Rule: Air Travel Nondiscrimination On Basis of Disability: Individuals With Disabilities Rights and Responsibilities Technical Assistance Manual

Tuesday,
July 19, 2005
Part II
Department of
Transportation
Office of the Secretary
14 CFR Part 382

Nondiscrimination on the Basis of
Disability; Technical Assistance Manual;
Final Rule
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41482 Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION Discussion of Public Comments publication of this TAM. Congress

1. General Comments required DOT to provide a technical
Office of the Secretary assistance manual to air carriers and
ATA, IATA, and RAA expressed individuals with disabilities in April
14 CFR Part 382 concern that publication of the TAM at 2000, and it is likely that the
this time would be premature and rulemakings regarding part 382 will not
suggested delaying its publication
[Docket No. OST–2005–20952] be finalized until at least 2006.
pending the conclusion of the
Therefore, DOT opts not to delay
Nondiscrimination on the Basis of rulemakings regarding part 382, i.e. the
Notice of Proposed Rulemaking (NPRM) completion of the TAM. The TAM will
Disability be revised, as needed, after the
extending part 382 to foreign carriers
(69 FR 64364), an NPRM still in rulemakings are completed.
AGENCY:Office of the Secretary,
Department of Transportation (DOT). preparation to accommodate passengers With regard to the comment that the
who are deaf, hard of hearing and deaf- TAM is too lengthy and the
ACTION: Technical Assistance Manual. blind, and an NPRM still in preparation recommendation that DOT develop a
concerning the needs of passengers who plain language version for use by
SUMMARY: This document responds to a require in-flight medical oxygen. ATA individuals whose native language is
Congressional mandate for the U.S. and RAA argued that finalizing the not English, DOT believes that the TAM,
Department of Transportation to provide TAM before completing the upcoming as written, is straightforward and
a technical assistance manual to air rulemakings involving part 382 would written in plain English. DOT does
carriers and individuals with be counterproductive and contrary to recognize that the TAM is a lengthy
disabilities concerning their rights and congressional intent since these
document, which is primarily a result of
responsibilities under the Air Carrier rulemakings would likely require
our effort to ensure that each section of
Access Act and DOT regulations. significant revisions to the TAM. IATA
further stated that it cannot comment on the TAM is a separate ‘‘stand alone
FOR FURTHER INFORMATION CONTACT: the TAM as it views it as a ‘‘work in document.’’ Because the TAM follows
Blane A. Workie, Office of the General progress’’ that will be subject to several the chronological path of an air traveler
Counsel, Department of Transportation, changes in the future. On the other with a disability from making a
400 7th Street, SW., Room 4116, hand, Mexicana commented that, reservation through the completion of
Washington, DC 20590, 202–366–9342 although the final rule modifying part the trip and each subject is discussed in
(voice), (202) 366–0511 (TTY), 202– 382 to cover foreign air carriers has not the context of the particular stage of the
366–7152 (fax), blane.workie@dot.gov yet been issued, it believed that the trip, a particular topic may be raised in
(e-mail). Arrangements to receive this TAM would be helpful in assisting and more than one section. DOT will revisit
notice in an alternative format may be guiding foreign carriers in implementing the issue of whether to restructure the
made by contacting the above named programs and policies that fulfill the TAM for greater clarity, including using
individual. general obligations of non- additional ‘‘plain language’’ techniques
discrimination on the basis of disability (e.g., question and answer format) to the
SUPPLEMENTARY INFORMATION: The in air travel. extent feasible to improve the clarity of
Wendell H. Ford Aviation Investment As a separate matter, IATA noted that the TAM, at the time that the TAM is
and Reform Act for the 21st Century it found the TAM to be too lengthy and
(AIR–21), which was enacted on April revised to reflect changes in part 382
complex to be easily understood by that may result from the current and
5, 2000, required, among other things, individuals whose native language is
that DOT provide a technical assistance anticipated rulemakings.
not English and suggested that DOT
manual to air carriers and individuals develop a plain language version. With respect to the comments
with disabilities concerning their rights DOT also received comments from received from members of the public,
and responsibilities under the Air members of the general public. One they do not necessitate any changes to
Carrier Access Act (ACAA) and its individual requested that DOT not allow the TAM. Cellular telephone usage on
implementing regulation in 14 CFR part the use of cellular telephones onboard aircraft is not addressed in the TAM and
382 (part 382). See 49 U.S.C. 41705(c). aircraft in flight. Another commenter is outside the TAM’s scope. As for the
Responding to this legislative mandate, implied that DOT is making changes to comment regarding consultation with
on April 20, 2005, DOT published a its disability rules without public members of the public prior to the
draft Technical Assistance Manual comment/consultation and appeared to issuance of a disability rule, DOT has
(TAM) relating to air travel by be asking DOT to consult with members always and will continue to provide
passengers with disabilities and of the public before making any changes public notice of any rulemaking in
requested public comment. (70 FR to its disability-related regulations. This accordance with the Administrative
20640). DOT received comments from commenter also seemed concerned Procedure Act (APA). DOT has even
three trade associations for carriers [Air about the risk to his health or safety if gone beyond APA requirements to
Transport Association of America carriers permit an individual who has a provide notice to the public of guidance
(ATA), Regional Airline Association communicable disease or infection to fly
(RAA), and International Air Transport documents such as the publication of
on an aircraft and asked that DOT
Association (IATA)], one U.S. carrier this TAM in the Federal Register.
require carriers to operate ‘‘a safe,
[Delta Air Lines (Delta)], one foreign healthful plane.’’ Finally, with regard to the comment that
carrier [Mexicana Airlines (Mexicana)] DOT Response: DOT appreciates the DOT mandate carriers to operate a safe
and two individuals for a total of seven reason that several commenters and healthful aircraft, DOT believes that
comments on the draft TAM. The recommended that the publication of carriers already do provide such flights
Department has revised the TAM based the TAM be delayed until the upcoming for their passengers. Further, the Federal
on the public comments received and to rulemakings regarding part 382 have Aviation Administration (FAA) and not
include several clarifications to make been completed. However, there has OST is the agency that issues air carrier
the TAM easier to read and understand. already been too lengthy a delay in the safety regulations.
Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules and Regulations 41483
2. Chapter 1: Understanding How To are available to other persons except location of seats with a movable
Use This Manual when specifically permitted by another armrest. Delta explained that it would
One carrier and two carrier section of part 382. Further, ground not be able to provide information about
associations sought further assurances transportation companies and hotels are the seats on its aircraft if a passenger
from DOT that the TAM’s use would not required to comply with the Americans makes a flight reservation more than a
be mandatory and that the TAM would with Disabilities Act. As a result, few days in advance of his/her flight
not expand air carriers’ legal obligations carriers should not have difficulty in because the specific location of seats is
under part 382. To this end, there was locating accessible ground determined by ship number and the
transportation and overnight carrier assigns an aircraft to a specific
a suggestion that DOT add language in
accommodations for a passenger with a flight by ship number only two or three
the introduction of the TAM stating
disability. Of course, DOT recognizes days in advance of the flight. The carrier
clearly that the TAM is a guidance
that there may be unusual also asked that the language in the
document and that the TAM’s language
circumstances under which carriers may service animal section be clarified so it
and examples provided are consistent
not be able to provide accessible ground is clear that current regulations require
with, and do not exceed, current law.
transportation and hotel that another seat be offered if a service
DOT Response: DOT restates its
accommodation to a passenger with a animal cannot be accommodated at the
position that the TAM does not impose
disability but such a failure would still passenger’s assigned seat only when a
additional legal obligations on carriers.
be a violation of the ACAA and part seat exists in the same class of service.
Further, as requested, DOT has added Mexicana objected to language in the
382. In such situations, DOT’s Aviation
language in the introduction of the TAM draft TAM indicating that carrier
Enforcement Office may choose to use
to explain that the TAM does not personnel would be required to make a
its discretionary power and not pursue
expand air carriers’ legal obligations or enforcement action if the carrier can determination as to whether a
establish new requirements under the demonstrate that it made every communicable disease poses a direct
law. DOT also clarifies that it is not reasonable effort to locate and provide threat to the health or safety of others by
mandating the use of the TAM but accessible ground transportation and an assessment based on reasonable
rather encouraging its use to ensure the accommodations but they simply were judgment relying on ‘‘current medical
proper implementation of part 382. not available. knowledge’’ or the ‘‘best available
3. Chapter 2: Learning the Basics About With respect to ATA’s assertion that objective evidence.’’ The carrier
the Law Protecting Air Travelers With section 382.39(a)(1) does not require expressed concern that this requirement
Disabilities carriers to assist passengers with would be an undue burden and create
disabilities in carrying their baggage extensive legal liabilities for the carrier.
ATA expressed concern that DOT is through the airport terminal, DOT DOT Response: It was not DOT’s
creating an impression that a violation disagrees. DOT believes that implicit in intention to imply that a late-arriving
of the ACAA and part 382 occurs in the requirement to provide enplaning, passenger who wants to check-in his or
circumstances where an air carrier deplaning and connecting assistance is her battery-powered wheelchair would
chooses to provide ground the obligation of carriers to assist make the determination as to whether
transportation and overnight passengers with disabilities with carry- the service can be provided without
accommodations to passengers because on or gate-checked luggage as they go delaying the flight. Under section
of a flight cancellation but is unable to between connecting flights or between a 382.33(c), if a passenger does not meet
provide accessible ground terminal entrance and a gate. advance notice or check-in
transportation and overnight requirements, the carrier must
accommodations to a passenger with a 4. Chapter 3: Assisting Air Travelers nonetheless provide the service
disability. It further remarked that air With Disabilities Planning a Trip requested if it can do so by making a
carriers will make every reasonable ATA contends that the example DOT reasonable effort. The advance notice
effort to locate and provide accessible provided of a passenger with a disability provision allows carriers sufficient time
ground transportation and who does not meet the advance notice to prepare to make whatever special
accommodations but such requirement to check-in his battery- arrangements may be needed to provide
accommodations may not always be powered wheelchair and spillable certain requested accommodations.
available. The carrier association also battery is misleading and misstates the However, if advance notice is not
disputes DOT’s interpretation that requirement in section 382.33(c) provided, it has always been DOT’s
section 382.39(a)(1) requires an air because it implies that the late-arriving intention that the carrier would make
carrier to provide personnel to assist passenger and not the air carrier makes the determination as to whether it can
passengers with disabilities in carrying the determination as to whether the provide the requested accommodation
baggage through the airport terminal. service or accommodation can be by making a reasonable effort. The
DOT Response: A violation of the provided without delaying the flight. advance notice example involving Mr.
ACAA and part 382 does occur in ATA also strongly disagrees with the Thomas provided in the TAM discusses
circumstances where an air carrier DOT’s interpretation that section 382.35 Mr. Thomas’ perception that it is
chooses to provide ground requires an air carrier to provide free feasible to provide the requested
transportation and overnight transportation to a person who accommodation without delaying the
accommodations to passengers because volunteers to be an attendant for a flight but properly states that the carrier
of a flight cancellation but is unable to disabled passenger that the carrier must accommodate Mr. Thomas, his
provide accessible ground insists needs an attendant over the battery-powered wheelchair and the
transportation and overnight passenger’s objection. spillable battery even though Mr.
accommodations to a passenger with a Delta expressed serious concerns that Thomas did not provide advance notice
disability. Section 382.7(a)(3) prohibits the draft TAM states that the carrier ‘‘[i]f this is the case,’’ i.e., if it is feasible
a carrier from excluding a passenger should be able to provide information to to provide the requested
with a disability from or denying the a passenger regarding seats unavailable accommodation without delaying the
person the benefit of any air for use by an individual with a flight. In other words, the requirement
transportation or related services that disability (e.g., exit row seat) and the for a carrier to provide the requested
accommodation applies even if advance to a ticketed passenger who serves as a passengers with the use of on-board
notice has not been provided if it can be safety assistant) where a carrier’s wheelchairs as it accurately describes
accomplished through reasonable efforts assessment that such assistance is the requirement in section 382.39(b)(3).
and this determination is for the carrier, needed is contrary to a disabled Although section 382.39(b)(3) does not
not a passenger, to make. individual’s self-assessment. According explicitly state that assisting a passenger
DOT has modified the language in the to the rule, the attitude of the safety with the use of an on-board wheelchair
TAM regarding service animals to assistant (i.e., willingness to volunteer includes transferring the passenger from
clarify that if a service animal cannot be for free) does not matter. The free- his/her seat to the aisle chair, the
accommodated at the passenger’s transportation provision for safety preamble of the originally issued part
assigned seat then a carrier is required attendants is not new and has been 382, dated March 6, 1990, does make
to offer that passenger another seat in required of carriers since 1990. Of this point clearly. 55 FR 8008. The
the same class of service. The carrier is course, the carrier may select the most preamble to the 1990 rule contains a
not obligated to offer a seat in a better cost-effective manner to comply with detailed discussion on required carrier
class of service (e.g., first class seat the requirement whether that means personnel assistance to persons using
instead of coach seat) to accommodate selecting its own personnel or a non- on-board chairs. It addresses comments
the disability. revenue passenger to serve as a safety from air carrier associations, similar to
DOT declines to modify language in attendant or soliciting volunteer the one made by the commenter on the
the TAM pertaining to information passengers in exchange for a free one- TAM, that carrier personnel should not
carriers should provide passengers with way ticket. be required to assist with the use of an
a disability regarding seats unavailable on-board wheelchair because of risks of
for their use (e.g., exit row seat) and the 5. Chapter 5: Assisting Air Travelers
injury. DOT decided, in 1990, that an
location of seats with a movable With Disabilities Boarding, Deplaning,
on-board chair is not a device in which
armrest. The TAM accurately discusses and During the Flight
an individual with a disability can be
the requirement in section 382.45(a)(1). Delta recommended that, in the independently mobile and carrier
It states that accessibility information section that addresses the stowage and personnel must assist a disabled
pertaining to the specific aircraft treatment of personal equipment used passenger not only by pushing him/her
scheduled for a specific flight is by passengers with a disability, DOT in an on-board chair but also by lifting
required when feasible (emphasis include specific citations to the the passenger onto the on board aisle
added). In addition, the non-mandatory applicable FAA safety regulations and chair when necessary.
word ‘‘should’’ rather than ‘‘must’’ is DOT hazardous materials regulations
used to describe the carriers’ obligation that govern items that can and cannot be 6. Appendix III: Frequently Asked
to provide information about aircraft brought aboard aircraft, e.g., ventilators/ Questions
accessibility for passengers with a respirators, non-spillable batteries. ATA commented that the draft TAM
disability which leaves open the Mexicana believes that the language is inaccurate and misleading when it
possibility that there may be times when in the TAM regarding assisting states that section 382.39 requires
carriers would not be violating passengers with the use of on-board carriers (i) to provide wheelchair
382.45(a)(1) by not providing the wheelchairs inaccurately states that the enplaning help, on request, from the
requested information because it was carrier has the responsibility to transfer curb to the airplane on departure, and
not feasible to do so. a disabled passenger from his or her seat from the airplane back out to the curb
With respect to the comment to the aisle chair to enable him/her to upon arrival; and (ii) to assist a disabled
concerning communicable diseases, move to and from the lavatory. passenger in claiming his or her
DOT cannot change the TAM provision Mexicana requested that DOT include checked luggage before assisting him/
that carriers make a determination as to language in the TAM that states that her in a wheelchair to the curb if
whether a communicable disease poses lifting and carrying a passenger with a requested. ATA noted that these details
a direct threat to the health or safety of mobility impairment from his/her seat are not addressed in the current part 382
others. This requirement is set forth in to an aisle chair is not required to and are the subject of the November 4,
section 382.51(b)(3) and it would not be comply with section 382.39(b)(3). The 2004, NPRM proposing to revise part
appropriate for DOT to change or carrier argued that requiring the lifting 382 to update, reorganize and clarify the
modify an existing requirement set forth or carrying of a passenger to the aisle rule and to implement a statutory
in part 382 through the TAM. The TAM chair from his/her seat could lead to requirement to cover foreign air carriers
is the appropriate vehicle to clarify or serious injury to carrier personnel and/ under the ACAA.
explain the requirements in part 382 to or the passenger. DOT Response: DOT disagrees with
ensure their proper implementation but DOT Response: DOT is not convinced the commenter and views section
is not the appropriate place to add, that it would be useful to provide 382.39 as requiring enplaning assistance
reduce, or change carriers’ obligations. specific citations to FAA safety and from the curb at the entrance to the
Requests for change to carriers’ current DOT hazardous materials regulations terminal to the aircraft and deplaning
obligations regarding communicable with respect to items that can and assistance from the aircraft to the curb
diseases would be more appropriate for cannot be brought aboard aircraft at the exit of the terminal when
consideration in a rulemaking process. because the TAM would need to be requested by a disabled passenger. This
With regard to the attendant issue, amended each time that there is a is not a new DOT interpretation. Also,
DOT disagrees with the commenter and change in the FAA safety or DOT DOT believes that implicit in the
interprets section 382.35 to require a hazardous materials regulations. Also, requirement to provide enplaning,
carrier to cover the cost of carriers may unduly rely on the deplaning and connecting assistance is
transportation for a safety attendant who citations provided in the TAM and not the obligation of carriers to assist
is required by a carrier over the keep up to date on changes in the FAA passengers with disabilities with carry-
objection of a passenger with a safety or DOT hazardous materials on or gate-checked luggage as they go
disability. Carriers are required not to regulations that may occur over time. between connecting flights or between a
charge for the transportation of a safety DOT declines to makes changes to the terminal entrance and a gate. DOT
assistant (including providing a refund language in the TAM regarding assisting acknowledges that these details are
covered in the November 4, 2004, Chapter 2: Learning the Basics About the Law A. Introduction
NPRM as ATA pointed out; however, Protecting Air Travelers With Disabilities
Purpose of the Manual
the NPRM is making a clarification of an Chapter 3: Assisting Air Travelers With
existing requirement and not proposing Disabilities Planning a Trip This manual is a guide to the Air
to establish a new rule. Indeed, the 2004 Carrier Access Act (ACAA) and its
A. Advance Notice
NPRM explains that it is stating the implementing regulations, 14 CFR part
B. Information about the Aircraft
obligation explicitly to avoid any 382 (part 382). It is designed to serve as
C. Mobility Aids and Assistive Devices
misunderstanding. D. Service Animals
a brief but authoritative source of
E. Accommodations for Air Travelers who information about the services,
Discussion of Changes to TAM facilities, and accommodations required
are Deaf, Hard of Hearing, or Deaf-Blind
Unrelated to Public Comments by the ACAA and the provisions of part
F. Communicable Diseases
Received 382. The manual does not expand air
G. Medical Certificates: When are they
Allowed? carriers’ legal obligations or establish
DOT has made several clarifying
H. Your Obligation to Provide Services and new requirements under the law. It
changes to the technical assistance
Equipment contains suggested practices and
manual proposed on April 20, 2005, that
I. Attendants procedures for carriers to use on a
are not based on public comment. The
Chapter 4: Assisting Air Travelers With voluntary basis to implement part 382.
changes consist primarily of the The primary purpose of the manual is
following: (1) Clarifying in the example Disabilities at the Airport
to help you, employees/contractors of
provided in Chapter 2 regarding Adam A. Accessibility of Terminal Facilities and
air carriers and employees/contractors
(a passenger who has had severe Services
of indirect air carriers that provide
epileptic seizures in the past) that B. Security Screenings for Air Travelers with
a Disability
services or facilities to passengers with
airline personnel must reasonably disabilities, to assist those passengers in
believe that there is a real safety risk to C. Air Travelers with a Disability Changing
Planes accordance with the law. Knowing your
him or a direct threat to other legal responsibilities will help ensure
passengers to lawfully deny transport to D. Accommodations for Air Travelers who
are Deaf, Hard of Hearing, or Deaf-Blind consistent compliance with the law and
him; (2) explaining in the example protect the civil rights of air travelers
E. Attendants
provided in Chapter 3 under with disabilities when providing
communicable diseases of a passenger Chapter 5: Assisting Air Travelers With
Disabilities Boarding, Deplaning, and During services, facilities, and accommodations
who appears to have chicken pox that to them.
the Flight
airline personnel should make a Throughout the manual, rather than
determination as to whether the A. Aircraft Accessibility
talking about air carriers’ or indirect air
passenger poses a direct threat to the B. Seating Assignments and
carriers’ employees/contractors such as
health or safety of others based on the Accommodations
C. Boarding and Deplaning Assistance
yourself in the third person, the word
seriousness of the health risk and the ‘‘you’’ is used. In most instances, the
D. Stowing and Treatment of Personal
ease of disease transmittal; and (3) word ‘‘you’’ refers to personnel who
Equipment
suggesting in Chapter 6 that whenever a deal directly with the traveling public.
E. Services in the Cabin
passenger raises a disability-related F. Safety Briefings Moreover, the obligations and
concern that carrier personnel should responsibilities under the law as set
advise the passenger of the existence of Chapter 6: Assisting Air Travelers With
Disabilities With Their Complaints forth in the manual must be read within
the Department’s aviation consumer the context of each specific employee’s
disability hotline for resolving issues A. Complaint Procedures and Complaints duties on the job.
related to disability accommodations. Resolution Officials (CRO’s)
A second purpose of this manual is to
DOT believes that these changes to the B. Process to Resolve Complaints
offer air travelers with disabilities
TAM will make it a more useful C. General Complaint Resolution Tips
D. Recording, Categorizing, and Reporting
information about their rights under the
document. ACAA and the provisions of part 382.
Written Disability-related Complaints
Issued this 8th day of July, 2005, at Received by Carriers Accordingly, in addition to the other
Washington DC. useful information in this manual,
Chapter 7: Interacting With People With
Samuel Podberesky, Appendix I contains a list of ‘‘Tips for
Disabilities
Air Travelers with Disabilities’’ to help
Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S.
Indices ensure a smooth and comfortable trip. In
Department of Transportation. Alphabetical Index addition, Appendix III provides a list of
Part 382 Index ‘‘Frequently Asked Questions’’ and
What Airline Employees, Airline answers and Appendix IV contains a list
Contractors, and Air Travelers With Appendices
of ‘‘Recent DOT Enforcement Orders
Disabilities Need To Know About I. Tips for Air Travelers With Disabilities Related to the ACAA.’’ These DOT
Access to Air Travel for Persons With II. Airline Management-Related Issues enforcement orders are useful because
Disabilities III. Frequently Asked Questions they provide examples in which DOT
IV. Recent DOT Enforcement Orders Related has interpreted some of the provisions
A Guide to the Air Carrier Access Act to the ACAA of the ACAA and part 382 under
(ACAA) and Its Implementing V. 14 CFR Part 382
particular circumstances.
