenger's final destination. (Sec.
382.125(c)). As a matter of customer service, you may also advise
such passengers (for example, through the carrier's Web site or
other consumer information materials) that your 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 items on board. Such medication carry-on bags
would not be counted toward the passenger's carry-on baggage
allowance.
Battery-Powered Mobility Aids
As a carrier, you must accept a passenger's battery-powered
wheelchair or other similar mobility device, including the battery, as
checked baggage unless baggage compartment size and aircraft
airworthiness considerations prohibit it. (Sec. 382.127(a)).
Check-In and Advance Notice Requirements (for Passengers With Battery-
Powered Mobility Devices)
Aircraft with 60 or more passenger seats. You may require that the
passenger check in for the flight 1 hour before the check-in time for
the general public. However, even if the passenger does not check in
within this time, you must make a reasonable effort to accommodate the
passenger and transport the battery-powered wheelchair or other similar
mobility aid provided it would not delay the flight. (Sec.
382.127(b)).
Aircraft with fewer than 60 passenger seats. You may require a
passenger with a disability to provide up to 48 hours' advance notice
and check in 1 hour before the check-in time for the general public if
the passenger wishes transportation of an electric (battery-powered)
wheelchair. (Sec. 382.27(c)(4)).
Battery Handling (for Wheelchairs, Scooters, and Other Mobility Devices
Using Traditional Spillable or Nonspillable Battery Technology) \18\
---------------------------------------------------------------------------
\18\ PHMSA has several rules that govern the carriage of
battery-powered devices as checked baggage. 49 CFR 175.10(a)(15)
regulates non-spillable battery powered devices as checked baggage;
49 CFR 175.10(a)(16) regulates spillable battery powered devices as
checked baggage; and, 49 CFR 175.10(a)(17) regulates lithium ion
battery powered devices as carry-on or checked baggage. See FN 18
below. Note that Part 382 never requires that carriers allow battery
powered wheelchair in the cabin as carry-on baggage.
---------------------------------------------------------------------------
You must not require that the battery be removed and separately
packaged if the--
Manufacturer has labeled the battery on a wheelchair or
other similar mobility device as nonspillable, or
For a spillable battery, the battery-powered wheelchair
can be loaded, stored, secured, and unloaded in an upright position.
However, you must remove and package separately any battery that
(1) is inadequately secured to a wheelchair or (2) if the battery is
spillable and it is contained in a wheelchair that cannot be loaded,
stowed, secured and unloaded in an upright position consistent with DOT
hazardous materials regulations. Whenever your carrier is required to
remove and provide hazardous material packaging for a battery, your
carrier may require a passenger to provide up to 48 hours' advance
notice and check in 1 hour before the standard check-in time. (Sec.
382.27(c)(5)). A damaged or leaking battery should not be transported.
(Sec. 382.127(c)).
Finally, you must not disconnect the battery on a wheelchair or
other mobility device if the battery is nonspillable and it is
completely enclosed within a case or compartment integral to the design
of the device unless you are required to do so under FAA, PHMSA, or
foreign government safety regulations. (Sec. 382.127(e)).
When it is necessary to detach a battery from a wheelchair or other
[[Page 39832]]
mobility device, you must provide packaging for the battery, if
requested, and package the battery consistent with appropriate
hazardous materials regulations. However, you are not required to use
packaging materials or devices you do not normally use for this
purpose. (Sec. 382.127(d)). You must not charge for such packaging.
(Sec. 382.31(a)). You must not drain batteries. (Sec. 382.127(f)).
If the physical size of a cargo compartment does not permit you to
safely carry a wheelchair, other mobility aid, or assistive device
upright without the risk of serious damage to the wheelchair, aid, or
device, or the carriage of such a mobility aid in a small baggage
compartment causes a load imbalance that violates weight and balance
safety requirements, you may legitimately decline transportation of the
item on the flight. However, you should assist the passenger in
identifying a flight using an aircraft that can accommodate the
wheelchair, aid, or device.
Assembly and Disassembly of Wheelchairs, Mobility Aids, and Assistive
Devices
You must permit passengers with a disability to provide written
instructions concerning the disassembly and reassembly of their
wheelchairs, other mobility aids and other assistive devices. (Sec.
382.129(a)). When you disassemble these items, you must reassemble them
and ensure their prompt return to the passenger with a disability. In
addition, you must return a wheelchair, other mobility aid or other
assistive device to the passenger in the same condition in which you
received it. (Sec. 382.129(b)).
Passenger-Supplied Electronic Respiratory Assistive Devices
U.S. carriers conducting passenger service (except for on-demand
air taxi operators)
You must permit a passenger with a disability to use the following
passenger-supplied electronic respiratory assistive devices in the
passenger cabin during all phases of flight on all aircraft designed
with a maximum passenger seating capacity of more than 19 seats:
Ventilators;
Respirators;
Continuous positive airway pressure (CPAP) machines; and
FAA-approved POCs.
You must allow such devices to be used in the cabin during air
transportation if they--
Meet applicable FAA requirements for medical portable
electronic devices,
Display a manufacturer's label indicating such compliance
(see Note on labeling below), and
The device can be stowed and used in the cabin consistent
with applicable TSA, FAA, and PHMSA regulations. (Sec. 382.133(a)(1)
and (a)(2)) \19\
---------------------------------------------------------------------------
\19\ For applicable PHMSA regulations regarding ``portable
electronic devices'' that use cells or batteries, see 49 CFR
175.10(a)(18). This rule is not specific to disability assistive
devices. DOT recognizes that the International Civil Aviation
Organization (ICAO) states that portable medical electronic devices
containing lithium metal or lithium-ion batteries may be carried by
passengers for medical use but ``no more than two spare batteries
may be carried in carry-on baggage.'' DOT's Pipeline and Hazardous
Material Safety Administration (PHMSA) rule currently does not
contain a limit on the number of lithium metal or lithium-ion
batteries that may be carried by passengers for medical use.
Therefore, DOT currently require carriers through its disability
regulation to allow a passenger to transport in carry-on baggage as
many spare lithium metal or lithium-ion batteries as needed for
medical use subject to the gram content restrictions stated in the
PHMSA regulation cited above. U.S. and foreign carriers are
obligated to comply with the current PHMSA regulation unless a
conflict of law request has been filed and approved by DOT.
---------------------------------------------------------------------------
Carrier personnel should inspect the device's label at the
departure gate to ensure the device is labeled properly and that the
passenger has an adequate number of batteries (that is, 150 percent of
the maximum expected duration of the flight) for the flight and that
they are properly packaged.)
Foreign Carriers Conducting Passenger Service (Except Operations
Equivalent to a U.S. Carrier On-Demand Air Taxi Operation
You must permit passengers with a disability to use the electronic
respiratory assistive devices listed above (ventilator, respirator,
CPAP machine, or POC of a kind equivalent to an FAA-approved POC for
U.S. carriers) during flight in the passenger cabin of aircraft,
originally designed with a maximum passenger seating capacity of more
than 19 seats during operations to, from or within the United States.
However, this requirement does not apply to foreign operations that are
equivalent to on-demand air taxi operations by U.S. carriers. (Sec.
382.133(b)).
You must permit the use of such devices if they--
Meet requirements for medical portable electronic devices
established by your foreign government (or if no such requirements
exist you may apply applicable FAA requirements for U.S. carriers),
Have a manufacturer's label indicating such compliance
(see Note on labeling below), and
The device can be stowed and used in the cabin consistent
with TSA, FAA and PHMSA regulations and the safety and security
regulations of your foreign government. (Sec. 382.133(b)(1) through
(b)(3)).
Carrier personnel should inspect the device's label at the
departure gate to ensure the device is labeled properly and that the
passenger has an adequate number of batteries for the flight and that
they are properly packaged.\20\
---------------------------------------------------------------------------
\20\ In regards to lithium ion battery-powered respiratory
devices, PHMSA has no prohibition or limitation on the number of
batteries a passenger is allowed to carry on to power their
respiratory device. PHMSA's rules differ from the ICAO standards
which permit only two extra batteries. As PHMSA has not adopted the
same rule, U.S. carriers are obligated to allow a passenger to bring
the lithium-ion batteries on-board as long as they are packaged
according to PHMSA standards. Foreign carriers are also obligated to
carry the lithium-ion batteries unless there is a conflict of law.