Regulations, 14 CFR Part 382 (Part 382) VI. DOT Guidance Concerning Service
Animals in Air Transportation B. Background
Table of Contents
Chapter 1: Understanding How To Use This Chapter 1: Understanding How To Use U.S. Air Carriers
Manual This Manual In 1986, Congress passed the ACAA,
A. Introduction A. Introduction which prohibits discrimination by U.S.
B. Background B. Background air carriers against qualified individuals
C. Keyword Definitions C. Keyword Definitions with disabilities. 49 U.S.C. 41705. In
1990, the Department of Transportation been thoroughly considered by DOT and take in an effort to provide superior
(DOT) issued part 382, the regulations incorporated where appropriate. customer service to passengers with
defining the rights of passengers with disabilities. Legal requirements are
ACCESS
disabilities and the obligations of U.S. generally designated by the words,
air carriers under the ACAA. Since then, A step-by-step process for resolving ‘‘must’’ or ‘‘shall’’ in the manual. Words
these regulations have been amended a issues involving passengers with such as ‘‘should’’ or ‘‘may’’ indicate
number of times. DOT has also issued disabilities appears later in this manual. accommodations that part 382 does not
guidance to air carriers on the ACAA Whether the issue is a matter of law, require but that DOT recommends and
and part 382 in a variety of ways: customer service, or both, the ACCESS that you may decide to provide as a
preambles to regulatory amendments, checklist will be useful in identifying matter of good customer service.
industry letters, correspondence with the needs of passengers with disabilities
Safety
individual carriers or complainants, and determining what accommodations
enforcement actions, Web site postings, the air carriers are required to provide Where applicable, this manual
and informal conversations with the as a matter of law. See Chapter 6, discusses how to properly and lawfully
public and air carriers. section B. consider aircraft and passenger safety
when providing transportation to
Foreign Air Carriers How To Use This Manual passengers with disabilities. Part 382
On April 5, 2000, the Wendell H. Ford This manual is structured in the same does not require or authorize you to
sequence as the steps a passenger would disregard FAA safety regulations. Where
Aviation Investment and Reform Act for
encounter on a trip, i.e., requirements different treatment of passengers with
the 21st Century (‘‘AIR–21’’; Pub. L.
concerning disabilities or other restrictions are
106–181) amended the ACAA to cover
foreign air carriers. Although a final rule • Planning a flight, mandated by an FAA safety regulation,
• The airport experience, part 382 allows you to comply with the
modifying part 382 to cover foreign air
• Enplaning, deplaning, and making FAA safety regulation. For example, if
carriers has not yet been issued, in May
connections, an FAA safety rule provides that only
2000 DOT’s Office of the Assistant
• Services during a flight, and persons who can perform certain
General Counsel for Aviation
• Responding to disability-related functions can sit in an exit row, then
Enforcement and Proceedings
complaints. you can request that an individual
(Enforcement Office) issued a notice unable to perform those functions
informing the public of its intent to use This manual contains the following
tools to assist you in quickly and easily (regardless of whether that individual
the provisions of part 382 as guidance has a disability) sit in another row. If the
in investigating any complaints of non- finding the answer to your questions:
• A Table of Contents at the passenger refuses, you can properly
compliance with the ACAA by foreign deny transportation to such passengers.
carriers. In addition, in July 2003 DOT beginning of the manual;
• An Alphabetical Index at the back However, where an optional carrier
amended part 382 by adding a new action that is not required by FAA rules
section, 382.70, that requires both U.S. of the manual; and
• A part 382 Index listing the would result in different treatment of
carriers and foreign carriers to record passengers with disabilities, or in other
and report to DOT on written disability- citations to part 382 at the back of the
manual. restrictions, then the ACAA and the
related complaints that they receive. At provisions of part 382 prohibit you from
the present time, section 382.70 is the Also, the following appendices appear
at the end of the manual: implementing the optional carrier action
only provision of part 382 that even if it might ensure safety. For
specifically states that it applies to • Appendix I: ‘‘Tips for Air Travelers
instance, suppose ABC Airways
foreign carriers. Finally, a notice of with Disabilities’’ as they relate to the
required only passengers with
proposed rulemaking (NPRM) proposing most commonly-used accommodations,
disabilities—not all passengers—to
to extend the other provisions of part facilities, and services that carriers are
provide correct answers to a quiz about
382 to foreign carriers was published on required to make available to such
the content of a safety briefing and a
November 4, 2004. Therefore, while the passengers;
passenger with a disability either
majority of this manual does not • Appendix II: A list of concerns
refused to respond or failed such a quiz.
expressly apply to foreign carriers, they applicable mainly to air carrier
It would not be appropriate to deny
should look to this document and part management, as opposed to frontline
transportation to a passenger with a
382 in satisfying their general customer service personnel;
disability on such grounds unless the
nondiscrimination obligations under • Appendix III: A list of ‘‘Frequently
carrier’s policies and procedures
AIR–21 and DOT’s May 2000 guidance. Asked Questions’’ and answers;
consistently treated all passengers in a
• Appendix IV: A list of ‘‘Recent DOT
Development of Technical Assistance similar manner.
Enforcement Orders Related to the In short, part 382 is consistent with
Manual ACAA’’; FAA safety requirements as it allows
In 2000, Congress required DOT to • Appendix V: The full text of part you to follow FAA safety rules and to
create a technical assistance manual to 382; and ensure that the safe completion of the
provide guidance to individuals and • Appendix VI: The DOT document flight or the health and safety of other
entities with rights or responsibilities ‘‘Guidance Concerning Service Animals passengers are not jeopardized.
under the ACAA. This manual responds in Air Transportation.’’ Determinations about whether an FAA
to that mandate. In creating this manual, Themes of This Manual rule requires different treatment of a
DOT held meetings with representatives passenger with a disability for safety
from the disability community, air Legal Requirements and Customer reasons often depend on the
carriers, and organizations that contract Service circumstances you encounter.
with air carriers to provide disability- This manual highlights the difference Therefore, it is important that you seek
related services. Those who attended between actions you must take information from passengers with
the meetings made suggestions for this according to the law as stated in part disabilities and their traveling
manual. All of these suggestions have 382 and actions that you may choose to companions and make a reasonable
judgment considering all available part 382 when providing services, passengers with disabilities or to handle
information. equipment, and other accommodations baggage. [Sec. 382.7]
The FAA safety mandates can be to passengers with disabilities. If you do Contractor Employee: An individual
found in the Code of Federal not follow the mandates of the ACAA that works for an organization that has
Regulations (14 CFR parts 60 through and part 382, the air carrier is subject to a business arrangement with one or
139), FAA guidance interpreting these enforcement action by DOT for your more air carriers to provide services,
regulations, and Airworthiness failure. facilities, and other accommodations to
Directives (see http://www.faa.gov, click passengers with disabilities. [Sec. 382.7]
on ‘‘Aircraft Guidance’’ and then click C. Keyword Definitions
Department or DOT or U.S.
on ‘‘Airworthiness Directives’’). Following is a list of key words whose Department of Transportation: The
Security definitions will help you fully Federal agency that works to ensure a
understand this manual. fast, safe, efficient, accessible, and
This manual addresses security Air Carrier: Any United States convenient transportation system that
procedures, particularly those enacted company that provides air meets the Nation’s vital national
after the terrorist hijackings and tragic transportation, either directly or interests and enhances the quality of life
events of September 11, 2001, which indirectly or by a lease or any other of the American people. DOT has nine
affect or may affect the types of arrangement. [Sec. 382.5] operating administrations, in addition to
accommodations and services provided Air Carrier Airport: A public, the Office of the Secretary of
to passengers with disabilities. Similar
commercial service airport which Transportation (OST): Bureau of
to the situation involving FAA safety
enplanes annually 2,500 or more Transportation Statistics, Federal
requirements, part 382 is consistent
passengers and receives scheduled air Aviation Administration (FAA), Federal
with security requirements mandated by
service. [Sec. 382.5] Highways Administration, Federal
the Transportation Security
Air Transportation: Interstate, Railroad Administration, Federal
Administration (TSA). For example,
TSA has strict rules as to which persons overseas, or foreign air transportation, or Transit Administration, Maritime
can go beyond the screener checkpoints, the transportation of mail by aircraft, as Administration, National Highway
but these TSA rules are consistent with defined in the Federal Aviation Act Transportation Safety Administration,
part 382 and do not invalidate your (recodified as 49 U.S.C. 40101 et seq.). Research and Special Programs
obligation to provide enplaning and [Sec. 382.5] Administration, and the St. Lawrence
deplaning assistance requested by Assistive Device: Any piece of Seaway Development Corporation. [Sec.
passengers with disabilities, including equipment that assists a passenger with 382.5] The responsibility for
assistance beyond screener checkpoints. a disability in carrying out a major life implementing the ACAA resides in
You do have discretion in how that activity. Assistive devices are those OST.
assistance is provided. You can provide devices or equipment used to assist a DOT Disability Hotline or Hotline:
(i) a ‘‘pass’’ allowing an individual who passenger with a disability in caring for The toll free telephone hotline system
needs to assist a passenger with a himself or herself, performing manual that provides general information about
disability to go through the screener tasks, walking, seeing, hearing, the rights of air travelers with
checkpoint without a ticket; (ii) speaking, breathing, learning, working, disabilities, responds to requests for
assistance directly to the passenger; or or performing other functions of daily information, and assists air travelers
(iii) both. life. Assistive devices may include with time-sensitive disability-related
medical devices, medications, and bags issues. Members of the public may call
Contractors or cases used to carry them. 1–800–778–4838 (voice) or 1–800–455–
This manual recognizes the important Complaints Resolution Official (CRO): 9880 (TTY) from 7 a.m. to 11 p.m.
role that contractors play in providing One or more individuals designated by Eastern time, seven days a week to
services, equipment, and other each air carrier who must be thoroughly receive assistance regarding air travel by
accommodations to passengers with familiar with the requirements of part individuals with disabilities.
disabilities. A contactor is an entity that 382 and the air carrier’s policies and FAA: The Federal administration that
has a business arrangement with an air procedures addressing part 382 and the oversees the safety of our Nation’s civil
carrier to perform functions that the provision of services, facilities, and aviation system. Safety is the first and
ACAA and part 382 would otherwise accommodations to passengers with foremost mission of the FAA and
require the air carrier to perform with its disabilities. A CRO must have the includes the issuance and enforcement
own employees. Contractors provide a authority to resolve disability-related of regulations and standards related to
variety of services on behalf of air complaints on behalf of an air carrier. A the manufacture, operation,
carriers in furnishing assistance to CRO must be available to address certification, and maintenance of
persons with disabilities. For example, disability-related complaints presented aircraft. [Sec. 382.5]
contractors often provide wheelchair by passengers or other individuals. A Facility: All or any portion of aircraft,
service, assist passengers with CRO must be available [1] in person at buildings, structures, equipment, roads,
disabilities on and off aircraft, transport the airport; or [2] via telephone or TTY walks, parking lots, and any other real
passengers with disabilities between at all times an air carrier is operating. or personal property, normally used by
departure gates, and work as baggage [Sec. 382.65] passengers or prospective passengers
handlers who handle passengers’ Contractor: A contactor is an entity visiting or using the airport, to the
wheelchairs and other assistive devices. that has a business arrangement with an extent that the carrier exercises control
Contractors must provide the same air carrier to perform functions that the over the selection, design, construction,
services, equipment, and other air carrier would otherwise be required or alteration of the property. [Sec. 382.5]
accommodations required of an air to perform with its own employees Indirect Air Carrier: A company not
carrier and its employees by the ACAA under the ACAA and part 382. For directly involved in the operation of an
and part 382. As an employee of a example, carriers often have business aircraft that sells air transportation
contractor, you are therefore required to arrangements with companies to services to the general public, such as
follow the mandates of the ACAA and provide wheelchair service to tour and charter operators. [Sec. 382.5]
Individual with a Disability: Any TDD device, or a computer screen using Physical impairments include (1)
individual who: specialized TTY software. A TTY may physiological disorders or conditions;
• Has a physical or mental also be used to place a relay call to a (2) cosmetic disfigurements; or (3)
impairment that, on a permanent or party with a regular telephone. See anatomical loss affecting one or more of
temporary basis, Chapter 4, Section D. the following body systems:
• Substantially limits one or more Transportation Security neurological, musculoskeletal, special
major life activities, Administration (TSA): An sense organs, respiratory including
• Has a record of such an impairment, administration within the Department of speech organs, cardiovascular,
or Homeland Security that is charged with reproductive, digestive, genitourinary,
• Is regarded as having such an protecting the security of the Nation’s hemic and lymphatic, skin, and
impairment. [Sec. 382.5] transportation systems to ensure endocrine.
Qualified Individual with a Disability: freedom of movement for people and
An individual with a disability who: commerce. The Aviation and Examples of physical impairments
• Accompanies or meets a traveler Transportation Security Act, signed into include orthopedic, visual, speech, and
using airport facilities; law on November 19, 2001, brought hearing impairments, cerebral palsy,
• Seeks information about schedules, airport security (including the epilepsy, muscular dystrophy, multiple
fares, or policies; responsibility to hire, train, manage, and sclerosis, cancer, heart disease, diabetes,
• Attempts to use facilities or services discipline security screeners) under the HIV disease, drug addition, and
offered to the general public by an air direct authority of the TSA. alcoholism.
carrier; Mental impairments include mental
• Has a ticket, or makes a good faith Chapter 2: Learning the Basics About or psychological disorders, such as
attempt to buy a valid ticket for a flight; the Law Protecting Air Travelers With mental retardation, organic brain
• Arrives with a valid ticket for the Disabilities syndrome, emotional or mental illness,
flight; and • What does the Air Carrier Access and specific learning disabilities.
• Meets reasonable, Act (ACAA) say? The ACAA prohibits Physical characteristics such as the
nondiscriminatory requirements U.S. and foreign air carriers from color of one’s eyes, hair, or skin,
applicable to all passengers. [Sec. 382.5] discriminating against an air traveler baldness, and left-handedness do not
Service Animal: Any animal that is
with a disability on the basis of such constitute physical impairments.
individually trained or able to provide
disability (49 U.S.C. 41705). Similarly, neither age nor obesity alone
assistance to a qualified person with a
• What is 14 CFR Part 382 (part 382)? constitutes a physical impairment.
disability or any animal shown by
Part 382 is a detailed set of rules that Disadvantages due to cultural or
documentation to be necessary for the
define air carriers’ responsibilities economic factors are not covered by part
emotional well being of a passenger.
under the ACAA and ensures that 382. Moreover, the definition of
With respect to emotional support
individuals with disabilities will be ‘‘physical or mental impairment’’ does
animals, although carriers may require
treated without discrimination not include personality traits such as
documentation to verify that an animal
consistent with the safe carriage of all poor judgment or a quick temper, where
is an emotional support animal, such
passengers. these are not symptoms of a mental or
documentation is not required under the
law. • Who has to follow part 382? The psychological disorder.
Dogs, cats, and monkeys are among following organizations and individuals • What is a substantial limitation on
those that have been individually must comply with part 382: (1) Air major life activities? To qualify as a
trained and act as service animals. carriers and their employees (e.g., ticket ‘‘disability’’ under part 382 a condition
Service animals may assist people with and gate agents, flight attendants, or disease must substantially limit a
disabilities by, for example: baggage handlers, pilots, etc.); (2) major life activity. Major life activities
• Guiding persons with vision authorized agents of an air carrier (e.g., include, but are not limited to, activities
impairments; travel agents); (3) organizations and such as caring for oneself, performing
• Alerting persons with deafness to their employees that have business manual tasks, walking, seeing, hearing,
specific sounds; arrangements with air carriers to speaking, breathing, learning, and
• Alerting persons with epilepsy of provide disability-related services (e.g., working.
imminent seizure onset; wheelchair service, baggage handling, • When does an impairment
• Pulling a wheelchair; etc.); and (4) indirect air carriers and ‘‘substantially limit’’ a major life
• Assisting persons with mobility their employees (e.g., tour operators) activity? There is no absolute standard
impairments with balance; and that provide facilities, services, or other for determining when an impairment is
• Providing emotional support for accommodations to passengers with a substantial limitation. Some
persons with disabilities. [Sec. 382.55] disabilities. impairments obviously limit the ability
Text Telephones (TTY) or • Who is protected by part 382? Part of an individual to engage in a major life
Telecommunications Devices for the 382 protects three categories of activity.
Deaf (TDD): TTYs, also called TDDs, are individuals with disabilities: (1) Example 1: A person who is deaf is
devices that allow individuals who are Individuals who have a physical or substantially limited in the major life activity
unable to use a regular telephone to mental impairment that, on a permanent of hearing.
make or receive telephone calls by or temporary basis, substantially limits Example 2: A person with traumatic brain
enabling them to type their one or more major life activities; (2) injury may be substantially limited in the
conversations. The TTY benefits people individuals who have a record of such major life activities of: (a) caring for himself
impairment; and (3) individuals who are or herself; and (b) working, because of
who are deaf, hard of hearing, or speech
memory deficiency, confusion, contextual
impaired and individuals seeking to regarded as having such an impairment,
difficulties, and the inability to reason
communicate with them. The whether they have the impairment or appropriately.
conversation is typed back and forth not. Example 3: An individual who is
and is displayed on a lighted display • What is a physical or mental paraplegic may be substantially limited in
screen, a paper print-out in the TTY/ impairment? the major life activity of walking.
• Are temporary mental or physical Example 1: John, an individual with a mild disability. However, you may ask
impairments covered by part 382? Yes. heart condition controlled by medication, is questions about an individual’s ability
denied transportation because airline to perform specific air travel-related
Example: While on a skiing trip, Jane personnel believe that flying will cause John
breaks her leg and is placed in a cast that functions, such as enplaning, deplaning,
to have heart problems necessitating
keeps her from bending her leg and walking diversion of the aircraft during flight. John is walking through the airport, etc.
without the use of crutches. Jane will not substantially limited in any major life Example 1: You may not ask a person,
eventually recover the full use of her leg, but activity by his condition. John has informed ‘‘What is your disability?’’ You may not ask,
in the meantime she is substantially limited the air carrier personnel that his heart ‘‘Do you have diabetes?’’
in the major life activity of walking. Because condition is controlled by medication and Example 2: You may ask, ‘‘Can you walk
Jane’s broken leg will substantially limit a that for the past five years he has flown on from the gate area to your aircraft seat?’’ You
major life activity for a time, Jane would be a near weekly basis without incident. Even may ask, ‘‘Are you able to transfer from the
considered to have a disability covered by though John does not actually have an aisle chair over a fixed aisle seat armrest?’’
part 382 during that time. You would be impairment that substantially limits a major You may ask, ‘‘Can you walk from this gate
required to provide her certain services and life activity, he is protected by the provisions to your connecting gate?’’ You may ask (by
equipment under part 382 if requested (e.g., of part 382 because he is treated as though writing a note if necessary), ‘‘Do you need me
enplaning and deplaning assistance, to notify you if I make any announcements
he does. The airline personnel’s refusal to
connecting wheelchair assistance, seating over the public address speaker?’’
provide transportation to John must be
with additional leg room in the same class of Example 3: Susan asks for a bulkhead seat
reasonable under the facts and circumstances
service to the extent required by part 382, because the condition of her leg necessitates
presented. Arguably, excluding John from the
safe stowage of her crutches in the aircraft her need for greater legroom. You may ask,
flight was unreasonable because John had
cabin in close proximity to the passenger). ‘‘Are you unable to bend your leg or is your
informed the airline employee that he was
• Who is a person with a ‘‘record of’’ taking medication and that he had flown leg fused or immobilized?’’ [Sec. 382.38]
a disability under part 382? Part 382 frequently in the recent past without • What are some of the requirements
protects individuals from incident. The reasonableness of the decision of part 382 that you should be aware of?
discrimination who have a ‘‘record of’’ depends on John’s credibility and any
additional information provided. Regardless Following are some of the principal
(history of) a physical or mental requirements of part 382. It is important
of the reasonableness of the decision, the
impairment that substantially limits a airline employee is legally required under to note that the requirements of part 382
major life activity or who have been section 382.31(e) to provide a written listed below are not meant to be
classified, or misclassified, as having explanation to John within 10 calendar days exhaustive. Rather, it is a list of
such an impairment. Therefore, setting forth the specific safety or other requirements governing situations that
individuals who do not have an actual reason(s) for excluding John from the flight. you are likely to encounter on a regular
current impairment that substantially Example 2: Karen, an individual born with basis.
limits a major life activity would still be a prominent facial disfigurement, has been • You must not discriminate against
protected under part 382 based upon a refused transportation on the grounds that
qualified individuals with a disability.
past diagnosis (or a misdiagnosis) of an her presence has upset several passengers
who have complained to gate agents about [Sec. 382.7(a)(1)] You must not require
impairment that substantially limits a her appearance. Karen’s physical a passenger with a disability to accept
major life activity. Individuals with a disfigurement becomes substantially limiting special services (including, but not
history of cancer or epilepsy are only as a result of the attitudes of others and limited to, pre-boarding) not requested
examples of people with a record of she is protected by the provisions of part 382. by the passenger. [Sec. 382.7(a)(2)]
impairment. Refusing to provide transportation to Karen Instead, you may ask a passenger with
would violate section 382.31 because you a disability if he or she would like a
Example: Adam, a passenger who has had
must not refuse to provide transportation to particular service, facility, or other
severe epileptic seizures in the past that
a qualified individual with a disability, such
rendered him unable to work, is denied
as Karen, solely because her appearance may
accommodation. In addition, you must
transportation by airline personnel because not exclude a qualified individual with
of their concern that he may have a seizure offend or annoy other passengers. As in the
example above, and regardless whether the a disability from or deny the individual
on board the aircraft. This denial of the benefit of any air transportation or
transportation would be unlawful if based decision to refuse transportation was correct,
solely on the fact that Adam has had seizures you must provide Karen with a written related services that are available to
in the past, because epilepsy may be explanation of the specific basis for the other passengers. [Sec. 382.7(a)(3)] For
controlled by medication. Airline personnel refusal within 10 calendar days of the example, if you choose to provide
can lawfully deny transport to Adam only if incident. ground transportation and overnight
they reasonably believe, based on the • How do I determine whether a accommodations to passengers because
information available, that his seizure person is an individual with a of a flight cancellation, you must ensure
disorder poses a real safety risk to him or disability? Provide an opportunity for that the ground transportation to the
direct threat to other passengers.
the passenger to self-identify by asking hotel, and the hotel itself, are accessible
• When is a person ‘‘regarded as’’ how you can best assist him or her. to a passenger with a disability.
having a disability? Part 382 also • How do I assist a passenger with a • You must not refuse transportation
protects an individual who is ‘‘regarded disability? Ask the passenger how you to a passenger solely on the basis of a
as’’ having a physical or mental can best assist him or her. A passenger disability. [Sec. 382.31(a)]
impairment that substantially limits a with a disability has the most • You must provide transportation to
major life activity, whether or not that information about his or her abilities, an individual with a disability who has
person actually has an impairment. limitations, level of familiarity with the an impairment that affects his or her
People can be ‘‘regarded as’’ disabled if: airport and airline, and needs in appearance or results in involuntary
(1) Their non-limiting or slightly connection with traveling by air. behavior except under limited
limiting impairments are viewed by • May I ask an individual what his or circumstances specified below. You
others as substantially limiting; (2) they her disability is? Only to determine if a must provide transportation to such
have no impairments but are viewed by passenger is entitled to a particular individuals with disabilities even if the
others as having a substantially limiting seating accommodation pursuant to disability may offend, annoy, or
impairment; or (3) their impairments section 382.38. Generally, you may not inconvenience crewmembers or other
become substantially limiting because of make inquiries about an individual’s passengers. [Sec. 382.31(b)] However, if
the attitudes of other people. disability or the nature or severity of the the person’s disability results in
involuntary behavior that would or items of sufficient size to accommodate means, for example, you must not ask
might be inimical to the safety of the a folding, collapsible, or break-down for a tip when providing wheelchair
flight, then the person may properly be wheelchair, the carrier must designate service to a passenger. You may,
refused transportation. [Sec. 382.31(d)] priority stowage space for at least one however, impose a reasonable charge for
• You shall not limit the number of wheelchair in that area. A passenger services not required by part 382, i.e.,
individuals with disabilities on a with a disability who takes advantage of optional services. Examples of such
particular flight. [Sec. 382.31(c)] the offer of the opportunity to pre-board optional services include medical
• If transportation of a passenger with may stow his or her wheelchair in this oxygen for use on board an aircraft or
a disability would endanger the safety of area with priority over other carry-on stretcher service. [Sec. 382.57]
the aircraft or the health or safety of its items brought onto the aircraft by other • When am I required to provide
passengers or violate an FAA safety passengers and flight crew enplaning at disability-related accommodations to an
regulation, you may refuse the same airport. A passenger with a individual? You are required to provide
transportation to the individual with a disability who does not pre-board may such an accommodation when: (1) an
disability. [Sec. 382.31(d)] use this space to stow his or her individual with a disability or someone
• You shall not require a passenger wheelchair on a first-come, first-served acting on his or her behalf, such as a
with a disability to travel with an basis along with other passengers travel companion, family member, or
attendant or to present a medical stowing their carry-on items. [Sec. friend, requests an accommodation
certificate, except in very limited 382.41(e)(2)] required by part 382; or (2) you offer
circumstances. [Secs. 382.35(a) and • You must have a copy of Part 382 such a required accommodation to a
382.53(a)] available at every airport you serve. passenger with a disability and he or
• You shall not exclude a passenger Upon request by a passenger at the she accepts such accommodation.
with a disability from any seat in an exit airport, you must make a copy available
or other row solely on the basis of his for review. [Sec. 382.45(d)] Chapter 3: Assisting Air Travelers With
or her disability except to comply with • You must provide blind or visually- Disabilities Planning a Trip
FAA safety rules. FAA safety rules impaired passengers and passengers A. Advance Notice.
establish criteria that must be met in who are deaf, hard of hearing, or deaf- B. Information about the Aircraft.
order for a passenger to occupy a seat blind, timely access to the same C. Mobility Aids and Assistive Devices.
in the emergency exit rows. [14 CFR information given to other passengers at D. Service Animals.
121.585] If a passenger with a disability the airport or on the airplane. This E. Accommodations for Air Travelers who
meets these FAA criteria, he or she must includes, but is not limited to, are Deaf, Hard of Hearing, or Deaf-Blind.
information concerning gate F. Communicable Diseases.
be allowed to sit in an emergency exit
G. Medical Certificates: When are They
row. As with any other passenger, you assignments, delayed flights, and safety. Allowed?
must look at the individual passenger [Secs. 382.45(c) and 382.47] H. Your Obligation to Provide Services and
with a disability and reasonably assess • You must allow service animals to Equipment.
whether he or she meets FAA criteria accompany passengers with disabilities I. Attendants.
for exit-row seating. [Sec. 382.37(a)] in the cabin consistent with FAA safety
• You must provide timely enplaning, requirements. You must allow the A. Advance Notice
deplaning, and connecting assistance to service animal to sit in close proximity You cannot require passengers with
passengers with disabilities requesting to its user, as long as the service animal disabilities to provide advance notice of
such assistance. As part of this duty, does not block the aisle or other their intention to travel or of their
you must provide equipment (e.g., emergency evacuation route in violation disability except as provided below.
wheelchairs, electric carts, and aisle of FAA safety regulations. Often this [Sec. 382.33(a)]
chairs) and personnel (e.g., individuals will mean that the service animal will
sit under the seat in front of the disabled Advance Notice Only for Particular
to propel wheelchairs and aisle chairs
passenger to avoid obstructing an aisle Services and Equipment
and individuals to assist passengers
with disabilities in carrying and stowing or other space. Some service animals are You may require up to 48 hours’
their baggage). [Secs. 382.39(a)(1) and held by their users in their arms as an advance notice and one hour’s advance
382.39(b)(5)] adult would hold a human infant check-in from a passenger with a
• You must allow a passenger with a (limited to infants under two years of disability who wishes to receive the
disability to stow his or her cane or age) of roughly the same size. [Sec. following services:
other assistive device inside the cabin of 382.55] • Transportation for a battery-
the aircraft close to his or her seat if it • You must make available a powered wheelchair on an aircraft with
fits, consistent with FAA safety rules on Complaints Resolution Official (CRO) at fewer than 60 seats;
carry-on items. [Sec. 382.41(c)] the airport—in person or by telephone • Provision by the carrier of
• You must allow passengers to safely or TTY—to address disability-related hazardous materials packaging for the
stow their wheelchairs or parts of complaints that arise during the travel battery of a wheelchair or other assistive
wheelchairs (e.g., wheels, seats, etc.) in process at all times when your flights device;
the overhead bin or under seats. [Sec. are operating at that airport. You must • Accommodations for 10 or more
382.41(e)(1)] provide a CRO to a passenger even if the passengers with disabilities who travel
• You must ensure that there is space passenger does not use the term as a group; and
for at least one passenger with a ‘‘Complaints Resolution Official’’ or • Provision of an on-board
disability to stow a folding wheelchair ‘‘CRO.’’ When a passenger with a wheelchair on an aircraft that does not
in the cabin of the aircraft if the aircraft disability uses words such as have an accessible lavatory for
has a designed seating capacity of 100 ‘‘supervisor,’’ ‘‘manager,’’ ‘‘boss,’’ or passengers with disabilities who can use
or more seats and the aircraft was ‘‘disability expert’’ in connection with an inaccessible lavatory but need an on-
ordered after April 5, 1990, or delivered resolving a disability-related issue, you board chair to do so. [Secs. 382.33(b)(5)–
after April 5, 1992. [Sec. 382.21(a)(2)] must provide a CRO. [Sec. 382.65] (8)]
• If there is a closet or other approved • You must not charge for services Example: While making his reservation, a
stowage area for passengers’ carry-on that are required by part 382. This passenger with a disability gave the
reservation agent 48 hours’ advance notice business. One day, he finds out that he has Under these circumstances, you must, to
that he would need an aisle chair to access an important business meeting in New York the maximum extent feasible, assist in
the lavatory on his upcoming flight. The and must travel up to New York that providing the accommodation originally
flight is on an aircraft with more than 60 afternoon. He has no time to provide advance requested by the passenger with a
seats and it does not have an accessible notice regarding the transportation of his
lavatory. During the call, the passenger is battery-powered wheelchair and arrives at
disability. [Sec. 382.33(f)]
made aware of the fact that the lavatory is the gate 45 minutes before his flight is B. Information About the Aircraft
inaccessible, but explains that he can use an scheduled to depart. The aircraft for the flight
inaccessible lavatory as long as he has access has fewer than 60 passenger seats. What You should be familiar with and be
to a carrier-provided aisle chair. Because the should you do? able to provide information about
passenger has complied with the advance Carriers may require 48 hours’ advance aircraft accessibility for passengers with
notice requirement here, normally this notice and one-hour advance check-in for a disability when they request this
information would have been entered into transportation of a battery-powered information. [Secs. 382.21 and 382.45]
the passenger’s reservation record (otherwise wheelchair on a flight scheduled to be made When feasible, you should provide
known as the passenger name record (PNR)) on an aircraft with fewer than 60 seats. information pertaining to a specific
by the carrier and the request for an aisle Carriers may require the same advance notice
aircraft to be used for a specific flight.
chair would have been handled through that for provision of hazardous materials
notification process. You are a new gate agent packaging for a battery. However, airline In general, you must take into account
for your carrier and when this passenger personnel are required to make reasonable safety and feasibility when seating
approaches you at the gate more than an hour efforts to accommodate a passenger who fails passengers with disabilities. [Secs.
before the scheduled departure time of the to provide the requisite notice to the extent 382.37(a) and 382.38(j)]
flight and asks about the aisle chair, you are it would not delay the flight. Therefore, you If requested, you should be able to
not sure how to reply. What should you do? must make a reasonable effort to provide information on the following:
To begin, as a matter of good customer accommodate Mr. Thomas as long as it • Any limitations concerning the
service, you should tell the passenger that would not delay the flight. ability of the aircraft to accommodate an
you are not sure but you will find out for Mr. Thomas is a frequent traveler on this individual with a disability;
him. You should ask a colleague and, if particular route and he knows that usually it • The location of seats, if any, in a
necessary, contact a CRO. When you ask your is feasible to load, store, secure, and unload
colleague, you are told that all aircraft with his battery-powered wheelchair and spillable
row with a movable aisle armrest and
more than 60 seats in your carrier’s fleet battery in an upright position [Sec. any seats which the carrier does not
maintain an in-cabin aisle chair. Once you 382.41(g)(2)] or detach, ‘‘box’’, and store the make available to individuals with a
receive this information you should assure spillable battery [Sec. 382.41(g)(3)] within disability (e.g., exit rows);
the passenger that an aisle chair is available about 20–25 minutes. If this is the case, you • Any limitation on the availability of
so he can use the inaccessible lavatory on the must accommodate Mr. Thomas, his battery- storage facilities in the cabin or in the
aircraft. powered wheelchair, and the spillable cargo bay for mobility aids or other
battery even though Mr. Thomas did not equipment commonly used by an
Advance Notice for Optional Services provide advance notice, since doing so
and Equipment individual with a disability; and
would not delay the flight. • Whether the aircraft has a lavatory
Although carriers are not required to Example 2: Ms. Webster must travel with
accessible to passengers with a
provide the following services or medical oxygen and shows up at the airport
without providing advance notice of her need disability.
equipment, if they choose to provide for medical oxygen. As a policy, your carrier
them, you may require 48 hours’ C. Mobility Aids and Assistive Devices
does not provide medical oxygen on any
advance notice and one hour’s advance flights. What should you do? If, in assisting a passenger with a
check-in for: To begin, you should confirm that your disability, a carrier employee or
• Medical oxygen for use on board carrier does not provide the optional service contractor takes apart the passenger’s
the aircraft; of medical oxygen for use on board a flight. mobility aid or assistive device (e.g., a
• Carriage of an incubator; If no medical oxygen service is available on wheelchair), another carrier employee
• Hook-up for a respirator to the your carrier, you should explain this to Ms. or contractor must reassemble it and
aircraft’s electrical power supply; and Webster and tell her that the carrier cannot ensure its prompt return to the
• Accommodation for a passenger accommodate her.
As a matter of customer service, you may
passenger with a disability in the same
who must travel on a stretcher. [Secs. condition in which the carrier received
direct Ms. Webster to another carrier that
382.33(b)(1)–(4)] does provide medical oxygen service in that it. [Secs. 382.43(a) and (b)] You must
If appropriate advance notice has market. The passenger should be aware, permit passengers with a disability to
been given and the requested service is however, that the provision of medical provide written instructions concerning
available on that particular flight, you oxygen involves coordination with the the disassembly and reassembly of their
must ensure that the service or passenger’s physician to determine the flow wheelchairs. [Sec. 382.41(h)] You
equipment is provided. rate and the amount of oxygen needed and cannot require passengers with
arranging for the delivery of the oxygen by disabilities to sign a waiver of liability
Make a Reasonable Effort To the carrier to the point of origin of the
Accommodate, Even Without Advance passenger’s trip. Therefore, normally, it is not
for damage to or loss of wheelchairs or
Notice possible to accommodate a passenger who other assistive devices. [Sec. 382.43(c)]
needs medical oxygen on a flight unless the However, you may note preexisting
In addition, even if a passenger with advance notice is provided because the damage to wheelchairs or other assistive
a disability does not meet the advance accommodation cannot be made without devices.
notice or check-in requirement, you delaying the flight.
must make a reasonable effort to furnish D. Service Animals 1
the requested service or equipment, If Aircraft Is Substituted, Make an Effort A service animal is (i) an animal
provided that making such To Accommodate individually trained and which
accommodation would not delay the Even if a passenger with a disability performs functions to assist a person
flight. [Secs. 382.33(c) and (e)] provides advance notice, sometimes with a disability; (ii) an animal that has
Example 1: Mr. Thomas uses a battery- weather or mechanical problems require been shown to have the innate ability to
powered wheelchair. He travels frequently cancellation of the flight altogether or
between Washington, DC, and New York for the substitution of another aircraft. 1 See also Appendix VI.
assist a person with a disability, e.g., a • Identification cards or other written barking and nipping at other passengers in
seizure alert animal; or (iii) an documentation. [Sec. 382.55(a)(1)] the waiting area. What should you do?
emotional support animal. You should Keep in mind that passengers Since you have already made the
be aware that there are many different accompanied by service animals may determination that the hearing dog is a
service animal and may accompany the deaf
types of service animals that perform a not have identification or written
passenger on the flight, you may reconsider
range of tasks for individuals with a documentation regarding their service the decision if the dog is behaving in a
disability. animals. See also Appendix VI, DOT manner that seems disruptive and infringes
Guidance Concerning Service Animals on the safety of other passengers. You should
Service Animal Permitted To in Air Transportation. carefully observe the hearing dog’s behavior
Accompany Passenger on Flight and at Carriers may require that passengers and explain it in detail to a CRO (if the CRO
Seat Assignment traveling with emotional support is on the telephone). If, after careful
You must permit dogs and other animals present current documentation consideration of all the facts presented, the
service animals used by passengers with (i.e., dated within a year of the date of CRO decides not to treat the dog as a service
travel) from a mental-health animal, you should explain your carrier’s
a disability to accompany the policy regarding traveling with animals that
passengers on their flights. In addition, professional stating that:
are not being allowed in the passenger cabin
you must permit a dog or other service • The passenger has a mental health- as service animals.
animal to accompany a passenger with related disability;
a disability to the passenger’s assigned • The passenger needs the animal for Requests for Seat Assignments by a
seat and remain there as long as the the mental-health condition; and Passenger Accompanied by a Service
animal does not obstruct the aisle or • The provider of the letter is a Animal
other areas that must remain licensed mental-health professional (or
For a disabled passenger traveling
unobstructed for safety reasons. [Sec. a medical doctor) and the passenger is
with a service animal, you must
382.55(a)] The service animal must be under the individual’s professional care.
Even if you receive sufficient provide, as the passenger with a
allowed to accompany the passenger disability requests, either a bulkhead
verification that an animal
unless it poses a direct threat to the seat or a seat other than a bulkhead seat.
accompanying a passenger is indeed a
health or safety of others or presents a [Sec. 382.38(a)(3)]
service animal, if the service animal’s
significant threat of disruption to the If carriers provide special information
behavior in a public setting is
airline service in the cabin. See also concerning the transportation of animals
inappropriate or disruptive to other
Appendix VI, DOT Guidance outside the continental United States to
passengers or carrier personnel, you
Concerning Service Animals in Air any passengers, you must provide such
may refuse to permit the animal on the
Transportation; FAA Flight Standards information to all passengers with a
flight and offer the passenger alternative
Information Bulletin for Air disability traveling with a service
accommodations in accordance with
Transportation (FSAT) #04–01A, animal on the flights. [Sec. 382.55(a)(3)]
part 382 and your carrier’s policy (e.g.,
‘‘Location and Placement of Service
accept the animal for carriage in the E. Accommodations for Air Travelers
Animals on Aircraft Engaged in Public
cargo hold). Who Are Deaf, Hard of Hearing, or
Air Transportation’’ http://www.faa.gov/
avr/afs/fsat/fsatl.htm. Example 1: A passenger arrives at the gate Deaf-Blind
accompanied by a pot-bellied pig. She claims If your carrier makes available a
If Service Animal Cannot Be that the pot-bellied pig is her service animal.
telephone reservation and information
Accommodated at Assigned Seat What should you do?
While generally speaking, you must permit service to the public, you must make
If a service animal cannot be a passenger with a disability to be available a text telephone (TTY) to
accommodated at the seat of the accompanied by a service animal, if you have permit individuals who are deaf or hard
passenger with a disability and if there a reasonable basis for questioning whether of hearing to make reservations and
is another seat in the same class of the animal is a service animal, you may ask obtain information. The TTY must be
service where the passenger and the for some verification. Usually no written available during the same hours as the
animal can be accommodated, you must verification is required. telephone service for the general public
offer the passenger the opportunity to You may begin by asking questions about and the same wait time and surcharges
the service animal, e.g., ‘‘What tasks or
move to the other seat with the service must apply to the TTY as the telephone
functions does your animal perform for
animal. Switching seats in the same you?’’ or ‘‘What has its training been?’’ If you service for the general public. [Secs.
class of service must be explored as an are not satisfied with the credibility of the 382.47(a) and (b)]
alternative before requiring that the answers to these questions or if the service F. Communicable Diseases
service animal travel in the cargo animal is an emotional support animal, you
compartment. [Sec. 382.37(c)] may request further verification. Passengers With a Communicable
You should also call a CRO if there is any Disease Are Permitted on Flight
Verification of Service Animals further doubt in your mind as to whether the
pot-bellied pig is the passenger’s service Except as described below, you must
Under particular circumstances, you not (i) refuse transportation to; (ii)
animal.
may see a need to verify whether an Finally, if you determine that the pot- require provision of a medical certificate
animal accompanying a passenger with bellied pig is a service animal, you must from; or (iii) impose any condition,
a disability qualifies as a service animal permit the service animal to accompany the restriction, or requirement not imposed
under the law. You must accept the passenger to her seat as long as the animal on other passengers on, a passenger
following as evidence that the animal is doesn’t obstruct the aisle or present any with a communicable disease or
indeed a service animal: safety issues and the animal is behaving
infection. [Sec. 382.51(a)]
• The credible verbal assurances of a appropriately in a public setting.
passenger with a disability using the Example 2: A deaf passenger is planning to If Direct Threat to Health or Safety of
board the plane with his service animal. The Others, Limitations May Be Imposed
animal,
service animal is a hearing dog and is small
• The presence of harnesses or enough to sit on the deaf passenger’s lap. Only if a passenger with a
markings on harnesses, While waiting to board the flight, the hearing communicable disease or infection
• Tags, or dog jumps off the passenger’s lap and begins poses a direct threat to the health or
safety of others, can you take any of the You may require a medical certificate child’s condition that will impact decisions
actions listed above. [Sec. 382.51(b)(1)] only if the passenger with a disability is about transportation, you should contact a
A direct threat means a significant risk an individual who: CRO and explain the situation.
to the health or safety of others that • Is traveling on a stretcher or in an Here, the mother tells you and the CRO
that the child has chicken pox but is no
cannot be eliminated by a modification incubator (where such service is
longer contagious. The CRO would likely
of policies, practices, or procedures, or offered); consult with appropriate medical personnel
by the provision of auxiliary aids or • Needs medical oxygen during the to verify whether the child could be
services. flight (where such service is offered); or contagious based on the mother’s statement.