Note: Since the issuance of revised Part 382 on May 13, 2008,
some carriers have denied passengers the use of POCs onboard the
aircraft because the devices did not have a manufacturer's label
indicating that the device complies with the standards of RTCA/DO-
160 or other applicable FAA or foreign requirements for portable
medical electronic devices, even though the POC has been approved by
the FAA for in-flight use. The DOT strongly encourages carriers to
allow passengers to use any such FAA-approved POC if the conditions
in Special Federal Aviation Regulation No. 106 (SFAR 106) for use of
portable oxygen concentrator systems onboard aircraft are followed
even if the device has not been labeled.\21\ (See DOT Notice on this
issue at http://airconsumer.ost.dot.gov/rules/Notice_10_28_09.pdf). Under SFAR 106, the FAA reviews the tests of POCs and
determines whether the POCs meet safety requirements for medical
portable electronic devices and are safe for use in-flight subject
to certain conditions. The FAA specifically lists any POC brands and
models that it deems acceptable for use onboard aircraft in SFAR
106. (14 CFR part 121, SFAR 106). (A list of FAA-approved POCs can
be found on the FAA's Web site at http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/).
---------------------------------------------------------------------------
\21\ The Use of Passenger-Supplied Electronic Respiratory
Assistive Device on Aircraft, October 28, 2009. See http://airconsumer.dot.gov/rules/notice_10_28_09.pdf. The notice also
covers other electronic respiratory assistive devices.
---------------------------------------------------------------------------
Chapter 3, Assisting Air Travelers with Disabilities Planning a
Trip, also discusses passenger-supplied electronic respiratory
assistive devices. Specifically, Chapter 3 discusses the information
a carrier must provide during the reservation process to passengers
with a disability who wish to use such devices during a flight and
the conditions a passenger must meet to bring the device on the
aircraft.
Baggage Liability Limits
On domestic U.S. flights the baggage liability limits (14 CFR Part
254, Domestic Baggage Liability Limits), do
[[Page 39833]]
not apply to loss, damage, or delay concerning wheelchairs, other
mobility aids, or other assistive devices. Rather, the basis for
calculating the compensation for lost, damaged, or delayed mobility
aids, including wheelchairs, or other assistive devices must be the
original purchase price of the device. (Sec. 382.131).
Note: Baggage liability limits for international travel,
including flights of U.S. carriers, are governed by the Montreal
Convention and other international agreements instead of 14 CFR part
254.
You also 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 the condition of these items to the same extent you do this for
other checked baggage. (Sec. 382.35(b)).
Example: A passenger with a battery-powered wheelchair with a
spillable battery arrived for his domestic flight and carrier
personnel determined that the wheelchair could not be loaded,
stored, secured, and unloaded in an upright position in the cargo
compartment of the aircraft. Therefore, the appropriate personnel
removed the battery and stored the battery and wheelchair as checked
baggage. When the passenger arrives at his destination and the
battery is reconnected, it is done incorrectly and the entire
electronic circuit board of the wheelchair is severely damaged,
rendering the wheelchair temporarily unusable. What should you do?
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 based on 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. Repair
costs in excess of the original cost of the wheelchair need not be
paid. The passenger could also recover from the carrier reasonable
costs associated with the rental of a wheelchair during the repair
period or while awaiting a new wheelchair.
E. Services and Information Provided in the Cabin
Services on Aircraft
You must provide certain services within the aircraft cabin when
requested by a passenger with a disability or when offered to and
accepted by a passenger with a disability. Specifically, you must
provide assistance:
Moving to and from a seat as part of boarding and
deplaning;
Preparing for eating, such as opening packets and
identifying food;
If there is an on-board wheelchair, using the on-board
wheelchair to enable the passenger to move to and from the lavatory (if
requested, this could involve transferring the passenger from a seat to
an aisle chair);
Moving a passenger who is semi-ambulatory to and from the
lavatory, without lifting or carrying the individual;
Ensuring effective communication with passengers with
vision or hearing impairments so that these passengers have timely
access to information you provide to other passengers, such as
information about weather, on-board services, flight delays, and
connecting gates at the next airport; and
Stowing and retrieving carry-on items, including mobility
aids and other assistive devices stowed in the cabin (a passenger must
self-identify as an individual with a disability needing such
assistance). (Sec. 382.111).