If you are faced with particular • Has a medical condition that causes If there is a reasonable basis for believing
circumstances where you are required to the carrier to have reasonable doubt that that the passenger poses a direct threat to the
make a determination as to whether a the passenger can complete the flight health or safety of others, you must choose
passenger with a communicable disease safely without requiring extraordinary the least restrictive alternative among the
medical assistance during the flight. following options: (i) Refusing transportation
or infection poses a direct threat to the to the individual; (ii) requiring a medical
health or safety of others, you must [Sec. 382.53 (a) and (b)]
certificate; or (iii) imposing a special
make an individualized assessment Medical Certificate and a Passenger condition or limitation on the individual. If
based on a reasonable judgment, relying With a Communicable Disease or the medical support people indicate that
on current medical knowledge or the Infection there is a chance that the child is no longer
best available objective evidence. If the contagious but only if a certain number of
In addition, if you determine that a days have passed since the outbreak of the
presentation of a medical certificate
passenger with a communicable disease lesions, you could request a medical
would alleviate concerns over the
or infection poses a direct threat to the certificate before you permit the child to
passenger’s condition, or reasonable
health or safety risk of others, you may travel.
modification of policies, practices, or
require a medical certificate from the Having discussed the situation with the
procedures would lessen the risk to passenger and her mother and consulted the
passenger. [Sec. 382.53(c)(1)] The
other passengers, then you should CRO and the medical support personnel, the
medical certificate must be dated within
consider this in making such an request for a medical certificate appears to be
10 days of the flight date. [Sec.
individualized assessment. You should reasonable under the circumstances and the
382.53(c)(2)] least restrictive of the three options.
also confer with appropriate medical In the event that you determine the
personnel and a CRO when making this Keep in mind that section 382.53(c)(2)
need for a medical certificate, you specifies that the medical certificate be from
assessment. should indicate to the passenger with a the child’s physician and state that the
If the Passenger Poses a Direct Threat to disability the reason for the request. You child’s chicken pox would not be
the Health and Safety of Others should base your request on the reasons communicable to other passengers on the
set forth under the law and outlined flight. The medical certificate must also
If, in your estimation, a passenger above. include any conditions or precautions that
with a communicable disease or At all times, you should treat the would have to be observed to prevent the
infection poses a direct threat to the passenger from whom you are transmission of the chicken pox to other
health or safety of other passengers, you passengers and be dated within ten days of
requesting a medical certificate with
may (i) refuse to provide transportation the date of the flight. If the medical certificate
courtesy and respect. is incomplete or if the passenger is
to that person; (ii) require that person to
provide a medical certificate stating that Example: A passenger arrives at the gate attempting to travel before the date specified
with her six year old daughter. The girl’s face in the medical certificate or without
the disease at its current stage would and arms are covered with red lesions, implementing the conditions outlined to
not be transmittable during the normal resembling chicken pox. What should you prevent transmission, the child would not be
course of a flight or, if applicable, do? permitted to fly.
describing measures that would prevent Generally, you must not refuse travel to,
transmission during the flight [Sec. require a medical certificate from, or impose H. Your Obligation To Provide Services
382.53(c)]; or (iii) impose on that special conditions on a passenger with a and Equipment
passenger a special condition or communicable disease or infection. However, When assistance getting on or off a
restriction (e.g., wearing a mask). You if a passenger appears to have a
communicable disease or infection that poses plane, making flight connections, or
must choose the least restrictive of the a direct threat to the health or safety of other receiving transportation between gates
three options set forth above that would passengers, you may be required to make a is requested by a passenger with a
accomplish the objective. [Sec. determination about the best course of action disability, or offered by carrier
382.51(b)(4)] based on the seriousness of the health risk personnel and accepted by the
At all times, as a matter of good and the ease of disease transmittal. For a passenger, you must provide it. [Sec.
customer service, you should treat the communicable disease or infection to pose a 382.39(a)] More specifically, you must
passenger with courtesy and respect. direct threat, the condition must both be provide, as needed, the following:
readily transmitted under conditions of flight
and have serious health consequences (e.g.,
• Services personnel,
G. Medical Certificates: When Are They
SARS). Medical conditions that are easily • Ground wheelchairs,
Allowed?
transmitted in aircraft cabins but have • Boarding wheelchairs,
A medical certificate is a written limited health consequences (e.g., a common • Ramps or mechanical lifts. [Sec.
statement from the passenger’s cold) as well as conditions that are difficult 382.39(a)(1)]
physician saying that the passenger is to transmit in aircraft cabins but have serious Aircraft with more than 60 passenger
capable of completing the flight safely health consequences (e.g., AIDS) do not pose seats having an accessible lavatory must
without requiring extraordinary medical a direct threat to the health or safety of be equipped with an operable on-board
assistance during the flight. Except passengers. wheelchair. [Sec. 382.21(a)(4)] On-board
The first thing you should do is interview
under the circumstances described the passenger and her mother to obtain basic
wheelchairs must be equipped with
below, you must not require medical information about the girl’s condition. This footrests, armrests which are movable or
certification of a passenger with a exchange should be done discreetly and in a removable, adequate occupant restraint
disability as a condition for providing courteous and respectful manner. If you still systems, a backrest height that permits
transportation. have a question about the nature of the assistance to passengers in transferring,
structurally sound handles for proper storage of such wheelchairs. See also B. Security Screening for Air Travelers
maneuvering the occupied chair, and Chapter 5, Section D. With a Disability 1
wheel locks or another adequate means I. Attendants
to prevent chair movement during Security Screening for Passenger With a
transfer or turbulence. The on-board Disability Same as for Other Passengers
Except under limited circumstances,
wheelchair must be designed to be you cannot require a person with a You must undertake a security
compatible with the maneuvering space, disability to be accompanied by an screening of a passenger with a
aisle width, and seat height of the attendant. [Sec. 382.35(a)] See Chapter disability in the same manner as any
aircraft on which it is to be used, and 4, Section E for a discussion of the other passenger. You must not subject a
to easily be pushed, pulled, and turned requirements for an attendant under the passenger with a disability who
in the cabin environment. [Sec. law. possesses an aid used for independent
382.21(a)(4)(iii)]
You must permit a passenger with a Chapter 4: Assisting Air Travelers With travel to a special screening procedure
disability to provide written Disabilities at the Airport if the passenger and the aid or assistive
instructions and should accept oral device clear security without activating
A. Accessibility of Terminal Facilities and the security system. [Sec. 382.49(a)]
advice from the passenger concerning Services
the disassembly and reassembly of the B. Security Screening for Air Travelers With Screening Mobility Aid or Assistive
passenger’s wheelchair. [Sec. 382.41(h)] a Disability Device
In addition, you should be familiar with C. Air Travelers With a Disability Changing
how (i) a passenger accesses and uses a Planes The statement of the law set forth
particular service or piece of equipment; D. Accommodations for Air Travelers Who above would not, however, prohibit you
(ii) the passenger’s needs are being met are Deaf, Hard of Hearing, or Deaf-Blind from examining a mobility aid or
by the service or piece of equipment; E. Attendants assistive device if, in your judgment, it
and (iii) that service should be provided A. Accessibility of Terminal Facilities may conceal a weapon or other
or how that equipment operates, is and Services prohibited item even if the mobility aid
disassembled, stored properly, and or assistive device does not activate the
reassembled. Finally, consistent with All terminal facilities and services security system.
good customer service, you should treat owned, leased, or operated by a carrier In the event a passenger’s mobility aid
the passenger with a disability with at a commercial service airport, or assistive device activates the security
courtesy and respect at all times by including parking and ground system, you must conduct the security
keeping the passenger informed about transportation, must comply with the search of the passenger with a disability
any problems or delays in providing Standards for Accessible Design under in the same manner as you would for
personnel or equipment in connection the Americans with Disabilities Act. other passengers who activate the
with an accommodation. [Sec. 382.23(e)] These terminal facilities system.
Example: A passenger using a battery- and services must be accessible to and
powered wheelchair arrives at the gate and usable by individuals with disabilities, If Passenger With a Disability Requests
requests that the footrests and joy stick be including individuals who use Private Screening
removed and stowed. He expresses concern wheelchairs. [Sec. 382.23(b)] For
because after his last flight, the airline example, terminals must provide You must not require a private
personnel initially misplaced one of the accessible inter-terminal transportation security screening for a passenger with
components of the wheelchair when they a disability for any reason different from
disassembled it and stored it during the
systems, e.g., shuttle vehicles and
people movers. [Sec. 382.23(d)] the reasons other passengers would be
flight. What should you do?
Presuming the aircraft is the type that can subject to a private security screening.
As appropriate to your specific
accommodate the storage of a battery- However, if a passenger with a disability
responsibilities and duties when dealing
powered wheelchair, you are required to requests a private security screening in
with the traveling public and consistent
stow his wheelchair properly on board and
with all carriers’ obligation to ensure a timely manner, you must provide it in
you may, if needed, provide an aisle chair. time for the passenger to board the
As a preliminary matter, you should receive training to proficiency [Sec. 382.61(a)],
you should understand how these flight. [Sec. 382. 49(b)] If, however, you
training from your carrier on the use of
services and facilities function as well are able to conduct a security screening
equipment and services for passengers with
a disability, including battery-powered as their uses by passengers with a of a passenger with a disability without
wheelchairs. In addition to the formal disability. You should also know where the need for a physical search of the
training, it is worthwhile to review with the they are located within or without the person, you are not required to provide
passenger how best to meet his needs. For terminal. a private screening. [Sec. 382.49(c)]
example, you should ask the passenger to
review the procedure for disassembling the Carriers must also ensure that there is Finally, under certain circumstances,
wheelchair, storing parts during the flight, an accessible path between the gate and safety considerations may require you to
and reassembling the wheelchair. Once you the area from which aircraft are exercise discretion in making the above
are clear about the process, you should boarded. [Sec. 382.23(c)] decisions. You must always seek
communicate with the appropriate assistance from the appropriate
employees to ensure that they understand the Carriers shall not (i) restrict the
designated personnel in making such a
passenger’s needs with respect to his battery- movements of individuals with
decision.
powered wheelchair. Your carrier should disabilities in terminals; (ii) require
have a policy and process for ensuring that them to remain in a holding area or 1 In the wake of the events of September 11, 2001,
the battery-powered wheelchair is returned other location in order to receive
to the passenger at his destination in the in most cases, TSA has taken over for carriers in
assistance; or (iii) mandate separate the area of providing security screenings of
same condition in which it was received by treatment for individuals with passengers. Should carriers resume this
the carrier. Problems concerning the responsibility or in cases where carriers still retain
reassembly of expensive battery-powered
disabilities except as required or
some involvement in the security screening process,
wheelchairs can be minimized by following permitted under Part 382. [Sec. this section would be applicable to carriers and
section 382.41(g)(2), which governs the 382.55(c)] contractors of carriers performing this function.
C. Air Travelers With a Disability the general public and the same wait Safety Considerations May Necessitate
Changing Planes time and surcharges must apply to the an Attendant
As an employee of the delivering TTY as the telephone service for the In the interests of safety, however,
carrier, on request, you must provide general public. [Secs. 382.47(a) and (b)] you may require that a passenger with
assistance to a passenger with a The TTY must also be available if the a disability travel with an attendant as
disability in making flight connections passenger who is deaf or hard of hearing a condition of receiving air
and providing transportation between wishes to contact a CRO. [Sec. transportation if the passenger is:
gates. [Sec. 382.39(a)] This is the case 382.65(a)(2)] In addition, you should • Traveling on a stretcher or in an
regardless whether the delivering carrier inform the individual about the DOT incubator (where such service is
has an interline agreement with the Hotline that is accessible by a TTY. You offered);
other carrier. Where needed and to the should be familiar with the use of the • Mentally disabled and unable to
extent required by law, you must TTY and its location(s) within the comprehend or respond appropriately to
provide services personnel, terminal. safety instructions;
In addition, you should be aware of • Severely impaired with respect to
wheelchairs, and ramps or mechanical
the option of using a relay operator to mobility and would be unable to assist
lifts. [Sec. 382.39(a)(1)] Note: Carriers
connect one party who is using a TTY in the passenger’s own evacuation from
must not leave a passenger with a and one party who is using a voice-
disability unattended in a ground the aircraft; or
wheelchair or other device in which the
operated telephone. By dialing 711 on • Deaf and severely impaired with
any telephone (TTY or voice operated) respect to vision such that the passenger
passenger is not independently mobile you can contact a relay operator who could not adequately communicate with
for more than 30 minutes. [Sec. serves as a ‘‘go between’’ between a airline employees to permit
382.39(a)(3)] person using a TTY and a person using transmission of the safety briefing.
Example: A passenger who developed a a voice-operated telephone. [Secs. 382.35(b)(1)–(4)]
progressive onset of weakness in his legs
during his flight requests a wheelchair when Example: A passenger who is deaf If Carrier Contends That Attendant Is
complains to you about another employee
he deplanes to assist him in making it over Required for Safety Reasons and
to the gate of his connecting flight. What whom she believes has been rude and
humiliated her when she asked for an Passenger Disagrees
should you do?
Because the delivering carrier has an alternate means of communication because If, after careful consultation with a
obligation to provide transportation to a she was unable to hear what was being said CRO and any other personnel required
passenger with a disability to the gate of his to passengers waiting to board the flight. to be consulted by the carrier, you
What should you do?
connecting flight, you must provide timely, determine that a passenger with a
As a matter of good customer service, you
accessible ground transportation so he makes disability must travel with an attendant
should apologize to the passenger for any
it to his connecting flight. In addition, you for one of the reasons described in
insensitive behavior on the part of carrier
should keep in mind that once the Section 382.35(b) (see above), then the
personnel. In general, you should carefully
wheelchair service is provided, you cannot
observe and gauge the manner in which this carrier may require that the passenger be
leave the passenger unattended for more than
passenger who is deaf communicates. When accompanied by an attendant. If your
30 minutes if he is not independently mobile.
communicating, try to use the same method, decision is contrary to the self-
As a matter of good customer service, you
e.g., speaking slowly, communicating in assessment of the passenger with a
should treat the passenger with courtesy and writing or with the assistance of an aid or
respect throughout this process. disability, then the carrier must not
device, etc. Try to find out what happened
and what information she missed by charge for the transportation of the
D. Accommodations for Air Travelers attendant. [Sec. 382.35(c)] In addition, if
Who Are Deaf, Hard of Hearing, or communicating in an accessible manner.
You may also consult with a CRO to see no seat is available on the flight for the
Deaf-Blind about sign language or other assistive attendant whom the carrier has
Carriers are responsible for ensuring services that might be available for this determined to be necessary and as a
that passengers with disabilities, passenger. If the CRO is made available by result the passenger with a disability
including those with vision or hearing telephone and the passenger requests, TTY with a confirmed reservation is unable
impairments, receive the same service must be available for the passenger to
to travel on the flight, the passenger
communicate directly with the CRO. You
information in a timely manner that the should also notify the appropriate flight crew with a disability is eligible for denied
carrier provides to other passengers in regarding ensuring that the transmittal of boarding compensation. [Sec. 382.35(d)]
the terminal or on the aircraft, including information onboard is accessible to this For purposes of determining whether a
but not limited to, information about passenger. seat is available for an attendant, the
ticketing, flight delays, schedule attendant must be deemed to have
E. Attendants
changes, connections, flight check-in, checked in at the same time as the
gate assignments and the checking and You should know that it is generally passenger with a disability. [Sec.
claiming of luggage. [Sec. 382.45(c)] not appropriate to require a passenger 382.35(e)]
Passengers with disabilities who are with a disability to be accompanied by In the event you choose to recruit an
unable to obtain such information from a personal care attendant. [Sec. attendant to accompany the passenger
the audio or visual system used by 382.35(a)] Even if you have concerns with a disability, even though carriers
carriers in airports or on aircraft must about a passenger’s ability to access the are not obligated to do so, you may ask
request such information to be provided lavatory or the passenger’s need for (i) an off-duty airline employee traveling
in an accessible manner. extensive special assistance which on the same flight to function as the
airline personnel are not obligated to attendant; (ii) a volunteer from among
TTY provide, e.g., assistance in eating, the other customers traveling on the
You must make available a TTY to assistance within the lavatory, or flight and offer a free ticket for their
permit individuals who are deaf or hard provision of medical services [Sec. assistance; or (iii) the passenger with a
of hearing to obtain information from 382.39(c)], you must not require the disability to choose an attendant and
carriers. See also Chapter 3, Section E. passenger with a disability to travel offer a free ticket.
The TTY must be available during the with a personal care attendant except in If the attendant is accompanying a
same hours as the telephone service for the circumstances described below. passenger traveling on a stretcher or in
an incubator, the attendant must be some understanding of how aircraft accessibility features set forth above
capable of attending to the passenger’s have been made accessible to with respect to the feature being
in-flight medical needs. [Sec. accommodate those passengers. The replaced. [Sec. 382.21(c)]
382.35(b)(1)] Otherwise, the purpose of following features are required for Where Part 382 requires a particular
the attendant is to assist the passenger aircraft ordered by the carrier after April aircraft to have an on-board wheelchair
with a disability in an emergency 5, 1990, or delivered to the carrier after and a stowage space within the cabin for
evacuation. Other than the situation set April 5, 1992. In addition, different size at least one passenger’s folding
forth above when an attendant is airplanes must be equipped with wheelchair, that aircraft must have
accompanying a passenger who is on a different features according to the law. stowage spaces for both of these chairs
stretcher or in an incubator, the For example: and must accommodate both of these
attendant is not obligated to provide • Aircraft with 30 or more passenger chairs as required by law. [Secs.
personal services to the passenger with seats must have movable aisle armrests 382.21(a)(4)(i) and 382.21(a)(2)]
a disability such as assistance with on at least half of the aisle seats where Any replacement or refurbishing of
eating or accessing the lavatory. it is feasible and it does not interfere the aircraft cabin must not reduce
with safety. [Secs. 382.21(a)(i) and (ii)] existing accessibility to a level below
Example: A passenger with quadriplegia
traveling alone approaches the check-in (Movable armrests are not feasible that specified under the law. [Sec.
counter. You have concerns as to whether the where tray tables and video 382.21(e)] Carriers must maintain
passenger’s mobility impairment is so severe entertainment systems are installed.); aircraft accessibility features in proper
that he would be unable to assist in his own • Aircraft with 100 or more passenger working order. [Sec. 382.21(f)]
evacuation from the aircraft. What should seats must have priority storage space
you do? within the cabin to stow at least one B. Seating Assignments and
You should begin by communicating with passenger’s folding wheelchair [Sec. Accommodations
the passenger to determine the extent of his 382.21(a)(2)] and DOT has interpreted
mobility impairment. As a matter of good Only Safety Affects Seat Assignments
that to mean a space at least 13 inches
customer service, you should treat the You must not exclude a passenger
passenger with courtesy and respect at all wide, 36 inches high, and 42 inches
with a disability from any seat in an exit
times. Under the circumstances, you should long;
• Aircraft with more than one aisle in row or other location or require a
contact a CRO to discuss the situation and
which lavatories are provided must passenger with a disability to sit in a
determine whether the passenger must be
accompanied by an attendant. You and the include at least one lavatory accessible particular seat based on the passenger’s
CRO could begin by asking the passenger to passengers with a disability accessing disability, except to comply with FAA
about his mobility impairment and whether the lavatory with an on-board safety requirements. [Sec. 382.37(a)] If a
he would be able to assist with his own wheelchair [Sec. 382.21(a)(3)]; passenger’s disability results in
evacuation in the event of an emergency. • Aircraft with more than 60 involuntary behavior that would result
More specifically, you should determine in refusal of transportation under
whether the passenger has the functional passenger seats having an accessible
lavatory must be equipped with an on- section 382.31 and the safety problem
ability to make any progress toward an exit
during an evacuation. If the passenger tells board wheelchair [Sec. 382.21(a)(4)(i)]; could be addressed by seating the
you that his ability to assist in his evacuation and passenger in a particular location, you
is limited to shouting ‘‘Help!’’, you and the • Aircraft with more than 60 must offer the passenger that particular
CRO should explain to him that the issue is passenger seats having an inaccessible seat location as an alternative to
whether he can physically assist in his own lavatory must be equipped with an on- refusing transportation. [Sec. 382.37(b)]
evacuation. If not, he must travel with an board wheelchair when a passenger
attendant. Example: A passenger with Tourette’s
If, after speaking with the passenger, you
with a disability informs the carrier syndrome—a neurological disability that
and the CRO determine that he must be (providing advance notice under Sec. manifests itself by episodes of shaking,
accompanied by an attendant because of his 382.33(b)(8)) that the passenger can use muscle tics, and/or spasms and uncontrolled
severe mobility impairment, you should an inaccessible lavatory but cannot shouting, barking, screaming, cursing, and/or
explain this requirement to the passenger. reach the lavatory from a seat without abusive language—approaches the check-in
Next, you should explain that he can choose desk, self-identifies as a passenger with a
the use of an on-board wheelchair. [Sec. disability, and presents brochures explaining
someone to serve as his attendant or you can 382.21(a)(4)(ii)]
assist him by recruiting an off-duty employee the disability to the agent. What should you
Aircraft in service on April 5, 1990, do?
or another passenger on the flight to serve as are not required to be retrofitted for the
his attendant. You must not charge for the As long as safety is not an issue, you
transportation of the attendant. You should
sole purpose of enhancing accessibility. cannot restrict this passenger from any
also explain that the purpose of the attendant [Sec. 382.21(b)(1)] However, with particular seat, including an exit row. If this
is to assist in the case of an emergency respect to all aircraft with more than 60 passenger’s disability causes him to
evacuation. passenger seats operated under 14 CFR physically touch other passengers or flight
part 121, regardless of the age of the crew involuntarily, safety considerations
Chapter 5: Assisting Air Travelers With aircraft, carriers must provide on-board
could require that he be seated in his own
Disabilities Boarding, Deplaning, and row, if available, as an alternative to being
wheelchairs if (i) the aircraft has an refused transportation. However, if the
During the Flight accessible lavatory; or (ii) a passenger physical and/or verbal manifestations of this
A. Aircraft Accessibility with a disability gives up to 48 hours’ passenger’s Tourette’s syndrome are such
B. Seating Assignments and notice that the passenger can use an that the safety of others would be
Accommodations inaccessible lavatory. [Sec. 382.21(b)(2)] jeopardized, e.g., if the passenger with
C. Boarding and Deplaning Assistance Whenever an aircraft operating under 14 Tourette’s syndrome involuntarily touches or
D. Stowing and Treatment of Personal strikes other passengers or flight crew, it
Equipment
CFR part 121 which does not have the
accessibility features set forth above might create a safety concern. Therefore,
E. Services in the Cabin refusing transportation could be appropriate.
F. Safety Briefings undergoes replacement of (i) cabin Otherwise, although the passenger’s
interior elements or lavatories, or (ii) conduct may create an uncomfortable
A. Aircraft Accessibility existing seats with newly-manufactured experience for other passengers, if his
In order to assist passengers with a seats (i.e., previously unused), the involuntary behavior only amounts to an
disability, it is important for you to have carrier must comply with the annoyance and not a safety concern, you
must not restrict the passenger with ‘‘blocking’’ method or the ‘‘priority’’ reservation system, verbal information
Tourette’s syndrome from any seating seating method. provided by reservations personnel,
assignment. counter signs, seat cards or notices,
Seat ‘‘Blocking’’ Method
Four Specific Situations in Which a frequent-flyer literature, or other
Seating Accommodation Must Be Carriers may ‘‘block’’ an adequate appropriate means. [Sec. 382.38(b)(2)(i)]
Provided number of seats to provide the seating The carrier must provide a ‘‘priority’’
accommodations discussed above. If seat to a passenger with a disability
If a passenger self-identifies as an carriers employ this ‘‘block’’ method, entitled to such accommodation if the
individual with a disability, there are they must not assign these ‘‘blocked’’ passenger requests the accommodation
four specific situations where you must seats to passengers other than the types and checks in at least one hour before
provide a particular seating of passengers entitled to a seating the scheduled departure of the flight. If
accommodation, if requested. The four accommodation discussed above until all of the designated ‘‘priority’’ seats
situations are as follows: 24 hours before the scheduled departure have been assigned to other passengers
• If the passenger uses an aisle chair of the flight. At any time up to 24 hours who do not have disabilities, the carrier
to access the aircraft and cannot readily before the flight, carriers using the must reassign the seats of the other
transfer over a fixed aisle armrest, you ‘‘block’’ system must assign a ‘‘blocked’’ passengers to accommodate the
must provide a seat in a row with a seat to any passenger in need of a passenger with a disability entitled to a
movable armrest if one exists [Sec. particular seating accommodation seating accommodation as discussed
382.38(a)(1)]; outlined in the four situations above. above. [Sec. 382.38(b)(2)(ii)]
• If the passenger (i) is a passenger If a passenger with a disability
who is traveling with an attendant who meeting the above requirements does If a passenger with a disability does
will be performing functions during the not make a request for a seating not check in at least one hour before the
flight that airline personnel are not accommodation at least 24 hours before scheduled departure of the flight, a
required to perform, e.g., assistance with the scheduled departure of the flight, a carrier using the ‘‘priority’’ seating
eating [Sec. 382.38(a)(2)(i)]; (ii) is a carrier using the ‘‘block’’ system must system must provide the requested
passenger with a visual impairment who provide the requested seating seating accommodation, to the extent
is traveling with a reader/assistant who accommodation to the extent practicable, but is not required to
will be performing functions for the practicable, but is not required to reassign a seat assigned to another
passenger during the flight [Sec. reassign a seat assigned to another passenger in order to do so. [Sec.
382.38(a)(2)(ii)]; or (iii) is a passenger passenger in order to do so. [Secs. 382.38(b)(2)(iii)]
who is deaf, hard of hearing, or deaf- 382.38(b)(1)(i), (ii), and (iii)] Example: A passenger with an
blind who is traveling with an immobilized leg requests a bulkhead seat and
Example: A passenger with a service
interpreter who will be performing animal calls you, a reservation agent, several
checks in two hours before the scheduled
functions for the passenger during the days before the scheduled departure of her departure of the flight. Your carrier employs
flight, you must provide a seat for the flight and requests a bulkhead seat. What the ‘‘priority’’ seating method and has
care attendant next to the passenger should you do? designated all four bulkhead seats on the
with a disability [Sec. 382.38(a)(2)(iii)]; The aircraft has four bulkhead seats, two of aircraft as ‘‘priority’’ seating. Three of the
• If the passenger is accompanied by which are ‘‘blocked’’ under your carrier’s bulkhead seats have already been assigned to
reservation system for passengers traveling three passengers traveling with small service
a service animal, you must provide a
with a service animal or passengers with an animals who have requested the seating
bulkhead seat if one exists or a seat accommodations and checked in at least an
immobilized leg. Since the passenger has
other than a bulkhead seat, depending requested the seating accommodation more hour before the scheduled departure of the
on the passenger’s request [Sec. than 24 hours in advance of the scheduled flight. The fourth ‘‘priority’’ bulkhead seat
382.38(a)(3)]; or departure of the flight, you must assign one has been assigned to a passenger who also
• If the passenger has a fused or of the ‘‘blocked’’ bulkhead seats to this checked in two hours before the flight and
immobilized leg, you must provide a passenger with the service animal. uses an aisle chair to enplane who prefers the
bulkhead seat if one exists or other seat If, on the other hand, the passenger with bulkhead seat to a seat in a row with a
with more legroom than other seats on the service animal requests the bulkhead seat movable armrest. What should you do?
within 24 hours of the scheduled departure The passenger who uses the aisle chair to
the side of the aisle that best
of her flight, you must provide the bulkhead enplane should have received notice that she
accommodates the passenger. [Sec. seat to her and her service animal to the
382.38(a)(4)] has been assigned a ‘‘priority’’ seat. Because
extent practicable, but you are not required she is not a passenger with an immobilized
Regardless of which type of system a to reassign a seat already assigned to another leg or a passenger traveling with a service
carrier uses for handling its seat passenger in order to do so.
animal, she is not automatically entitled to a
assignments, you must provide the ‘‘priority’’ bulkhead seat. (However, she
‘‘Priority’’ Seating Method
required seating accommodation in the would be entitled to a ‘‘priority’’ seat in a
four specific situations described above, Carriers may designate an adequate row with a movable armrest if she requested
if requested. The type of seat assignment number of ‘‘priority’’ seats for one and checked in at least an hour before
system will determine how a carrier passengers with a disability who meet the scheduled departure of the flight.) The
fulfills its obligation to provide these the above requirements and who request passenger using the aisle chair to enplane
seating assignments. You should be a seating accommodation. In this case, should have been notified that you might
aware of your carrier’s method for the carrier must provide notice to any have to reassign her seat if a passenger with
managing seat assignments and be able passenger assigned to a ‘‘priority’’ seat a service animal or a passenger with an
(other than passengers with a disability immobilized leg requests a ‘‘priority’’
to explain it to passengers with
entitled to a seating accommodation in bulkhead seating accommodation and checks
disabilities and the general passenger in at least one hour before the scheduled
population depending on the one of the four situations discussed
departure of the flight. Accordingly, the
circumstances. above) that they are subject to being passenger using the aisle chair would be
reassigned to another seat if necessary to reassigned to a seat in a row with a movable
Advance Seat Assignments provide a seating accommodation armrest and the passenger with the
Carriers providing advance seat required under the law. The carrier may immobilized leg would be assigned to the
assignments may employ either the seat provide this notice through its computer fourth ‘‘priority’’ bulkhead seat.
Seating Accommodations for Passengers four of the other ‘‘non-priority’’ bulkhead disability, and insists that he is entitled to a
With a Disability Other Than One of the seats have been assigned to other passengers, seat in first class to accommodate his
Four Types Listed Above but the two ‘‘priority’’ seats are unassigned. extended leg. Your carrier uses the ‘‘priority’’
What should you do? seating method for advance seat assignments.
Passengers with a disability—other You should assign the passenger with What should you do?
than the types of passengers with a arthritis in his spine one of the two Since the passenger has identified himself
disability entitled to a seating ‘‘priority’’ seats, but you must notify him that as a passenger with a disability and has
accommodation in one of the four he may have his ‘‘priority’’ seat reassigned if requested a seat assignment to accommodate
specific situations discussed above— another passenger who is entitled to a him, you must provide a bulkhead seat or
‘‘priority’’ seat requests one. On the day of other seat with more legroom than other seats
may identify themselves as passengers on the side of the aisle that best
the flight, a passenger with a service animal
with a disability and request a seating and a passenger with a fused leg show up for accommodates him. While first class seats
accommodation. [Sec. 382.38(c)] the same flight and request bulkhead seats. generally have more legroom than economy
In this case, a carrier employing the In this instance, the passenger with arthritis class seats, you are not required to provide
‘‘block’’ method is not required to offer in his spine would be informed that his a seat in a class of service other than the one
one of the ‘‘blocked’’ seats when the ‘‘priority’’ seat must be assigned to one of the passenger has purchased in order to
passenger with a disability makes a those passengers and that he must be moved accommodate him. You should explain
reservation more than 24 hours before to another seat. As a matter of good customer politely and respectfully that under the law,
service, he may be assigned an aisle seat you must seat him in (i) a bulkhead or (ii)
the scheduled departure time of the an aisle seat in economy class on the side of
because it would make it easier to access.
flight. However, the carrier must assign the plane that would best accommodate his
the passenger with a disability any seat No Advance Seat Assignments leg. At his subsequent request for a bulkhead
not already assigned to another If a carrier does not provide advance seat, you must arrange to move another
passenger that accommodates the passenger from the bulkhead seat and give it
seat assignments, you must allow to the passenger with the immobilized leg.
passenger’s needs, even if that seat is passengers who identify themselves as
not available for assignment to the Although you are not required to do so under
passengers with a disability in need of the law, you may choose to seat him in first
general passenger population at the time a seating accommodation to pre-board— class.
of the request. [Secs. 382.38(c)(1)(i) and even before other passengers entitled to
(ii)] C. Boarding and Deplaning Assistance
pre-board—and select the seat
Example: A passenger with arthritis in his assignment that best meets their needs. If a passenger with a disability
spine making his back extremely stiff calls a [Sec. 382.38(d)] If a carrier wishes to requests assistance getting on or off an
week before his flight and asks you, the comply with this requirement in airplane or you offer assistance and the
reservation agent, for a bulkhead seat. He passenger consents to the type of
explains that it is much easier for him to
another way, it must receive written
approval from DOT. [Sec. 382.38(e)] boarding or deplaning assistance you
access a bulkhead seat because he has to be
lowered into the seat with assistance from offer, you must provide such assistance.
Other Issues Relating to Seat [Sec. 382.39(a)] The type of assistance
another person. The aircraft has six bulkhead
Assignments you must offer includes, as needed,
seats, two of which are ‘‘blocked’’ under your
carrier’s reservation system for passengers You must provide a seat assignment services personnel and the use of
traveling with service animals or passengers accommodation when requested by a wheelchairs, ramps, or mechanical lifts.
with immobilized legs. One of the four passenger with a disability even if the [Sec. 382.39(a)(1)]
remaining bulkhead seats is unassigned seat is not otherwise available for Keep in mind, however, that a
when he calls. What should you do? wheelchair is not required or desired in
Although your carrier normally reserves
assignment to the general passenger
such seats for its frequent flier passengers, population at the time of the request. all cases. A wheelchair may not be an
you must assign the remaining bulkhead seat [Sec. 382.38(f)] You cannot reassign the appropriate assistive device in a
to the passenger with arthritis in his spine. seat of a passenger with a disability who particular situation. For example, a
In a similar situation, a carrier using has received a seat assignment to passenger with vision impairment may
the ‘‘priority’’ seating method must accommodate a disability in the event of need a sighted guide, not a wheelchair.
a subsequent request for the same seat Carriers must train employees to
assign the passenger with a disability
unless the passenger with a disability proficiency in the use of the boarding
any seat not already assigned to another
consents to the reassignment. [Sec. assistance equipment and procedures
passenger that accommodates the
382.38(g)] regarding the safety and dignity of
passenger’s needs, even if that seat is
You must not deny transportation to passengers receiving boarding
not available for assignment to the
any individual on a flight in order to assistance. [Secs. 382.40(d) and
general passenger population at the time
provide a seat accommodation to a 382.40a(d)] Therefore, regardless of the
of the request. If this passenger with a
passenger with a disability. [Sec. size of the aircraft, you should know
disability is assigned to a ‘‘priority’’
382.38(h)] You are also not required to how to use mechanical boarding
bulkhead seat, he/she is subject to being
provide more than one seat per ticket or assistance devices and the appropriate
reassigned to another seat if necessary to
a seat in a class of service other than the procedures for providing boarding
provide a seating accommodation to a
one the passenger has purchased to assistance.
passenger with a disability entitled to a In addition, you should be aware that
accommodate a passenger with a
seating accommodation required under when level-entry boarding is not
disability requesting a seating
the law, as discussed above. [Sec. required or if a lift is temporarily not
accommodation. [Sec. 382.38(i)] You
382.38(c)(2)(i) and (ii)] functioning, you must obtain the
must comply with all FAA safety
Example: Suppose the same passenger, requirements in responding to requests consent of the passenger with a
with arthritis in his spine, in Example 1 from individuals with a disability for disability to the means of boarding
above, calls your carrier, asking for a assistance. [Sec. 382.40(c)(5)] Therefore,
bulkhead seat, but your carrier uses the
seating accommodations. [Sec. 382.38(j)]
‘‘priority’’ seating method. The aircraft has Example: A passenger with an economy
in such situations, you should present
six bulkhead seats, two of which are class ticket and an immobilized leg (with a the various options and provide only
‘‘priority’’ seats for passengers traveling with full-leg cast) arrives more than an hour before the type of boarding assistance to which
service animals or passengers with his flight is scheduled to depart. He arrives the passenger consents. If the passenger
immobilized legs. At the time of the call, all at the check-in counter, explains his does not consent to the available means
of boarding assistance, you should control of the carrier, e.g., the ventilators/respirators, including non-
contact a CRO. mechanical lift is not functioning, then spillable batteries, on board the aircraft
You cannot leave a passenger in a boarding assistance must be provided by as long as FAA safety regulations are
boarding wheelchair or other device in any available means, except physically met. [Sec. 382.41(b)] You must permit
which the passenger is not hand-carrying the passenger. Hand- passengers to stow their canes and other
independently mobile for more than 30 carrying is defined as directly picking assistive devices in the cabin and close
minutes. [Sec. 382.39(a)(3)] up the passenger’s body in the arms of to their seats, consistent with FAA
Carriers must provide access to the one or more carrier personnel to effect safety regulations concerning carry-on
airplane for a passenger with a disability a change of level that the passenger items. [Sec. 382.41(c)]
by a level-entry loading bridge or needs to enter or leave the aircraft. [Sec. Example: Because a passenger with a
accessible passenger lounges where 382.39(a)(2)] disability arrived at the airport late, time and
these means are available. [Sec. space constraints on board the aircraft
382.39(a)(2)] But depending on the size Except in an Emergency Evacuation, No
require you to store her assistive walking
of the aircraft, carriers have different Hand-Carrying Passengers device in first class, even though her seat
obligations to provide boarding Under no circumstances—except for assignment is in the back of the plane in
assistance to individuals with a emergency evacuations—should you economy class. She insists that she has the
disability using mechanical lifts, ramps, physically pick up a passenger with a right to have her assistive walking device
disability to provide boarding or stored near her. She explains further that she
or other suitable devices that do not would need this device to access and use the
require you to physically lift or carry deplaning assistance. [Sec. 382.39(a)(2)] lavatory. What should you do?
passengers up stairs. [Secs. 382.40 and Example: A woman asks for assistance in You must permit a passenger with a
382.40a] boarding a flight with 30 seats. General disability to bring her assistive devices into
boarding for passengers is by a set of stairs the cabin as long as FAA safety regulations
Boarding and Deplaning Assistance on the tarmac. When she arrives at the gate are met. [Sec. 382.41(b)] In addition, the rule
Where Level-Entry Boarding Is and asks for boarding assistance, she is generally requires you to allow a passenger
Unavailable provided a boarding wheelchair, but you to stow her assistive device close to her seat,
For aircraft with 19 or more seats inform her that the mechanical lift is out of consistent with FAA safety regulations
order. The passenger tells you to physically concerning carry-on items. [Sec. 382.41(c)]
operating at airports with 10,000 or pick her up and carry her up the stairs and Under the circumstances, you should
more annual enplanements where level- onto the plane because she really needs to reassess the storage space and consider either
entry boarding is not available [Secs. make the flight. What should you do? moving the passenger closer to her walker or
382.40(a) and 382.40a(a)], carriers must Under the law, you must not physically the walker closer to the passenger.
provide boarding assistance to hand-carry the passenger onto the plane.
Hand-carrying is only appropriate in the case You must not count assistive devices
passengers with a disability using
of an emergency evacuation. Even though the brought on board the aircraft by a
mechanical lifts, ramps, or other
law states that the passenger must consent to passenger with a disability toward the
suitable devices that do not require you
the type of boarding assistance and she has limit on the passenger’s carry-on items.
to physically lift or carry passengers up requested to be hand carried, you must not [Sec. 382.41(d)] Wheelchairs and other
stairs. [Secs. 382.40(b) and 382.40a(b)] hand-carry her onto the aircraft. Instead, you assistive devices that cannot be stowed
In addition, carriers may require that a should contact a CRO for advice about in the cabin must be stowed in the
passenger seeking boarding assistance options for alternative means of boarding the
passenger, e.g., carrying the boarding baggage compartment with priority over
by use of a lift check in for the flight one
wheelchair, with the passenger in it, up the other cargo and baggage. [Sec.
hour before the scheduled departure
stairs and onto the plane. Next, you and the 382.41(f)(3)] In addition, because
time. [Secs. 382.40(c)(3) and
CRO should explain to the passenger that, carriers cannot charge for facilities,
382.40a(c)(3)] You must make a under the law, you are not permitted to equipment, or services required under
reasonable effort to accommodate the physically hand-carry her onto the plane. In the law to be provided to qualified
passenger and provide the boarding addition, you should explore other available individuals with a disability, no charge
assistance by lift even if the passenger options for assisting this passenger with
boarding the aircraft, including carrying the
would be imposed if a wheelchair or
does not check in one hour before the
passenger onto the plane in a boarding assistive device exceeded the weight
scheduled departure time, as long as it
wheelchair or arranging for another flight limit on checked baggage. [Sec. 382.57]
would not delay the flight.
Boarding assistance by mechanical lift with a working lift or a jet bridge. If the Example: A passenger with multiple
passenger consents to being carried onto the sclerosis is one of many passengers on a
is not required in the following plane in the boarding wheelchair, you may
situations: flight who is informed that the flight will not
do so. Regardless, you should notify the be taking off because of mechanical
• On aircraft with fewer than 19 seats; appropriate personnel that the mechanical problems. It is late at night and the carrier
• On float planes; lift is not functioning properly and arrange has announced that the passengers will be
• On the following 19-seat capacity for repair as quickly as possible. put up in a hotel for the night and
aircraft models that are unsuitable for rescheduled on a flight leaving the following
boarding assistance by lift: the Fairchild D. Stowing and Treatment of Personal
morning. The passenger with multiple
Metro, the Jetstream 31, and the Beech Equipment sclerosis approaches you when she hears the
1900 (C and D Models); You should be familiar with the legal announcement and explains that she needs
• On any other 19-seat aircraft model requirements for storage and treatment access to her checked luggage because it
determined by DOT to be unsuitable for of personal equipment used by contains her syringe and medication for her
boarding assistance by lift; [Sec. passengers with a disability, including multiple sclerosis which she must take on a
382.40(c)(4)]; or ventilator/respirators, non-spillable daily basis. What should you do?
• On any widebody aircraft The passenger’s syringe and medication
batteries, canes, wheelchairs, and other would be considered an assistive device
determined by DOT to be unsuitable for assistive devices. [Sec. 382.41] under the law. Under section 382.41(f)(1),
boarding assistance by lift, ramp, or because the passenger requested the return of
other device. Storing Assistive Devices in the Aircraft
Cabin her assistive device, you must return it to
If boarding assistance by lift is not her. As a matter of customer service, you may
required (as set forth above) or it cannot You must allow passengers with a also advise such passengers (e.g., via the
be provided for reasons beyond the disability to bring their personal carrier’s Web site or other consumer
information materials) that the carrier A passenger’s wheelchair or other the battery. If the wheelchair cannot be
recommends to all of its passengers who assistive device must be stowed in the stowed in the cabin without removing
require such medication or other items for baggage compartment with priority over the battery, then you must remove the
medical necessity to bring a carry-on bag other items and baggage. [Sec. battery and stow it in the baggage
containing the medication or other item on
board. Such medication carry-on bags would
382.41(f)(3)] In order to ensure the compartment in the proper packaging as
not be counted toward the passenger’s carry- timely return of a passenger’s set forth above. In this case, you must
on baggage allotment. wheelchair or other assistive device, it permit the wheelchair, with the battery
must be among the first items retrieved removed, to be stowed in the cabin.
Wheelchairs from the baggage compartment. [Sec. [Sec. 382.41(g)(5)]
Carriers must permit storage in the 382.41(f)(2)] If giving priority to You must permit passengers with a
cabin of wheelchairs or components of wheelchairs and other assistive devices disability to provide written
wheelchairs, including folding, results in passengers’ non-assistive instructions concerning the disassembly
collapsible, or breakdown battery- device-related baggage being unable to and reassembly of their wheelchairs.
powered wheelchairs [Sec. 382.41(e)] as be carried on the flight, you must use [Sec. 382.41(h)]
follows: your best efforts to ensure that the non- When you disassemble wheelchairs or
• In overhead compartments and assistive device-related baggage reaches other assistive devices for stowage, you
under seats consistent with FAA safety the passengers’ destination within four must reassemble them and ensure their
regulations for carry-on items. [Sec. hours of the scheduled arrival time of prompt return to the passenger with a
382.41(e)(1)] the flight. disability. You must return a wheelchair
• If the aircraft contains a closet or or other assistive device to the
Battery-Powered Wheelchairs
storage area of a size sufficient to passenger in the same condition in
You must accept a passenger’s which you received it. [Sec. 382.43(a)]
accommodate a passenger’s folding, battery-powered wheelchair, including On domestic flights, the normal
collapsible, or breakdown wheelchair, the battery, as checked baggage unless baggage liability limits do not apply to
the carrier must designate priority baggage compartment size and aircraft loss, damage, or delay concerning
stowage space for at least one airworthiness considerations prohibit it. wheelchairs or other assistive devices.
passenger’s wheelchair in that area. If a [Sec. 382.41(g)] Instead, the criterion for calculating the
passenger with a disability decides to Carriers may require that a passenger compensation for lost, damaged, or
pre-board, the passenger may stow the with a disability wishing to have a destroyed wheelchairs or other assistive
wheelchair in the designated storage battery-powered wheelchair transported devices must be the original price of the
space with priority over the carry-on on a flight (including in the cabin where device. [Sec. 382.43(b)] Moreover, you
items brought on board by other required) check in for the flight one must not require a passenger with a
passengers or crew members boarding hour before the scheduled departure disability to sign a waiver of liability for
the plane at the same airport. If, on the time. [Sec. 382.41(g)(1)] You must also damage to or loss of a wheelchair or
other hand, a passenger with a disability make a reasonable effort to other assistive device, although you may
chooses not to pre-board, the passenger accommodate the passenger and make notes about preexisting damage or
may stow the wheelchair in the transport the wheelchair even if the conditions of wheelchairs or other
designated storage space on a first-come, passenger does not check in one hour assistive devices. [Sec. 382.43(c)]
first-served basis along with all other before the scheduled departure time, as
passengers seeking to stow carry-on Example: A passenger with a battery-
long as it would not delay the flight. powered wheelchair with a spillable battery
items in the space. [Sec. 382.41(e)(2)] If (i) the battery on the passenger’s arrived at his departure gate for his domestic
• If the aircraft cabin does not contain wheelchair has been labeled by the flight and airline personnel there determined
a storage area of a size sufficient to manufacturer as non-spillable or (ii) the that the wheelchair could not be loaded,
accommodate a folding, collapsible, or battery-powered wheelchair with a stored, secured, and unloaded in an upright
breakdown wheelchair, you must stow spillable battery can be loaded, stored, position. Therefore, they directed the
the wheelchair in the cargo secured, and unloaded in an upright appropriate personnel to remove and store
compartment with priority over other position, you must not require the the battery and gate check the wheelchair.