Example 1: A passenger using an aisle chair for boarding asks
for help storing her carry-on item in the overhead compartment
because, as is apparent, her disability prevents her from being able
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?
Because he has not identified himself as, and it is not obvious
that he is, a passenger 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 ``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 does not feel like lifting the bag, he may be
considered not to be a passenger with a disability and, therefore,
you are not obligated to assist him. You may politely decline to
assist him, depending on your 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 actual eating, for example, feeding the
passenger;
Assistance within the restroom or at the passenger's
seat with elimination functions; or
Provision of medical services. (Sec. 382.113(a)
through (c)).
You cannot require that a passenger with a disability sit on a
blanket or wear badges or other special identification. (Sec.
382.33(b)(3) and (b)(4)).
Timely and Complete Access to Information for Passengers With a Vision
or Hearing Impairment
You must ensure that passengers with a disability who identify
themselves as needing visual or hearing assistance have prompt access
to the same information provided to other passengers on the aircraft.
In this context, ``prompt'' means that you must provide this
information to passengers with vision or hearing impairments as close
as possible to the time the information is transmitted to the other
passengers. However, you are not required to provide information if it
would interfere with your crewmember safety duties under applicable FAA
and foreign regulations. (Sec. 382.119(a)).
You must provide information on--
Flight safety,
Procedures for takeoff and landing,
Flight delays,
Schedule or aircraft changes that affect the travel of
passengers with a disability,
Diversion to a different airport,
Scheduled departure and arrival time,
Boarding information,
Weather conditions at the flight's destination,
Beverage and menu information,
Connecting gate assignments,
Baggage claim,
Individuals being paged, and
Emergencies (for example, fire or bomb threat).
(Sec. 382.119(b)).
You may need to provide passengers with information not included on
this list. In addition, if you use audio-visual displays to convey this
information to passengers with hearing impairments you must provide
high-contrast captioning as previously discussed in Section A, Aircraft
Accessibility, of this chapter. (Sec. 382.69).
F. Safety Briefings
The FAA requires that you provide a safety briefing to all
passengers before each takeoff. (Sec. Sec. 121.571 and 135.117). With
regard to passengers with a disability you must not require that the
passenger demonstrate he or she has listened to, read, or understood
the information presented, except to the extent that you impose such a
requirement on all passengers with
[[Page 39834]]
respect to the general safety briefing or for an exit row briefing. In
addition, you must not take any action adverse to a passenger with a
disability on the basis the individual has not ``accepted'' the
briefing. (Sec. 382.115(c)).
Individual Safety Briefings
Under certain circumstances, you must provide individual safety
briefings to a passenger with a disability. (Sec. 382.115(a)). FAA
regulations require you to conduct an individual briefing for each
passenger who may need assistance to move expeditiously to an emergency
exit. (Sec. Sec. 121.571(a)(3) and (4) and 135.117(b)). 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. You may offer an individual briefing to any
other passenger. (Sec. 382.115(b)). When you conduct an individual
safety briefing for a passenger with a disability, you must do so as
inconspicuously and discreetly as possible. (Sec. 382.115(d)).
Safety Briefings for Passengers With Hearing Impairments
If you present safety briefings to passengers using audio-visual
displays, you must ensure that the presentation is accessible to
passengers with hearing impairments. (Sec. 382.115(e)). The
accessibility requirements for onboard audio-visual safety
presentations are discussed in Section A, Aircraft Accessibility of
this chapter. (Sec. 382.69).
Chapter 6: Assisting Air Travelers With Disabilities With Their
Complaints
A. Complaints Resolution Officials (CROs)
B. Handling Passenger Complaints
C. ACCESS: An Approach for Resolving Complaints
D. General Complaint Resolution Tips
E. Categorizing, Recording and Reporting Written Disability-Related
Complaints
A. Complaints Resolution Officials (CROs)
Carriers providing service using aircraft with 19 or more passenger
seats must designate one or more CROs. (Sec. 382.151(a)). CROs are
individuals trained as the carrier's experts in ensuring that carrier
personnel correctly implement the Air Carrier Access Act (ACAA)
requirements and Part 382. Each CRO must be trained and thoroughly
familiar with (1) the rights of passengers with disabilities under Part
382 and (2) the carrier's procedures with respect to passengers with a
disability. The primary purpose of having a CRO is to resolve a
passenger's problem as quickly as possible without using formal
Department of Transportation (DOT) enforcement procedures and before a
violation occurs.