luggage. [Sec. 382.41(e)(3)] When the passenger arrives at his destination
battery to be removed and separately and the battery is replaced, it is done so
Wheelchairs Unable To Be Stowed in packaged. You may remove and package incorrectly and the entire electronic circuit
the Aircraft Cabin as Carry-On separately any battery that appears to be board of the wheelchair is severely damaged,
damaged or leaking. [Sec. 382.41(g)(2)] rendering the wheelchair temporarily
When a folding, collapsible, or break- When it is necessary to detach a unusable. What should you do?
down wheelchair cannot be stowed in battery from a wheelchair, you must Upon request, you must permit passengers
the cabin as carry-on baggage, you must provide packaging for the battery and with a disability to provide written
ensure the timely checking and return of package the battery consistent with instructions concerning the disassembly and
the passenger’s wheelchair or other reassembly of their wheelchairs. As a matter
appropriate hazardous materials of good customer service, you should
assistive device as close as possible to regulations. [Sec. 382.41(g)(3)] You must apologize to the passenger for the problem
the door of the aircraft, so that the not charge for such packaging. [Sec. and the resulting inconvenience. In addition,
passenger with a disability can use his 382.57] you should explain to the passenger that the
or her own equipment, where possible, You must not drain batteries. [Sec. carrier will compensate him for the damaged
consistent with DOT regulations 382.41(g)(4)] wheelchair in an amount up to the original
concerning transportation of hazardous If a passenger with a disability purchase price of the device. If, for example,
materials. [Sec. 382.41(f)] requests, you must stow a folding, the passenger provides you with
If, on the other hand, a passenger with breakdown, or collapsible battery- documentation that the original cost of the
wheelchair was $10,000 and verification that
a disability requests, you should return powered wheelchair in the cabin it cost $2,900 to be repaired, the carrier
the wheelchair or other assistive device consistent with the requirements set would pay the passenger or the repair
at the baggage claim area instead of at forth above. If the wheelchair can be company $2,900 to cover the cost of the
the door of the aircraft. [Sec. stowed in the cabin without removing wheelchair repair. In addition, paying for
382.41(f)(1)] the battery, then you must not remove reasonable costs associated with the rental of
a wheelchair by the passenger during the You are not required to provide neither open captioning nor a sign
repair period could also be recovered by the extensive special assistance to language interpreter inset could be
passenger from the carrier. passengers with a disability such as: placed in the video presentation
E. Services in the Cabin • Help with eating, for example, without so interfering with it as to
cutting food and feeding the passenger render it ineffective or if it would not be
Within the aircraft cabin, when [Sec. 382.39(c)(1)]; large enough to be readable. [Sec.
requested by a passenger with a • Assistance within the restroom or at 382.47(b)(2)] Carriers must implement
disability or when offered and accepted the passenger’s seat with elimination these requirements by substituting
by a passenger with a disability, you functions [Sec. 382.39(c)(2)]; or captioned video materials for
must assist the passenger in: • Provision of medical services. [Sec. uncaptioned video materials as the
• Moving to and from a seat as part 382.39(c)(3)] uncaptioned materials are replaced in
of enplaning and deplaning [Sec. You cannot require that a passenger the normal course of the carrier’s
382.39(b)(1)]; with a disability sit on a blanket. [Sec. operations. [Sec. 382.47(b)(3)]
• Preparing for eating, such as 382.55(b)] Timely and Complete Access to
opening packets and identifying food F. Safety Briefings Information
[Sec. 382.39(b)(2)]; Carriers must ensure that, upon
Individual Safety Briefings
• If there is an on-board wheelchair, request, passengers with a disability,
using the on-board wheelchair to enable Under certain circumstances, you including those who are (i) blind or
the passenger to move to and from the must provide individual safety briefings visually impaired; or (ii) deaf, hard of
lavatory which, if requested, could to a passenger with a disability. Federal hearing, or deaf-blind, have timely
entail transferring the passenger from a safety regulations require you to access to information being provided to
seat to an aisle chair [Sec. 382.39(b)(3)]; conduct an individual briefing for each other passengers, including but not
• Moving to and from the lavatory, if passenger who may need assistance to limited to, information concerning
the passenger is semi-ambulatory, not move expeditiously to an emergency ticketing, flight delays, schedule
involving lifting or carrying the exit. You must brief the passenger and changes, connections, flight check-in,
individual [Sec. 382.39(b)(4)]; and the attendant, if any, on the routes to the gate assignments, the checking and
appropriate exit and on the most claiming of luggage, and aircraft changes
• Loading and retrieving carry-on
appropriate time to move toward the that will affect the travel of passengers
items, including mobility aids and other
exit in the event of an emergency. In with a disability. [Sec. 382.45(c)]
assistive devices stowed in the cabin
addition, you must ask the passenger Passengers who are unable to obtain the
[Sec. 382.39(b)(5)];
and the attendant, if any, the most information from the audio or visual
Example 1: A passenger using a boarding appropriate manner of assisting the systems in airports or on board must
wheelchair asks for help storing her carry-on passenger. [14 CFR 121.571(a)(3)] You request the information from you. In
item in the overhead compartment because, may offer such briefings to other
it is apparent, her disability limits her ability
other words, as a practical matter,
passengers. [Sec. 382.45(b)(2)] passengers may have to identify
to reach up to the overhead compartment.
What should you do? In the case of private safety briefings themselves as (i) blind or visually
You must either assist the passenger for passengers with a disability: impaired; or (ii) deaf, hard of hearing, or
directly or indicate that you will find the • You must conduct the briefing as deaf-blind in order to obtain the
appropriate employee to assist her in stowing inconspicuously and discreetly as information. See Chapter 7 in general
her carry-on bag in the overhead possible. [Sec. 382.45(b)(3)] and ‘‘Tips for Assisting People Who Are
compartment. • You must not require a passenger Blind or Visually-Impaired’’ and ‘‘Tips
Example 2: A passenger who walks onto with a disability to demonstrate that the for Assisting People Who Are Deaf,
the plane for an evening flight with a rolling person has listened to, read, or Hard of Hearing, or Deaf-Blind’’ in
carry-on bag asks for help lifting his bag and
understood the information presented, particular.
putting it in the overhead storage
compartment. What should you do? except to the extent that you or other
Chapter 6: Assisting Air Travelers With
Since he has not identified himself as a employees impose such a requirement
Disabilities With Their Complaints
qualified individual with a disability, you on all passengers with respect to the
may want to ask for further clarification. general safety briefing. A. Complaint Procedures and Complaints
Because, under the law, normally you cannot • You must not take any action Resolution Officials (CRO’s)
ask a passenger if he has a disability, you adverse to a passenger with a disability B. Process to Resolve Complaints
might ask, ‘‘Is there any particular reason you C. General Complaint Resolution Tips
on the basis the individual has not
need assistance sir?’’ or ‘‘Could you tell me D. Recording, Categorizing, and Reporting
‘‘accepted’’ the briefing. [Sec. Written Disability-related Complaints
a little about your need for help?’’ or ‘‘Are
382.45(b)(4)] Received by Carriers
you unable to lift it yourself?’’ If, for
example, the passenger explains that he has Accommodations for Passengers Who A. Complaint Procedures and
multiple sclerosis and his muscles are Are Deaf or Hard of Hearing Complaints Resolution Officials (CRO’s)
particularly fatigued at the end of the day
and therefore he needs help lifting things, If the safety briefings are presented to Carriers must (i) establish a procedure
you must either assist the passenger directly passengers on video screens, carriers for resolving disability-related
or indicate that you will find the appropriate must ensure that the video presentation complaints raised by passengers with a
employee to assist him in stowing his carry- is accessible to passengers who are deaf disability and (ii) designate at least one
on bag. If, on the other hand, the passenger or hard of hearing. [Sec. 382.47(b)] More CRO to be available to handle disability-
states that he is merely tired and doesn’t feel specifically, carriers must implement related complaints at each airport the
like lifting the bag, the passenger is not a this requirement by using open
qualified individual with a disability and,
carrier serves. [Sec. 382.65(a)] Each CRO
therefore, you are not obligated to assist him.
captioning or an inset for a sign must be trained and thoroughly
You may politely decline to assist him, language interpreter as part of the video proficient with respect to the rights of
depending on the carrier’s policies regarding presentation. [Sec. 382.47(b)(1)] A passengers with disabilities under the
assistance with stowing carry-on items for carrier may use an equivalent non-video ACAA and accompanying regulations.
passengers. alternative to this requirement only if [Secs. 382.61(a)(7) and 382.65(a)(3)] The
carrier must make a CRO available to summary of the facts and the reasons for appropriate responses to individuals
any person who makes a disability- the determination. [Sec. with physical, sensory, mental, and
related complaint during all times the 382.65(a)(5)(iii)] This statement must be emotional disabilities. [Sec.
carrier is operating at an airport and provided in person to the passenger at 382.61(a)(2)]
should make that person aware of the the airport, if possible; otherwise, it You should be familiar with your
existence of the Department of must be forwarded to the passenger carrier’s established procedures and the
Transportation’s aviation consumer within 10 calendar days of the CRO’s duties and responsibilities with
disability hotline for resolving issues complaint. [Sec. 382.65(a)(5)(iv)] respect to resolving a complaint raised
related to disability accommodations. The written statement provided to the by a passenger with a disability. You
The toll-free number for the hotline is complaining passenger must include should convey this information to
1–800–778–4838 (voice) and 1–800– information about the right to pursue passengers with a disability under the
455–9880 (TTY). DOT enforcement action under the law. appropriate circumstances.
[Sec. 382.65(a)(5)(iv)] When resolving complaints from a
Availability of the CRO
passenger with a disability, you should
Carriers must make a CRO available at Written Complaints Received After the keep the following in mind:
all times the carrier is operating at each Trip • Request assistance from a CRO
airport it serves. [Secs. 382.65(a)(1) and You should be aware of your carrier’s immediately or assist the passenger with
(2)] The CRO may be made available in established procedure for resolving a disability in doing so, if the passenger
person or by telephone. If the CRO is written complaints from passengers requests to speak with a ‘‘supervisor’’ or
made available by telephone, it must be with a disability. [Sec. 382.65(b)] In ‘‘manager.’’
at no cost to the passenger. The CRO addition, under the law, a carrier is not • Contact a CRO if you are having any
must be accessible via a TTY for required to respond to a written difficulty providing an accommodation
passengers who are deaf or hard of complaint postmarked more than 45 required by law or carrier policy to a
hearing. If a passenger with a disability, days after the date of the alleged passenger with a disability.
or someone on behalf of a passenger violation. [Sec. 382.65(b)(1)] Your • Carry the information about how to
with a disability, complains about an carrier must provide a dispositive contact a CRO with you at all times.
alleged violation or potential violation written response within 30 days of Remember a CRO may be available in
of the law, you must put the customer receipt of a written complaint person or by telephone but a CRO must
in touch with a CRO on duty. [Sec. describing a situation that would be available during all hours of the
382.65(a)(1)] A CRO has the authority to constitute a violation of the law. [Sec. carrier’s operation at the airport.
resolve complaints by passengers with a 382.65(b)(3)] B. Process To Resolve Complaints
disability on behalf of the carrier. [Sec. You should provide all information
382.65(a)(4)] regarding written complaints—and in When you receive a complaint from a
general—in a polite and respectful passenger with a disability, there are
Complaints Made During the Trip certain requirements under the law with
manner as a matter of high standards of
When a passenger with a disability customer service. which you, your carrier, and a CRO
makes a complaint to a CRO during the Depending on the carrier’s must comply. Even if you call a CRO,
course of the trip (e.g., over the determination, its response to a written it is important to be able to assess the
telephone or in person at an airport), the complaint must include the following: situation firsthand through observation,
CRO must promptly take action to • If the carrier agrees that a violation communication, and information
resolve the problem as follows: has occurred, the carrier must provide a gathering because a CRO is not always
• If no violation of the law has written statement to the complaining available on site and may only be
occurred yet, the CRO must take action passenger summarizing the facts and involved in resolving the complaint via
or direct other employees to take action stating what steps, if any, the carrier telephone.
to ensure compliance. Only the pilot-in- proposes to take in response to the Having a consistent process for
command of an aircraft has final violation. [Sec. 382.65(b)(3)(i)] fielding these complaints will assist you
authority to make decisions regarding • If the carrier denies that a violation in complying with those legal
safety and the CRO cannot countermand has occurred, the written response must obligations and providing good
a pilot’s decisions regarding safety. [Sec. include a summary of the facts and the customer service. Learning what the
382.65(a)(5)(i)] carrier’s reasons under the law for particular problem is, finding the
• If a passenger complains about a making its determination. [Sec. applicable rule, regulation, or policy
disability-related issue or alleges a 382.65(b)(3)(iii)] that addresses the situation, and
violation of the law that has already The written statement provided to the remedying the situation by taking
occurred and the CRO agrees that a complaining passenger must include affirmative action are important aspects
violation has occurred, the CRO must information about the right to pursue of the process.
provide the complaining passenger with DOT enforcement action under the law. The ACCESS checklist set forth below
a written statement summarizing the [Sec. 382.65(b)(3)(iii)] provides an easy way to remember how
facts at issue and the steps, if any, the to respond to these complaints.
carrier proposes to take in response to Responsibilities of Employees Other
Remember ACCESS as a thorough and
the violation. [Sec. 382.65(a)(5)(ii)] This Than the CRO
useful process through which you can
statement must be provided in person to You should be aware that all address the complaint or refer it to a
the passenger at the airport, if possible; personnel dealing with the traveling CRO as needed.
otherwise, it must be forwarded to the public should be trained to proficiency
passenger within 10 calendar days of regarding the legal requirements and the ACCESS
the complaint. [Sec. 382.65(a)(5)(iv)] carrier’s policies concerning the Ask the passenger with a disability
• If a passenger alleges a violation of provision of air travel to individuals how you may assist with concerns.
the law but the CRO determines that no with disabilities. [Sec. 382.61(a)(1)] Listen actively and carefully to what the
violation has occurred, the CRO must These employees must receive training passenger tells you and ask for further
provide a written statement including a regarding awareness about and clarification when necessary.
Call a CRO and report the complaint Thank the passenger for bringing the • Even if you call a CRO, it is
if you are unable to resolve the problem. problem to your attention and ask if the important to be able to assess the
If a passenger with a disability would passenger has any additional questions situation firsthand through observation,
like to contact a CRO directly, you must about the solution you or a CRO has communication, and information
assist the passenger in doing so. If your provided. Ask if you are able to assist gathering because a CRO is not always
carrier has an internal procedure for with any other concerns. available on site and may only be
documenting complaints that requires involved in resolving the complaint via
CRO involvement or for documenting C. General Complaint Resolution Tips
telephone.
other types of passenger complaints, fill • You should familiarize yourself
out the appropriate forms, if any, and with this manual (and Appendix V D. Recording, Categorizing, and
provide relevant and detailed containing the full text of part 382) and Reporting Written Disability-Related
information to satisfy that internal your carrier’s policies (concerning the Complaints Received by Carriers
carrier policy. law as well as good customer service). Certificated U.S. carriers and foreign
Check this manual (and Appendix V First and foremost, you must not violate carriers 1 operating to, from, and in the
containing the full text of Part 382) and the civil rights of passengers with a United States using at least one aircraft
your carrier’s policies (concerning the disability. In addition, you should treat with more than 60 passenger seats must
law as well as good customer service) to passengers in a manner consistent with record, categorize, and report written
identify the issue at hand. If you need good customer service policy. disability-related complaints received
assistance, ask a CRO on duty. • You should work as quickly as by the carrier to DOT on an annual
Evaluate the relevant provisions of possible to ensure prompt service and, basis. [Secs. 382.70(b) and (c)] The first
this manual (and Appendix V at the same time, respect for the needs annual report covers calendar year 2004
containing the full text of part 382) and of passengers with a disability. and was due to be submitted to DOT by
your carrier’s policies to determine the • You should be aware of your January 25, 2005. [Sec. 382.70(d)] In
appropriate options for resolving the carrier’s procedures for addressing addition, carriers must use the form
problem considering the following complaints. You should take the time specified in Appendix A to part 382
factors: necessary to resolve the complaint when making the annual report to DOT.
• Does the solution comply with the while maintaining flight schedules. If an See Appendix V. Carriers must develop
law? unfamiliar situation presents itself or a system for recording and collecting
• Does the solution comply with your
you have any doubts or questions, you data regarding specific categories of
carrier’s policies?
• Is there a question of airline and should contact your immediate written disability-related complaints
passenger safety? (Remember, the pilot- supervisor or a CRO for prompt that they receive according to the type
in-command of an aircraft is the final resolution of the issue. of disability and the nature of the
arbiter of a safety issue.) • You should make reasonable complaint. [Sec. 382.70(c)]
• Does the solution meet the needs of attempts to keep the passenger with a
Chapter 7: Interacting With People
the passenger with a disability? disability informed about your or other
With Disabilities
• Can the solution be implemented in carrier personnel’s progress with respect
a timely manner, e.g., to help the to resolving a complaint. When assisting and interacting with
passenger with a disability make the • You should avoid engaging in an individuals with disabilities, you
flight or receive the accommodation? argument with a passenger with a should use language that gives an
Solve the problem by providing the disability presenting a complaint. accurate, positive view of them. You
passenger with a disability with the • You should listen carefully and should focus on the person first, not the
information, services, or appropriate actively, evaluate appropriate options disability, and avoid language that
action required under the law. under the law and your carrier’s policy, reinforces myths, stereotypes, and
Satisfy the passenger with a disability and communicate the basis for the discrimination.
to the extent possible when complying action taken (or not taken) to the Below is a chart listing some currently
with the law. Communicating the basis passenger with a disability in a acceptable terminology and terminology
for the action taken (or not taken) to the respectful and polite manner to ensure to avoid when addressing or referring to
passenger with a disability is critical. effective complaint resolution. people with disabilities.
Use Avoid
Person with a disability ............................................................................. Handicapped or deformed.

Person who is deaf ................................................................................... The deaf.
Person who is blind or visually-impaired .................................................. The blind; the visually-impaired.
Woman with an emotional disorder, psychiatric illness, or psychiatric Crazy, demented, lunatic, psycho, or maniac.
disability.
Person using a wheelchair, wheelchair user ........................................... Confined to a wheelchair, wheelchair bound, or crippled.
Person with AIDS or living with AIDS ...................................................... Afflicted with AIDS, victim of AIDS, or suffers from AIDS.
Congenital disability .................................................................................. Birth defect.
Man who has cerebral palsy .................................................................... Afflicted with cerebral palsy or suffers from cerebral palsy.
Woman who has Down syndrome ........................................................... Mongol, mongoloid, or retarded.
Person with head injury, people who have sustained brain damage, or Brain damaged.
woman who has traumatic brain injury.
Person who has a speech disorder or woman without speech ............... Mute or dumb.
Man with quadriplegia or woman who is paralyzed ................................. Crippled.
Person of small or short stature ............................................................... Dwarf.
Nondisabled .............................................................................................. Normal, able-bodied, healthy, or whole.
1 Foreign carriers are covered by this section only

associated with any flight segment originating or
terminating in the United States. [Sec. 382.70(b)].
with respect to disability-related complaints
It may not be apparent whether a extra time and energy that traveling may to need help. If the passenger asks for
person is an individual with a require for a person with a disability. help, ask how you can assist and listen
disability. You should provide an For example, you should realize that a to the passenger’s response and
opportunity for a passenger to self- person with a disability may not have instructions before you act. If you have
identify as an individual with a the flexibility and spontaneity to react any doubts as to how to assist a
disability by asking if the person needs to unexpected situations. Understand passenger with a disability, you should
assistance and, if so, how best you can that making adjustments may take more ask the passenger for guidance before
assist with those needs. Keep in mind time or may require additional attention acting. Avoid being overly enthusiastic
that you cannot require an individual or services for passengers with a about helping and always think before
with a disability to accept special disability. you speak and act when offering
services, including pre-boarding. • Be yourself and be self-aware. It is assistance.
important to relax, be yourself, and • Respect personal space. Be
Some Examples of Physical maintain the conversational style you sensitive about physical contact. Avoid
Impairments [Sec. 382.5(a)(1)] would use for anyone else when you are patting an individual with a disability
• Orthopedic impairment; speaking with a person with a disability. or touching the individual’s wheelchair
• Deafness (profound hearing loss); Be aware of the possibility that your or cane. People with disabilities
• Hard of hearing (mild to profound body language could convey discomfort consider their assistive devices to be
hearing loss); or impatience; try to avoid this. Also, part of their personal space.
• Vision impairment and blindness; respect the privacy of individuals with • Speak directly to the passenger.
• Speech disorder; disabilities. Asking about a person’s Always make eye contact and speak
• Cerebral palsy; disability can be perceived as intrusive directly to a person with a disability,
• Epilepsy; and insensitive. It might be interpreted
• Muscular dystrophy; not the person’s companion, attendant,
as placing the disability above the or interpreter.
• Multiple sclerosis;
human being. • Treat each passenger as an
• Cancer; • Don’t make assumptions. Don’t
• Heart disease; and individual. It is important to recognize
• Diabetes. assume that all individuals with a that people with disabilities may vary in
disability automatically need assistance. their ability to perform certain tasks.
Some Examples of Mental or Keep in mind that if the setting is Individuals with a disability are best
Psychological Impairments [Sec. accessible, individuals with a disability able to assess and gauge what they can
382.5(a)(2)] would usually prefer to operate and cannot do in a particular situation.