(Sec. Sec. 382.141(a)(7) and 382.151(d)).
A CRO must have the authority to resolve complaints by passengers
with a disability on behalf of the carrier. Therefore, CROs must have
the power to overrule decisions of other carrier personnel, except that
they are not required to have the authority to countermand a safety
decision made by the pilot-in-command. (Sec. 382.151(e)).
Availability of the CRO
As a U.S. carrier, you must make a CRO available at each airport
you serve during all times you are operating at that airport. As a
foreign carrier, you must make a CRO available either in person or by
telephone or Text Telephones (TTY) at each airport serving flights you
operate that begin or end at a U.S. airport. Part 382 recognizes that,
in some cases, carriers operate flights infrequently and it is not
necessary to have a CRO available during those times the carrier is not
operating flights at that airport. (Sec. 382.151(b)).
Example: A foreign carrier may fly from Dulles International
Airport to a foreign airport only at 5 p.m. on Mondays and
Thursdays. On other days and on Monday and Thursday mornings, the
foreign carrier would not have to make a CRO available at Dulles.
If the CRO is available by telephone, it must be at no cost to
the passenger. In addition, if a telephone link to the CRO is used,
a TTY service or a similarly effective technology must be available
to passengers with hearing impairments. You must ensure that CRO
services are available in the languages in which you provide
services to the general public. (Sec. 382.151(b)).
B. Handling Passenger Complaints
If a passenger with a disability, or someone on behalf of a
passenger with a disability, complains or raises a concern with you
about discrimination, accommodations, or services with respect to
passengers with a disability, and you do not immediately resolve the
issue to the customer's satisfaction or provide a requested
accommodation, you must immediately inform the passenger of the right
to contact a CRO. You must then contact a CRO on the passenger's behalf
or provide the passenger with the means to contact the CRO such as by
providing a telephone, a phone card plus the location and/or phone
number of the CRO. The requirement to provide this information applies
to your carrier's reservation agents, contractors, and Web sites when a
passenger with a disability using those services complains or raises a
concern about a disability related issue. (Sec. 382.151(c)). Carriers
are responsible for making a passenger aware of the availability of a
CRO anytime a disability-related concern is raised even if a passenger
does not specifically ask to speak with a CRO.
Example: A passenger with a disability states that he wishes to
carry-on and stow his personal folding wheelchair in the cabin as he
has done on several similar flights on your carrier in the same
market and on the same aircraft type. As the ticket agent, you
inform the passenger that you are unsure if wheelchairs can be
stowed in the cabin, but state ``We have a CRO available that will
be able to provide guidance. The CRO is our carrier's expert in
disability related questions or concerns.''
Complaints Made Directly to a CRO During the Trip
When a passenger with a disability makes a complaint directly to a
CRO during the course of the trip (for example, over the telephone or
in person at an airport), the CRO must promptly take action to resolve
the problem as follows:
If a passenger complains about a disability-related issue
to a CRO before Part 382 has been violated, the CRO must promptly take
action or direct other employees to take action to ensure compliance
with the law. (Sec. 382.153(a)). However, as previously discussed,
only the pilot-in-command of an aircraft has final authority to make
decisions regarding safety onboard his or her aircraft and the CRO may
not have the authority to override a pilot's decisions regarding
safety. (Sec. 382.151(e)) .
If a passenger complains about a disability-related issue
or alleges that a violation of Part 382 already has occurred and the
CRO agrees that a violation has occurred, the CRO must provide the
complaining passenger with a written statement summarizing the facts
and the steps, if any, the carrier proposes to take in response to the
violation. (Sec. 382.153(b)). Note, some carriers use their legal
department to provide a written response.
If a passenger alleges a violation of Part 382 but the CRO
determines that no violation has occurred, the CRO still must provide a
written statement including a summary of the facts and the reasons for
that determination. (Sec. 382.153(c)).
Note: In both instances discussed above, the written statement
responding to the passenger's complaint must either be provided in
person to the passenger at the airport or it must be forwarded to
the passenger within 30 calendar days of the complaint. The written
statement must
[[Page 39835]]
inform the complaining passenger about his or her right to pursue
DOT enforcement action under Part 382. (Sec. 382.153(d)).