• Mental retardation; independently. It is always important to keep the
• Depression; • Emotions matter. Acknowledge the above tips in mind when assisting and
• Anxiety disorders; emotions of the person in a stressful communicating with passengers with
• Specific learning disabilities; and situation, e.g., frustration or disabilities. As a practical matter
• Brain injury. disappointment. When acknowledging though, you will need to be aware of
Below is a list of general tips to the emotions of others, it may be more different considerations depending on
consider when interacting with people effective to use ‘‘you’’ rather than ‘‘I.’’ the type of disability the passenger self-
with disabilities followed by tips For example, use, ‘‘You must be identifies as having.
relating to interacting with individuals frustrated by having to wait for your Below are five basic types of
with one or more of the five basic types checked wheelchair.’’ Not, ‘‘I disabilities with a list of considerations
of disabilities. These tips are aimed at completely understand how you feel, I to keep in mind when you are
ensuring that services, facilities, and had to wait forever at a supermarket communicating with and
other accommodations are provided to check-out yesterday.’’ accommodating passengers with each
passengers with disabilities in a • Focus on the person, not the type of disability. Even though these
respectful and helpful manner. disability. The emphasis is on the five types of disabilities are set forth
Some of the tips relate to specific person first, not the disability. here, each passenger with a disability
legal requirements, but most of them set • Keep the passenger informed. When
should be considered as an individual
forth suggestions for interacting in a providing an accommodation to a
with individual needs. It is important
way that would constitute good passenger with a disability, keep the
for you to communicate with each
customer service and demonstrate a passenger updated about the progress or
passenger about that particular
sensitivity to the issues concerning timing in connection with such
passenger’s needs under the
passengers with disabilities. The accommodation.
circumstances and to avoid making
following tips should be read and • Knowledge is useful. Be aware of
assumptions about the passenger’s
employed with the above qualification the services, information, and resources
needs. The five basic types of
in mind. available to a person with a disability
disabilities addressed below are: People
who asks about a particular
General Tips for Interacting With who are blind or visually-impaired;
accommodation. If you don’t know the
Individuals With Disabilities people who are deaf, hard of hearing, or
answer to the question, treat the
• Always ask. The most effective and deaf-blind; people with mobility
individual with respect and courtesy
simplest step for you to take when you disabilities; people who have difficulty
and say, ‘‘Let me find out for you.’’
are uncertain about a passenger’s needs speaking, and people with disabilities
Don’t make guesses about what
is to ask, ‘‘May I assist you?’’ or ‘‘Please that are not apparent (e.g., a cognitive or
accommodations or services to provide
let me know how I can assist you.’’ A emotional disability, diabetes, etc.).
a person with a disability. When
passenger with a disability has the most explaining requirements under the law Tips for Assisting People Who Are Blind
information about his or her abilities, to a passenger with a disability, avoid or Visually-Impaired
level of familiarity with the airport and rendering legal advice or counseling the
airline, and needs when traveling. Communication
person in any way.
• Appreciate the passenger’s • The passenger is the expert. Offer • Only offer assistance if it seems
perspective. Take into consideration the assistance only if the passenger appears appropriate. Ask the person if you can
be of assistance and, if so, how you can as a guide through the terminal. When person self-identifies as a person who is
help. encountering stairs, escalators, moving deaf, hard of hearing, or deaf-blind.
• Identify yourself by name and job walkways, revolving doors, etc., give the • When speaking, look directly at the
responsibility first. person who is blind the option to person who is deaf or hard of hearing.
• Always communicate using words choose whether to use the facility or The person may use speech/lip reading
rather than relying on gestures, facial conveyance. For example, you might as a method of communicating. Use
expressions, or other nonverbal say, ‘‘We can just keep walking or use normal lip movement. Use a normal
communication. For example, tell the the moving sidewalk. Which would you tone of voice when speaking to a person
passenger the gate number and the prefer?’’ Never assume that a person who is deaf or hard of hearing. Don’t
directions to get to the gate. If you are who is blind cannot use these devices shout because shouting distorts the
handing a boarding pass to a blind because of blindness. Instead, offer the sound, words, and lip movement.
passenger, explain that you have the individual the freedom and flexibility to Sometimes you may need to rephrase
person’s boarding pass and that you choose which devices and facilities he your message because many words have
would like to place it directly in the or she would like to use. Describe the the same lip movement, e.g., 15 and 50
person’s hand. Always communicate in environment in detail as you go and ask have the same lip movement. If writing
words what you are doing, e.g., waiting the person if he or she would like you a note, make the message short and
to receive confirmation of a reservation, to point out airport amenities such as simple.
and identify any items you are giving to restaurants, shops, ATM machines, • Identify yourself by name and job
the passenger, e.g., a credit card, tickets, restrooms, airline club lounges, responsibility first.
voucher, etc. displays, or other terminal facilities. • If individual safety briefings are
• Make sure a passenger who is blind Note any obstacles and their location in required, conduct them discreetly with
is made aware of all relevant your path. If you need to provide a respect for the privacy of the person
information as it becomes available to warning, be as specific as possible. Offer who is deaf, hard of hearing, or deaf-
all passengers. For example, if a to orient the person to the gate or other blind.
boarding time is changed and the new terminal area in case he or she would • Make sure a passenger who is deaf,
boarding time is posted visually at the like to walk around, e.g., you could say, hard of hearing, or deaf-blind receives
gate, you must inform the person orally. ‘‘All even numbered gates are on our all relevant information as it becomes
Advise the passenger when you are right when walking from security and available to all passengers. For example,
leaving the area and answer any odd numbered gates are on the left.’’ if a boarding time is changed and the
questions the person has before you do.
• When you are done guiding the new boarding time is announced, you
• If individual safety briefings are
person to his or her destination, ask him must inform the person through an
required, conduct them discreetly with
or her if any other assistance is needed. accessible method of communicating.
respect for the privacy of the person
Only if the person who is blind has • If a person uses a term relating to
who is blind or visually-impaired.
• If a person uses a term relating to requested should you inform other the condition of being deaf, hard of
the condition of being blind or visually- passengers or carrier personnel of the hearing, or deaf-blind that you are not
impaired that you are not familiar with individual’s need for additional familiar with or that you don’t
or that you don’t understand, ask the assistance. understand, ask the person to tell you
person to tell you what his or her needs • Be aware that many people who are what his or her needs are. If you need
are. If you need additional information, blind prefer to walk rather than use additional information, you should
you should contact the CRO to discuss wheelchairs, electric carts, etc. You may contact the CRO to discuss how best to
how best to proceed. In addition, be not require a person who is blind to use proceed.
aware that your carrier may provide a wheelchair and, if requested, you must • A deaf-blind person may
additional training to educate you about provide a walking guide for the person communicate through the printing on
the different types of disabilities in who is blind. palm method, an alternative to using
order to enhance your ability to sign language. This method involves
Service Animals and Assistive Devices ‘‘writing’’ with your fingertip on the
accommodate passengers with
disabilities. • Never pet or distract a service palm of the deaf-blind person’s hand.
• Keep in mind that the special animal accompanying a person who has Use the fleshy part of your fingertip, not
service request (SSR) field of the a disability. Don’t separate passengers your nail. Always use all upper case
passenger name record (PNR) may who are blind from their service letters and use the same reference point
contain information concerning a animals. for each letter. More specifically, hold
passenger who is blind or visually • Don’t move a person’s cane or the deaf-blind person’s hand the same
impaired. assistive device if the person has placed way each time, so the top and bottom
it on the ground near a seat. If you ask letter falls in the same place. Make sure
Guiding a Person the words you print are ‘‘right side up’’
and receive permission, you may help
• Never take the arm of a person who the passenger collect things if need be, for the person receiving the message.
is blind without asking first, because the e.g., carry-on items, jackets. Write as large as possible and start in
person could lose balance. In addition, the upper left for a ‘‘W’’ and finish in
if you don’t ask first, the person who is Tips for Assisting People Who Are Deaf, the upper right. Use the entire palm area
blind could perceive a lack of respect Hard of Hearing, or Deaf-Blind for each letter. Use one stroke for both
because he or she was not given the Communication the letter ‘‘I’’ and the number ‘‘1’’. The
option of receiving the assistance. Once difference will be obvious from the
you ask if you can offer your arm, let the • Remember that people who are context of what you are spelling. When
person who is blind take it. You may deaf, hard of hearing, or deaf-blind have you finish a word, ‘‘wipe it off’’ using
direct the person’s arm to a railing or various ways of communicating, e.g., the palm of your hand. This action
the back of a chair to assist with seating. sign language, speech/lip reading, TTY, indicates that you have finished one
• Walk approximately a half step hearing aid or implant. A person’s word and you are beginning a new
ahead of the person if you are serving deafness can go unnoticed unless the word.
• Keep in mind that the special accommodated by your carrier on the • Don’t shout.
service request (SSR) field of the particular flight. • Difficulty speaking does not
passenger name record (PNR) may • Understand the proper function and indicate a lack of intelligence.
contain information concerning a storage of the different types of
Tips for Assisting People Who Have
passenger who is deaf, hard of hearing, wheelchairs and assistive devices. Ask
Disabilities That Are Not Apparent
or deaf-blind. the person with the mobility disability
the best way to handle the device. Communication
Guiding a Person Who Is Deaf-Blind • Consider keeping information • Do not make assumptions about the
• Touch the person gently and offer handy about businesses providing needs of people if their behavior
your arm. Let the person take your wheelchair repair in the area in case a appears to be unusual to you. Cognitive
upper arm near your body; this way he person with a mobility disability needs disabilities may cause people to reason,
or she can feel the change in gait as you the information. draw conclusions, or respond more
approach different barriers and prepare Assisting With Transfers and Movement slowly. People with cognitive
for them. Don’t take or grab the arm of Through Terminal disabilities may appear easily
the person who is deaf-blind distracted. Depending upon the
(particularly the arm with which the • If you must transfer a person with
disability, the person may understand
person is holding a cane or guide dog a mobility disability from an aisle chair
materials in written form or through a
harness) and don’t push him or her to a seat on the aircraft, or perform any
verbal explanation. They may also find
along. If the person has a guide dog, go other kind of transfer, explain the
the background noise of a busy airport
to the side opposite the service animal transfer procedures and listen to any
terminal extremely distracting.
and offer your arm (usually the person’s instructions or preferences from the
• Disregard any speech impairments
right side). Remember the person who is person before undertaking the transfer.
or physical tics by being patient and
deaf-blind cannot hear you. Therefore, • Be aware that, under the law, you
aware of your own body language and
information regarding obstacles, stairs, can never physically hand-carry a
facial expressions that could convey
etc. must be given tactually. Deaf-blind person with a mobility disability (even
your own discomfort.
if both of you are willing) except in an
people often have poor balance so it is • If individual safety briefings are
helpful to offer a steady hand to aid in emergency evacuation situation.
orientation. Never leave a deaf-blind • When providing transportation
person in an open space, place his or between gates, ask the person with the
with a disability that is not apparent.
her hand on a wall, post, railing, or mobility disability if the person would
Similarly, if there is a concern that the
whatever is available. prefer to be pushed or not. If the answer
person is not medically stable enough
is yes, use elevators and avoid escalators
Service Animals for air travel, conduct the inquiry in a
and moving walkways. When
discreet manner and involve the CRO, if
• Never pet or distract a service maneuvering through the terminal, say,
necessary.
‘‘Excuse us.’’ Not, ‘‘Excuse me.’’
animal accompanying a person who has • If a person with a disability that is
a disability. Don’t separate passengers • Be aware that, under the law,
not apparent uses a term to describe a
who are deaf, hard of hearing, or deaf- carriers are not permitted to charge
disability that you are not familiar with
blind from their service animals. passengers with disabilities for services
or that you don’t understand, ask the
or equipment required by part 382. If,
Tips for Assisting People Who Have person to tell you what his or her needs
however, a passenger with a disability
Mobility Disabilities are. If you need additional information,
voluntarily offers to tip you for
you should contact the CRO to discuss
Communication providing a service, you should consult
how best to proceed.
your carrier’s policy to determine
• If a person uses a term to describe whether you can accept it. Service and Emotional Support Animals
a mobility disability that you are not
Service Animals • Be aware that people who have
familiar with or that you don’t
disabilities that are not apparent may
understand, ask the person to tell you • Never pet or distract a service
travel with emotional support animals
what his or her needs are. If you need animal accompanying a person who has
or other service animals. Never pet or
additional information, you should a mobility disability. Don’t separate
distract a service animal accompanying
contact the CRO to discuss how best to passengers with a mobility disability
a person who has a disability that is not
proceed. from their service animals.
apparent. Don’t separate passengers
• If individual safety briefings are
Tips for Assisting People Who Have from their service or emotional support
Difficulty Speaking animals.
with a mobility disability. Communication Indices
• When having a long conversation • Ask the person how he or she [A PDF copy and a Microsoft Word
with a person who is using a prefers to communicate. copy of the Technical Assistance
wheelchair, stoop down or sit nearby so • A pencil and paper may be okay for Manual containing an Alphabetical
that you are closer to eye level. short conversations. Index and a Part 382 Index are available
Wheelchairs and Other Assistive • If you do not understand something on the World Wide Web at http://
Devices that is said, tell the person you don’t airconsumer.ost.dot.gov.]
understand and ask the person to repeat.
• Be aware of the types of • Be patient, it may take a while to Appendix I
wheelchairs and assistive devices used communicate. Tips for Air Travelers With Disabilities
by people with mobility disabilities • Let the individual speak without There are some commonly used
when traveling. You must be able to attempting to finish his or her sentence. accommodations, facilities, and services that
provide information to people about the • To obtain information quickly, ask carriers are required to make available to
different types of wheelchairs, services, short questions that require brief ‘‘yes’’ passengers with disabilities. Appendix I sets
and other equipment provided or or ‘‘no’’ answers. forth a list of tips or general guidelines for
air travelers with disabilities to keep in mind descend steps, ask carrier personnel to CFR part 382) will permit you to be able to
that relate to these commonly used provide a wheelchair for longer distances to ask the right questions and share the most
accommodations, facilities, and services. and from the aircraft and a lift (if necessary). useful information with carriers. Some
Therefore, the ‘‘you’’ referred to herein is an If, for example, you can ascend and descend passengers with disabilities bring a copy of
air traveler with a disability or air travelers stairs and can walk shorter distances but the regulations with them when they access
with disabilities. Below are some specific have difficulty walking longer distances, ask air transportation in order to have the
tips. carrier personnel to provide a wheelchair or primary resource close at hand. Carriers must
electric cart for longer distances to and from maintain a copy of the regulations at each
Ask Questions and Provide Instructions the aircraft. airport they use. Therefore, if you are at an
Know what to ask carrier personnel. You Carrier personnel are not permitted to airport and have a question about the
can ask for and carrier personnel must be physically hand-carry a passenger with a regulations, you may ask to review them and
able to provide information about aircraft disability on or off a plane, except in the case the carrier must provide them.
accessibility, seating and movable armrests, of an emergency evacuation. Keep in mind
lavatory accessibility, boarding options, and that if none of the options for boarding a Individual Safety Briefings
storage facilities on board, among other particular flight is acceptable to you, you You may receive an individual safety
things. may have to wait for another flight or alter briefing under certain circumstances. If so,
Although advance notice is not generally your travel plans. you should be provided an accessible safety
required, understand that providing detailed briefing and it must be performed in a
Carrying Assistive Devices and Keeping
information about the accommodations you discreet manner. Keep in mind that you may
Them Near You
need in advance of travel will assist carrier need to provide information to carrier
personnel in providing those Carrying medicine or other assistive
devices like syringes as a carry-on item that personnel to ensure that the individual safety
accommodations in a correct and timely briefing is accessible to you.
manner. you may need in the case of a flight
If you are transferring planes, you may cancellation or a missed flight may be a good Limitations on Accommodations
want to investigate whether your trip idea. At times, passengers get separated
unexpectedly from checked baggage. If you Carrier personnel are expressly prohibited
involves more than one carrier. If so, contact from performing certain tasks. For example,
each carrier to determine whether it is able do decide to carry medication or other
assistive devices with you on board, the carrier personnel cannot physically hand-
to fully accommodate you. Keep in mind that carry you on or off an airplane except in an
carriers might provide such optional items cannot be counted towards your carry-
on baggage limit. emergency evacuation. In addition, while on
accommodations on their ‘‘mainline’’ flights
You are entitled to keep your assistive board, carrier personnel are not required to
only, not on the flights operated by their
device near you on board as long as it does administer medication to you, feed you, or
smaller code-share affiliates. For example,
not interfere with safety requirements. accompany you into the lavatory to assist
some carriers do not provide medical oxygen
you.
on board. Don’t assume that by Carry Information and Useful
communicating with the carrier for the first Documentation Pre-Boarding as an Option
leg of your trip, other carriers handling the
Bringing photocopies of instructions about Although you are not required to pre-
rest of the journey are fully briefed and able
the assembly and disassembly of wheelchairs board, choosing to take advantage of a pre-
to accommodate you. Similarly, when
and other assistive devices when you access boarding opportunity may assist you in
booking reservations online, you may want to
air transportation may be a good idea. You securing a seating accommodation when a
consider contacting each carrier by telephone
can provide that information to carrier carrier does not provide advance seat
to determine the carrier’s individual policies
personnel storing or checking your assignments. In this situation, as a passenger
and to provide and receive specific
wheelchair or assistive device. Attaching a with a disability, you may choose to pre-
information to ensure your needs are met for
laminated set of brief instructions to a board before all other passengers. You can
each leg of your journey. wheelchair itself may also be a good idea in
If you are receiving assistance with select a seat that best meets your needs if you
the event that your wheelchair is have taken advantage of the opportunity to
transportation between gates by ground disassembled or reassembled in a secure area
wheelchair, remember to instruct the pre-board.
to which you do not have access. Pre-boarding may also permit you to secure
personnel assisting you on your specific Bringing photocopies of receipts,
needs, e.g., whether or not you would like the allotted stowage for your wheelchair or
warranties, or other product information assistive device or it may permit easier access
the airline employee or contractor to push concerning a wheelchair or assistive device
you and the ground wheelchair through the to overhead compartments if you are stowing
may be useful if the item is lost or damaged
terminal. Although in most instances you are your assistive device or parts of your
in transit. It might help with locating a repair
not obligated to self identify as a passenger wheelchair onboard.
option or processing a claim for liability
with a disability, keep in mind that against the carrier responsible for the loss or Safety Always Considered
conveying certain information or providing damage.
some guidance will permit carrier personnel You should keep in mind that carriers are
to assist you better. Complaints obligated to take the safety of all passengers
Directing carrier personnel to remove Be aware that a Complaint Resolution into consideration when making decisions
footrests (if possible) and other removable Official (CRO) must be made available to you about accommodations for passengers with
parts of personal wheelchairs and stow them if you ask to speak with a manager or disabilities. At times, safety requires placing
in the cabin may help to reduce the potential supervisor about a disability-related certain limitations on accommodations, e.g.,
for damage to the wheelchair while it is complaint. A CRO may be made available in a service animal cannot block the aisle or an
stowed in the cabin or in the cargo hold. person or by telephone. Passengers who are exit.
Boarding Assistance deaf or hard of hearing must be permitted to Seating Assignments
communicate with a CRO via a TTY on
When communicating to carrier personnel request. When requesting a particular seat
about your need for boarding assistance, be If you make a written complaint, you assignment, it is useful to be as specific as
as specific as possible about the type or level should state whether a CRO was contacted possible about the type of seat that will meet
of boarding assistance you require. More when the matter arose and, if so, include the your needs as a passenger with a disability.
specifically, if, for example, you are name of the CRO and the date of the contact, For example, instead of merely asking for an
completely immobile, ask carrier personnel if available, and any written response ‘‘accessible’’ seat, it is more helpful to
to provide a wheelchair to transport you to received from the CRO. provide some details about your specific
and from the gate, a lift (if necessary), and needs, e.g., ask for a bulkhead seat or an aisle
assistance transferring from an aisle chair to Familiarize Yourself With the Law seat with a movable armrest. This way,
a seat. If, for example, you are able to walk Knowledge of the Air Carrier Access Act carrier personnel can determine the most
short distances, but cannot ascend and (ACAA) and its implementing regulations (14 appropriate seating accommodation for you.
Service Animals traveling public, including passengers with a determination within 10 days of the refusal
It is not required under the law to provide disability. In places, these are overlapping of transportation. [Sec. 382.31(e)] In the
advance notice if you are traveling with a responsibilities and cross-references will be situation where refusal of transportation is
service animal. However, in order to made to specific sections of this manual. based on safety concerns, the written notice
guarantee your seat assignment, you should must include the carrier’s reasonable and
Discrimination Is Prohibited specific basis for its opinion that transporting
be aware that, depending on whether the
carrier provides advance seat assignments Management of carriers are required to the passenger would be inimical to the safety
and the type of seating method it uses, it may ensure that the carrier (either directly or of the flight.
have a policy requiring passengers with a indirectly through its contractual, licensing,
or other arrangements for provision of air No Charge for Accommodating Passengers
disability (i) to request a particular seat With a Disability
assignment 24 hours in advance of the transportation) does not discriminate against
departure of the flight or (ii) to check in at qualified individuals with a disability by Carriers cannot impose charges for
least an hour before the departure of the reason of such disability. [Sec. 382.7(a)(1)] In providing facilities, equipment, or services
flight. Carriers are obligated to make a good addition, management of carriers should be that are required by the ACAA and its
faith effort to accommodate you and your aware that they are responsible for accompanying regulations for passengers
service animal regardless of whether you compliance with the ACAA and part 382 not with a disability. [Sec. 382.57]
comply with the carrier’s advance seat only by their own employees, but also by
employees of any company or entity Indirect Air Carriers
assignment policy and/or advance check-in
performing functions on behalf of the carrier. If an indirect air carrier provides facilities
requirement. Keep in mind that requesting
More specifically, carriers cannot require a or services for passengers that are covered for
your seat assignment well in advance of the
passenger with a disability to accept special other carriers by sections 382.21 through
flight may permit you to secure the specific
services, e.g., pre-boarding, not requested by 382.55, the indirect air carrier must do so in
seat assignment you would like with the least
the passenger. [Sec. 382.7(a)(2)] Carriers a manner consistent with those regulations.
amount of waiting, inconvenience, or hassle
cannot exclude a qualified individual with a [Sec. 382.7(b)]
to you.
disability from or deny that individual the
Contractors and Travel Agents
Resources for Air Travelers With Disabilities benefit of air transportation or related
services that are available to other Carriers must receive assurances from their
DOT Web Site individuals, even if there are separate or contractors who provide services, including
DOT posts useful information for all different services available for passengers travel agents (except non-U.S. citizens
consumers, including air travelers with with a disability, except as provided by the providing services outside the U.S.), that they
disabilities, on its Web site at http:// ACAA and part 382. [Sec. 382.7(a)(3)] will not discriminate on the basis of
airconsumer.ost.dot.gov. Click on ‘‘Travel Carriers cannot take actions adverse to disability when providing such services and
Tips and Publications.’’ The following passengers with a disability if they assert include a clause with that assurance in their
publications are useful for air travelers with their rights under the ACAA and part 382. contracts. [Sec. 382.9(a)] Similarly, their
disabilities: Plane Talk—Passengers with [Sec. 382.7(a)(4)] contracts must contain a clause stating that
Disabilities, Fly Rights, and New Horizons: Carriers cannot limit the number of contractor employees will comply with
Information for the Air Traveller With a passengers with a disability on a given flight. directives issued by CROs. [Sec. 382.9(b)]
Disability. [Sec. 382.31(c)] Carriers must modify
Accessibility of Airport Facilities
Air travelers with disabilities can also policies, practices, and facilities as necessary
access recent DOT enforcement orders to to ensure nondiscrimination consistent with All terminal facilities and services owned,
review DOT determinations involving the the standards of Section 504 of the leased, or operated by a carrier at a
ACAA and part 382 by going to http:// Rehabilitation Act, as amended. Carriers are commercial service airport, including
www.dot.gov and clicking on ‘‘Dockets and not required to make modifications that parking and ground transportation, must
Regulations.’’ See Appendix III for additional would constitute an undue burden or would comply with the Standards for Accessible
instructions for searching this data base of fundamentally alter their program. [Sec. Design under the Americans with Disabilities
DOT enforcement orders and for a chart 382.7(c)] Act. [Sec. 382.23(e)] See also 49 CFR part 37,
listing those enforcement orders related to Appendix A. Carriers must ensure that these
Refusal of Transportation terminal facilities and services are accessible
the ACAA.