Written Complaints Received After the Trip
Generally, as a carrier, you must respond to written complaints
from passengers with a disability. Written complaints may be received
by letter, facsimile, email, electronic instant messaging, and short
message service (SMS) via the Internet. (Sec. 382.155(a)). In regards
to complaints received through Facebook and Twitter, in the context of
consumer complaints, the Department allows carriers to not respond to
those complaints provided the carrier clearly indicates on the its
primary page on Facebook and/or Twitter that it will not reply to
consumer complaints on that site and directs the consumer to the
carrier's mailing address and email or Web site location for filing
written complaints. The Enforcement Office will adopt this policy for
disability-related complaints as well. However, you are not required to
respond to a written complaint postmarked or transmitted more than 45
days after the date of the incident, except complaints referred to you
by DOT. (Sec. 382.155(c)).
You must provide your response in writing to the complaining
passenger within 30 days of receiving his or her written complaint.
Your response must describe how you resolved the complaint and must
specifically admit or deny that a violation of Part 382 occurred.
(Sec. 382.155(d)). As a matter of good customer service, you should
provide all information regarding written complaints in a polite and
respectful manner.
Depending on your carrier's determination, the response to a
written complaint must include the following:
If your carrier agrees that a violation has occurred, you
must provide a written statement to the complaining passenger
summarizing the facts and stating what steps, if any, your carrier
proposes to take in response to the violation. (Sec. 382.155(d)(1)).
If your carrier denies a violation occurred, the written
response must include a summary of the facts and your carrier's reasons
under Part 382 for making the determination. (Sec. 382.155(d)(2)).
Note: As with the response to oral complaints, the response to a
written complaint must inform the complaining passenger about his or
her right to pursue DOT enforcement action under the law. (Sec.
382.155(d)(3)).
Responsibilities of Employees/Contractors Other Than the CRO
Each employee/contractor dealing with the traveling public should
be trained to proficiency, as appropriate to the duties of the
employee/contractor, on the legal requirements and the carrier's
policies concerning the provision of air travel to passengers with
disabilities. (Sec. 382.141). These employees/contractors must receive
training on awareness about and appropriate responses to individuals
with physical, sensory, mental, and emotional disabilities, including
how to distinguish among the differing abilities of individuals with a
disability. (Sec. 382.141(a)(2)). A discussion of employee/contractor
training requirements can be found in Chapter 8: Personnel Training;
and Appendix II on Airline Management Related Issues.
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:
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'' about a disability-related
issue.
Contact a CRO if you are having any difficulty providing
an accommodation required by Part 382 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 U.S. carrier must make a CRO available, in
person or by telephone, at each airport the carrier serves during all
times the carrier is operating at that airport. A foreign carrier must
make a CRO available, in person or by telephone, at each airport
serving flights the carrier operates that begin or end at a U.S.
airport. (Sec. 382.151(b)).
C. ACCESS: An Approach for Resolving 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 onsite and may only be involved in resolving the complaint by
telephone.
Having a consistent process for handling these complaints will
assist you in meeting your 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 positive action are important
aspects of the process.
The ACCESS \22\ checklist below is provided as a memory aid for
responding 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.
---------------------------------------------------------------------------
\22\ ACCESS is a memory aid to Ask, Call, Check, Evaluate,
Solve, and Satisfy for use when resolving complaints.
---------------------------------------------------------------------------
BILLING CODE 4910-9X-P
[[Page 39836]]
[GRAPHIC] [TIFF OMITTED] TP05JY12.000
D. General Complaint Resolution Tips
To ensure that you can appropriately resolve a complaint from a
passenger with a disability, you should:
Familiarize yourself with this manual, the full text of
Part 382 at http://airconsumer.ost.dot.gov/SA_Disability.htm, and your
carrier's policies concerning Part 382, and for providing good customer
service. Primarily, you must not violate the civil rights of passengers
with a disability. In addition, you should treat passengers in
[[Page 39837]]
a manner consistent with good customer service.
Work as quickly as possible to ensure prompt service and,
at the same time, respect the needs of passengers with a disability.
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.
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.
Do not argue with a passenger with a disability who
presents a complaint.
Listen carefully and actively, evaluate appropriate
options under Part 382 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.
Assess the situation firsthand through observation,
communication, and information gathering even if you call a CRO,
because a CRO is not always available on site and may only be involved
in resolving the complaint by telephone.
E. Categorizing, Recording, and Reporting Written Disability-Related
Complaints
As a carrier covered by Part 382 that conducts passenger operations
with at least one aircraft having a designated seating capacity of more
than 60 passengers on flights to, from, or in the United States, you
must categorize, record, and report annually to the DOT written
disability-related complaints you receive. (Sec. 382.157). This
requirement applies to foreign carriers only with respect to
disability-related complaints associated with any flight segment
beginning or ending in the United States. (Sec. 382.157(b)).
As a carrier, you must have a system for categorizing and recording
disability-related complaints by the passenger's type of disability and
the nature of the passenger's complaint. (Sec. 382.157(c)) In
addition, you must submit an annual report on the last Monday of
January of every year summarizing the disability-related complaints you
received during the previous year. This annual report must be submitted
online using the form specified at the Web site address http://382reporting.ost.dot.gov unless you demonstrate undue hardship if not
permitted to submit the information via paper copies, disks or email.
(Sec. 382.157(d)). If DOT approves your request not to submit the
annual report through the Web site address above, you must use the form
in Appendix A to Part 382. (Sec. 382.157(h)).
Note: The recording and reporting responsibilities discussed
above apply to carriers in a codeshare relationship. As carrier in
such a relationship, you must record and report disability-related
complaints concerning services you provide. In addition, you must
forward to your codeshare partner any disability-related complaints
you receive from or on behalf of passengers regarding difficulties
encountered in connection with service provided by your codesharing
partner. As a codeshare carrier, you must report disability-related
complaints even when you are unable to reach agreement with your
codeshare partner as to whether the complaint involves service you
provide or service your codeshare partner provides.
Each carrier, including those carriers in a codeshare
relationship, must record and report disability-related complaints
forwarded to it by another carrier or governmental agency with
respect to difficulties encountered in connection with services you
provide. (Sec. 382.157(f)(1) and (f)(2), and (g)).
Finally, each carrier must retain correspondence and records of
action on all disability-related complaints for 3 years after
receiving the complaint or creating the record of action. You must
make these records available to the DOT on request. (Sec.
382.157(e)).
Chapter 7: Interacting With Individuals With Disabilities
A. Terminology
B. Physical, Mental, and Psychological Impairments
C. Tips for Interacting With Individuals With Disabilities
A. Terminology
When assisting and interacting with individuals with disabilities,
you should use language that reflects a positive view of them. You
should focus on the person first, not the disability, and avoid
language that reinforces myths, stereotypes, and discrimination.
This chart lists some currently acceptable terminology and
terminology you should avoid when addressing or referring to an
individual with a disability.
------------------------------------------------------------------------
Use Avoid
------------------------------------------------------------------------
Person with a disability............... Handicapped or deformed.
Person with a hearing impairment....... The deaf.
Person with a vision impairment........ The blind; the visually-
impaired.
Person 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 acquired immune deficiency Afflicted with AIDS, victim of
syndrome (AIDS) or living with AIDS. AIDS, or suffers from AIDS.
Congenital disability.................. Birth defect.
Person with cerebral palsy............. Afflicted with cerebral palsy
or suffers from cerebral
palsy.
Person with Down syndrome.............. Mongol, mongoloid, or retarded.
Person with a head injury, brain Brain damaged.
damage, or traumatic brain injury.
Person with a speech disorder or who is Mute or dumb.
without speech.
Person with quadriplegia or who is Crippled.
paralyzed.
Person of small or short stature....... Midget.
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B. Physical, Mental, and Psychological Impairments
It may not be apparent whether a person is an individual with a
disability. You should provide an opportunity for an individual with a
disability to self-identify by asking if the individual needs
assistance and, if so, how best you can assist with those needs. Be
mindful that you cannot require an individual with a disability to
accept special services, including preboarding. (Sec. 382.11(a)(2)).
Below are examples of physical, mental, and psychological impairments.
Examples of Physical Impairments
Orthopedic impairment;
Deafness (profound hearing loss);
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Hard of hearing (mild to profound hearing loss);
Vision impairment and blindness;
Speech disorder;
Cerebral palsy;
Epilepsy;
Muscular dystrophy;
Multiple sclerosis;
Cancer;
Heart disease;
Diabetes; and
Human Immunodeficiency Virus (HIV).
(Sec. 382.3).
Examples of Mental or Psychological Impairments
Mental retardation;
Organic brain syndrome;
Emotional or mental illness; and
Specific learning disabilities.
(Sec. 382.3).
C. Tips for Interacting With Individuals With Disabilities
The first section below provides general tips for interacting with
an individual with a disability. This section is followed by tips for
interacting with individuals with one or more of a provided list of
examples of disabilities.
This information will help you provide services, facilities, and
other accommodations to passengers with disabilities in a respectful
and helpful manner. Some of the tips relate to specific requirements
under Part 382, but most suggest ways to interact with passengers with
disabilities that would constitute good customer service and
demonstrate an appropriate level of sensitivity. However, carriers
should be aware that Sec. 382.141(a)(3) requires carriers to train
employees who deal with the traveling public to recognize requests for
communication accommodations from individuals with vision or hearing
impairments and to use the most common, readily available methods for
communicating with these individuals such as writing notes and clearly
enunciating. The tips below should be read and followed 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,
``How may I best 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 traveling needs.
Appreciate the passenger's perspective. You should 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. When you are speaking with
an individual with a disability it is important to relax, be yourself,
and maintain the conversational style you would use for anyone else. Be
aware of the possibility that your body language could convey
discomfort or impatience; try to avoid this. Also, you should 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.
Do not make assumptions. Do not 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, for example, frustration or disappointment. When
acknowledging the emotions of others, it may be more effective to use
``you'' rather than ``I.'' For example, you should say, ``You must be
frustrated by having to wait for your checked wheelchair'' rather than,
``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 individual first, not the disability.
Keep the passenger informed. When providing an
accommodation to a passenger with a disability, update the passenger
about the progress or timing in connection with the accommodation.
Knowledge is useful. Be aware of the services,
information, and resources available to an individual with a disability
who asks about a particular accommodation. If you do not know the
answer to the question, treat the individual with respect and courtesy
and say, ``Let me find out for you.'' Do not guess about what
accommodations or services to provide an individual with a disability.
When explaining the requirements under Part 382, avoid giving 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. Individuals 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 an individual with a disability, not the
individual's companion, attendant, or interpreter.
Treat each passenger as an individual. It is important to
recognize that individuals with a disability 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 these tips in mind when assisting
and communicating with passengers with disabilities. Although as a
practical matter, you need to be aware of different considerations
depending on the passenger's type of disability.
Five Examples of Types of Disabilities
Below are five basic types of disabilities with a list of
considerations to keep in mind when you are communicating and
accommodating passengers with each type of disability. Although these
five types of disabilities are specifically discussed, you must
consider each passenger with a disability 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 avoid making assumptions about the passenger's needs.
Five examples of types of disabilities addressed below are--
Vision impairments;
Hearing or severe hearing and vision impairments;
Mobility disabilities;
Difficulty speaking; and
Disabilities that are not apparent (for example, a
cognitive or emotional disability, diabetes, etc.).
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Tips for Assisting Individuals With Vision Impairments
Communication
Only offer assistance if it seems appropriate. Ask the
person if you can 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 the
gate. If you are handing a boarding pass to a passenger with a vision
impairment, 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 that describe what you are doing (for example,
waiting to receive confirmation of a reservation), and identify any
items you are giving to the passenger (for example, a credit card,
ticket, or voucher).
Make sure a passenger with a vision impairment is made
aware of all relevant information as it becomes available to other
passengers. (Sec. 382.53 and 382.119). 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. You should advise the passenger when
you are leaving the area and answer any questions the person has before
you leave.
If individual safety briefings are required, you must
conduct them discreetly with respect for the privacy of an individual
with a vision impairment. (Sec. 382.115(d)).
If a person uses a term relating to vision impairments
that you are not familiar with or that you do not understand, ask the
individual what his or her needs are. If you need additional
information, you should contact the Complaints Resolution Official
(CRO) to discuss how best to proceed. Be aware that your carrier may
provide additional training to educate you about the different types of
disabilities to enhance your ability to accommodate passengers with
disabilities.