Carriers cannot refuse transportation to a to and usable by individuals with
DOT Hotline qualified individual with a disability solely disabilities, including individuals who use
The toll free telephone hotline system that because the person’s disability results in wheelchairs.1 Sec. 382.23(b)] For example,
provides general information about the rights appearance or involuntary behavior that may carriers must ensure that there is an
of air travelers with disabilities, responds to offend, annoy, or inconvenience others. [Sec. accessible path between the gate and the
requests for information, and assists air 382.31(b)] Carriers must not refuse to provide boarding area. [Sec. 382.23(c)]
travelers with time-sensitive disability- transportation to a passenger with a disability Contracts or leases between carriers and
related issues. Members of the public may on the basis of his or her disability unless it airport operators concerning the use of
call 1–800–778–4838 (voice) or 1–800–455– is expressly permitted by the ACAA and part airport facilities must set forth the respective
9880 (TTY) from 7 a.m. to 11 p.m. Eastern 382. [Sec. 382.31(a)] responsibilities of the parties for the
time, seven days a week, to receive assistance Safety Considerations provision of accessible facilities and services
regarding air travel by individuals with to individuals with disabilities as required by
disabilities. The ACAA does not require air carriers to law. [Sec. 382.23(f)]
disregard applicable FAA safety regulations. Carriers must not (i) restrict the movements
Carriers’ Web Pages and Reservations [Sec. 382.3(d)] of individuals with disabilities in terminals;
Personnel Carriers may refuse to provide (ii) require them to remain in a holding area
Always check these resources when transportation to any passenger on the basis or other location in order to receive
seeking information about services and of safety and if carriage would violate FAA assistance; or (iii) mandate separate treatment
equipment when accessing air transportation. regulations. However, when carriers exercise for individuals with disabilities except as
this authority, they must not discriminate required or permitted under part 382. [Sec.
Appendix II against a passenger with a disability on the 382.55(c)]
basis of disability. [Sec. 382.31(d)]
Airline Management-Related Issues
Appendix II highlights provisions of the Written Explanation for Refusal of 1 Compliance with the requirements applying to
Transportation places of public accommodation under Department

ACAA and the accompanying regulations of Justice (DOJ) regulations implementing Title III
outlining specific responsibilities of When a carrier refuses to provide of the Americans with Disabilities Act (ADA) is
management of carriers, i.e., requirements to transportation to a passenger on a basis sufficient for compliance under the ACAA and part
be implemented by management employees relating to disability, the carrier must specify 382 with respect to airport terminal facilities and
as opposed to personnel who deal with the in writing to the passenger the basis for the services. [Sec. 382.23(b)]
Advance Notice and Reservation System disability, carriers must provide seating are met. [Sec. 382.41(b)] Carriers must permit
Carriers’ reservation and other accommodations. [Sec. 382.38(a)] In order to passengers to stow their canes and other
administrative systems must ensure that provide these seating accommodations and assistive devices in the cabin and close to
when advance notice is provided by a other seat assignment requests from their seats, consistent with FAA safety
passenger with a disability as provided by passengers with a disability, carriers may regulations concerning carry-on items. [Sec.
the ACAA and its implementing regulations implement a reservation system to provide 382.41(c)]
(see Ch. 3, Section A), the notice is recorded for advance seat assignments. If a carrier Carriers must not count assistive devices
and properly transmitted to operating provides advance seat assignments, it may toward the limit on carry-on items when a
employees responsible for providing the employ either the seat ‘‘blocking’’ method or passenger with a disability brings an assistive
accommodation about which notice was the ‘‘priority’’ seating method. Each method device on board the aircraft. [Sec. 382.41(d)]
provided. [Sec. 382.33(d)] requires some advance notice on the part of Wheelchairs and other assistive devices that
the passenger with a disability in order to cannot be stowed in the cabin must be
Service Animals guarantee the seating accommodation. [Secs. stowed in the baggage compartment with
Regardless of your carrier’s policies with 382.38(b) and (c)] priority over other cargo and baggage. [Sec.
respect to pets, carriers are required by law Management of carriers should select an 382.41(f)(3)] In addition, because carriers
to permit passengers with a disability to be adequate reservation system to meet its cannot charge for facilities, equipment, or
accompanied by service animals in the cabin. needs, ensure proper administration of the services required under the law to be
[Sec. 382.55] See also Ch. 3, Section D and reservation system, and provide employee provided to qualified individuals with a
Appendix VI. training with respect to the reservation disability, no charge would be imposed if a
system and the requirements under the law wheelchair or assistive device exceeded the
Aircraft Accessibility for providing seating accommodations for limit on checked baggage. [Sec. 382.57]
When considering ordering, purchasing, or passengers with disabilities. Carriers must permit the in-cabin storage of
leasing aircraft, management of carriers If carriers do not employ a system for wheelchairs or components of wheelchairs,
should keep in mind that the following advance seat assignments, if a passenger with including folding, collapsible, or breakdown
features are required for aircraft ordered by a disability self-identifies, the passenger must battery-powered wheelchairs. [Sec. 382.41(e)]
the carrier after April 5, 1990, or delivered to be allowed to pre-board the aircraft and In addition, aircraft with 100 or more
the carrier after April 5, 1992. In addition, select a seat to accommodate a disability. passenger seats (ordered after April 5, 1990,
different size airplanes must be equipped [Sec. 382.38(d)] or delivered after April 5, 1992) must have
with different features according to the law. Carriers are not required to provide more a priority space in the cabin designated for
For example, aircraft with: than one seat per ticket or a seat in a class stowage of at least one passenger’s folding
• 30 or more passenger seats must have of service other than the one the passenger wheelchair. [Sec. 382.21(a)(2)]
movable aisle armrests on at least half of the has purchased to accommodate a passenger
On-Board Wheelchairs
aisle seats where it is feasible and it does not with a disability in need of a seat assignment
to accommodate his or her disability. [Sec. When required, on-board wheelchairs must
interfere with safety [Sec. 382.21(a)(i) and
382.38(i)] be equipped with specific features and be
(ii)];
Carriers must comply with all FAA safety designed to be compatible with the
• 100 or more passenger seats must have
requirements in responding to requests from maneuvering space, aisle width, and seat
priority storage space within the cabin to
individuals for seat assignment height of the aircraft on which they are to be
stow at least one passenger’s folding
accommodations. [Sec. 382.38(j)] used, and to easily be pushed, pulled, and
wheelchair [Sec. 382.21(a)(2)] and DOT has
turned in the cabin environment by carrier
interpreted that to mean a space at least 13 Services and Equipment personnel. [Sec. 382.21(a)(4)(iii)]
inches wide, 36 inches high, and 42 inches
long; Boarding Assistance in General Wheelchairs Unable To Be Stowed in the
• More than one aisle in which lavatories If a passenger with a disability requests Cabin as Carry-On
are provided must include at least one assistance getting on an airplane or carrier When a folding, collapsible, or break-down
lavatory accessible to passengers with a personnel offer assistance and the passenger wheelchair cannot be stowed in the cabin as
disability accessing the lavatory with an on- consents, a carrier must provide such carry-on baggage, carriers must ensure the
board wheelchair [Sec. 382.21(a)(3)]; assistance with boarding. [Sec. 382.39(a)] The timely checking and return of the passenger’s
• More than 60 passenger seats having an type of assistance carriers must offer wheelchair or other assistive device as close
accessible lavatory must be equipped with an includes, as needed, services personnel and as possible to the door of the aircraft. [Sec.
on-board wheelchair [Sec. 382.21(a)(4)(i)]; the use of wheelchairs, ramps, or mechanical 382.41(f)]
and lifts. [Sec. 382.39(a)(1)] In order to ensure the timely return of a
• More than 60 passenger seats having an Carriers must provide access to the passenger’s wheelchair or other assistive
inaccessible lavatory must be equipped with airplane for passengers with a disability by device, carriers must maintain a baggage
an on-board wheelchair when a passenger level-entry loading bridges or accessible storage system so that the wheelchair or other
with a disability informs the carrier passenger lounges where these means are assistive device must be among the first items
(providing advance notice under Sec. available. [Sec. 382.39(a)(2)] Depending on retrieved from the baggage compartment [Sec.
382.33(b)(8)) that he/she can use an the size of the aircraft, carriers have different 382.41(f)(2)] and it must be stowed in the
inaccessible lavatory but cannot reach the obligations to provide boarding assistance to baggage compartment with priority over
lavatory from his or her seat without the use individuals with a disability using other items and baggage. [Sec. 382.41(f)(3)]
of an on-board wheelchair. [Sec. mechanical lifts, ramps, or other suitable
382.21(a)(4)(ii)] devices that do not require lifting or carrying Battery-Powered Wheelchairs
Requirements relating to retrofitting and passengers up stairs. [Secs. 382.40 and Carriers must accept a passenger’s battery-
replacing features to ensure accessibility as 382.40a] See also Ch. 5, Section C. powered wheelchair, including the battery,
well as providing on-board wheelchairs are Carriers must train to proficiency in the as checked baggage unless baggage
covered by other specific provisions. [Secs. use of the boarding assistance equipment and compartment size and aircraft airworthiness
382.21(b) and (c)] However, any replacement procedures regarding the safety and dignity considerations prohibit it. [Sec. 382.41(g)]
or refurbishing of the aircraft cabin must not of passengers receiving boarding assistance. Carriers may require that a passenger with
reduce existing accessibility to a level below [Secs. 382.40(d) and 382.40a(d)] a disability wishing to have a battery-
that specified under the law. [Sec. 382.21(e)] powered wheelchair transported on a flight
Storing Wheelchairs and Other Assistive (including in the cabin) check in for the flight
Carriers must maintain aircraft accessibility
Devices in the Cabin one hour before the scheduled departure
features in proper working order. [Sec.
382.21(f)] Carriers must allow passengers with a time. [Sec. 382.41(g)(1)]
disability using personal ventilators/ If (i) the battery on the passenger’s
Seating Accommodations respirators to bring their equipment, wheelchair has been labeled by the
Under certain circumstances, if a passenger including non-spillable batteries, on board manufacturer as non-spillable or (ii) the
self-identifies as a passenger with a the aircraft as long as FAA safety regulations battery-powered wheelchair with a spillable
battery can be loaded, stored, secured, and annual report to DOT. Carriers must develop Appendix III
unloaded in an upright position, carriers a system for recording and collecting data
must not require the battery to be removed regarding specific categories of written Frequently Asked Questions
and separately packaged. Carrier personnel disability-related complaints that they Question: What’s the difference between
may remove and package separately any receive according to the type of disability and the Air Carrier Access Act (ACAA) and the
battery that appears to be damaged or the nature of the complaint. [Sec. 382.70(c)] Americans with Disabilities Act (ADA)?
leaking. [Sec. 382.41(g)(2)] Answer: The ACAA, signed into law by
When it is necessary to detach a battery Employee Training then-President Reagan in 1986, prohibits
from a wheelchair, carriers must provide Management of carriers should be aware discrimination by airlines against individuals
packaging for the battery and package the that proper training of carrier personnel is with disabilities in commercial air
battery consistent with appropriate critical to compliance with the ACAA and transportation. The ADA, signed into law
hazardous materials regulations. [Sec. part 382. after the ACAA in 1990 by then-President
382.41(g)(3)] Carriers operating aircraft with more than Bush, prohibits discrimination against
19 passenger seats must provide training for individuals with disabilities in employment,
Liability for Loss or Damage public accommodations, commercial
all personnel who deal with the traveling
On domestic flights, the baggage liability public, as appropriate to the duties and facilities, telecommunications, and
limits do not apply for liability for loss, responsibilities of each employee. [Sec. transportation other than by commercial
damage, or delay concerning wheelchairs or 382.61(a)] airlines (e.g., subway and bus systems). [Sec.
other assistive devices. Instead, the criterion Carriers must provide training to 382.1]
for calculating the compensation for lost, proficiency in the requirements of the ACAA Question: Do the ACAA and its
damaged, or destroyed wheelchairs or other and its implementing regulations and other implementing regulations (14 CFR part 382
assistive devices must be the original price of DOT and FAA regulations affecting the or part 382) apply to both U.S. and foreign
the device. [Sec. 382.43(b)] Carrier personnel carriers?
provision of air transportation to passengers
must not require a passenger with a disability Answer: When initially passed in 1986, the
with a disability, including the proper and
to sign a waiver of liability for damage to or ACAA and part 382 (subsequently issued in
safe operation of any equipment used to
loss of a wheelchair or other assistive device. March 1990) applied only to U.S. carriers.
accommodate passengers with a disability.
[Sec. 382.43(c)] Carrier personnel may make However, on April 5, 2000, Congress
[Sec. 382.61(a)(1)(i) and (ii)] extended the applicability of the ACAA to
notes about preexisting damage or conditions Carriers must also train employees who
of wheelchairs or other assistive devices. cover foreign carriers. At approximately the
deal with the traveling public regarding same time, DOT issued a notice to foreign
Individual Safety Briefings and Timely and awareness and appropriate responses to carriers advising them that the Department
Complete Access to Information individuals with a disability, including intended to use the provisions of part 382,
individuals with physical, sensory, mental, which by its terms does not impose
Carriers must ensure that, upon request,
and emotional disabilities, including how to requirements on foreign air carriers, as
passengers with a disability, including those
who are blind or visually impaired or deaf, distinguish among the differing abilities of guidance in investigating any complaints it
hard of hearing, or deaf-blind, have timely individuals with a disability. [Sec. receives alleging noncompliance with the
access to information being provided to other 382.61(a)(2)] ACAA by foreign carriers. The only provision
passengers, including but not limited to, Carriers must consult with organizations of part 382 that currently applies to foreign
safety briefings [Secs. 382.45 and 382.47] and representing persons with disabilities in air carriers is Section 382.70(b), which
information concerning ticketing, flight developing their training programs and expressly requires foreign carriers to record,
delays, schedule changes, connections, flight policies concerning which carrier personnel categorize, and report written disability-
check-in, gate assignments, the checking and receive training. [Sec. 382.61(a)(3)] related complaints associated with any flight
claiming of luggage, and aircraft changes that Carriers must provide or require their segment originating or terminating in the
will affect the travel of passengers with a contractors to provide training to contractors’ U.S. to DOT on an annual basis. DOT will
disability. [Sec. 382.45(c)] See also Ch. 5, employees who deal with the traveling soon be issuing a revised part 382 that will
Section F. If the safety briefing is presented public regarding providing air transportation apply to both U.S. and foreign carriers. [Sec.
to passengers on video screens, carriers must to passengers with a disability. 382.3]
ensure that the video presentation is Question: Recently, I broke my leg and I’ll
Carrier Programs
accessible to passengers who are deaf or hard be in a cast and walking with crutches for
of hearing. [Sec. 382.47(b)] Carriers operating aircraft with more than several weeks. Am I covered by the ACAA?
19 passenger seats must establish and Answer: Yes. The ACAA and part 382
Complaint Procedures implement a written program for carrying out apply to individuals who have a physical or
Carriers providing scheduled service must the requirements of the law. [Sec. 382.63(a)] mental impairment that, on a permanent or
establish and implement a complaint The program must include: (i) A training temporary basis, substantially limits a major
resolution mechanism including designation schedule for training carrier personnel on life activity. Since your temporary
of one or more complaints resolution officials compliance; and (ii) the carrier’s policies and impairment limits the major life activity of
(CRO’s). [Sec. 382.65(a)] The carrier must procedures for accommodating individuals walking, you are considered a qualified
make the CRO available during all times the with a disability consistent with the individual with a disability. Therefore, you
carrier is operating at the airport. [Sec. requirements under the law. [Sec. 382.63(b)] are covered by the ACAA and Part 382. [Sec.
382.65(a)(1)] See also Ch. 6. DOT has the authority to request and review 382.5]
Certificated U.S. carriers and foreign such programs as appropriate. [Secs. Question: Am I entitled to the services and
carriers 1 operating to, from, and in the 382.63(c) and (d)] accommodations required by part 382 if I’m
United States using at least one aircraft with a qualified individual with a disability but
Security Screenings
more than 60 passenger seats, must record, I’m not a passenger, but rather I am just going
categorize, and report written disability- Carriers must undertake any security to the airport to meet a friend who is
related complaints received by carriers to screening of a passenger with a disability in traveling?
DOT on an annual basis. [Secs. 382.70(b) and the same manner as any other passenger. See Answer: Yes. Carriers are required, under
(c)] The first annual report for calendar year Ch. 4, Section B. In the wake of the events appropriate circumstances, to provide the
2004 was required to be submitted to DOT by of September 11, 2001, however, in most services and accommodations mandated by
January 25, 2005. [Sec. 382.70(d)] In cases, TSA has taken over for carriers in the part 382, on request, to all qualified
addition, carriers must use the form specified area of providing security screenings of individuals with disabilities, whether or not
in Appendix A to part 382 when making the passengers. Should carriers resume this such individuals are passengers or simply
responsibility or in cases where carriers still using the airport facility for other reasons
1 Foreign carriers are covered by this section only retain some involvement in the security (e.g., meeting a friend, purchasing a ticket for
with respect to disability-related complaints screening process, this section would be a future flight, etc.)
associated with any flight segment originating or applicable to carriers and contractors of Question: I understand that part 382
terminating in the United States. [Sec. 382.70(b)] carriers performing this function. requires airlines to provide wheelchair
enplaning assistance, on request. I need Airlines is then responsible for providing you Answer: Airlines may not require a
wheelchair assistance getting from the curb, with assistance in enplaning onto your passenger with a mobility impairment to
at the entrance to the airport, to the airplane. connecting flight. The delivering carrier must travel with an attendant if that passenger can
Are carriers required to provide wheelchair assist you in reaching your connecting gate physically assist in his or her evacuation.
service from the curb to the airplane or only even if you are traveling on two separate Since, in most instances, paraplegics have
from the ticket counter to the airplane? tickets and the connecting flight is departing use of their arms and upper bodies, they can
Answer: Part 382 requires carriers to from a different terminal within the same usually physically assist in their evacuation
provide wheelchair enplaning help, on airport. However, you should make the need and generally should not be required to travel
request, from the curb to the airplane on for such assistance clear to ABC Airlines with an attendant. To the contrary,
departure, and from the airplane back out to before the flight, if possible. [Sec. 382.39] quadriplegics with no use of their arms or
the curb upon arrival. However, carriers are Question: On aircraft that must have a legs can be required to fly with an attendant.
not required to station employees at the curb priority stowage space in the cabin for my [Sec. 382.35]
to await the arrival of passengers with personal folding wheelchair, do I still get Question: I’m deaf and want to make sure
disabilities. Therefore, it is advisable to ask priority stowage for my folding wheelchair if that I receive important information such as
a friend or a cab driver to help in getting the the pilot happens to have his personal schedule changes, gate changes, etc. Do the
attention of carrier personnel in the terminal belongings in that space when I pre-board? airlines have to provide me with such
to obtain the required assistance if the carrier Answer: Yes. Your personal folding information?
does not have curb-side attendants. If wheelchair takes priority over the personal Answer: Yes. Part 382 requires carriers to
requested, after your flight arrives at your carry-on items of the pilot and crew. [Sec. provide passengers who are deaf or hard of
destination, the carrier must also assist you 382.41(e)(2)] hearing or who have vision impairments with
in claiming your checked luggage before Question: I fly with my service animal and timely access to the same information that
assisting you in a wheelchair to the curb. normally ask for a bulkhead seat, as it they provide to other passengers in the
[Sec. 382.39] provides a little bit more room for my service airport terminal or on the aircraft. Persons
Question: Are airlines allowed to charge dog. On a recent flight, the carrier would not who are unable to obtain this information
for providing services to passengers with allow me to sit in the bulkhead row with my from the audio or visual systems used by
disabilities? service animal because the bulkhead row was carriers may have to advise the carrier about
Answer: Airlines are not allowed to charge also an emergency exit row. Was the carrier the nature of their disability, at which point
passengers for providing services or correct in asking me to take a seat other than the carrier must ensure that such individuals
accommodations required by part 382, but a bulkhead seat in the emergency exit row? receive the necessary information in an
may charge for optional services or Answer: Yes. The carrier was within its accessible manner. [Sec. 382.45]
accommodations. Examples of required rights to refuse to permit you to sit in the Question: Can things other than
bulkhead seat with your service animal, wheelchairs or canes be assistive devices?
services for which carriers may not charge
because the service animal may have blocked What exactly does part 382 mean when it
are assistance with enplaning, deplaning, and
access to the emergency exit. Carriers must refers to assistive devices?
making flight connections, and the carriage of
comply with all applicable FAA safety rules, Answer: Assistive devices under Part 382
assistive devices (including the provision of
even when attempting to accommodate the are not limited to mobility devices such as
hazardous materials packaging for
needs of passengers with disabilities. In such wheelchairs, walkers, and canes. An assistive
wheelchair batteries, when appropriate). instances, the carrier should permit you and device can be any piece of equipment that
Examples of optional services for which your service animal to move to another seat assists passengers with a disability in
carriers may charge are the provision of in- within the cabin that is not located in an carrying out a major life activity. Such
flight medical oxygen and stretcher service. emergency exit row that best accommodates devices are those devices or equipment used
[Sec. 382.57] your needs. [Sec. 382.37] to assist a passenger with a disability in
Question: I was flying a U.S. carrier from Question: Is obesity considered a disability caring for himself or herself, performing
New York to California and they damaged my under the ACAA and, if so, is an obese manual tasks, walking, seeing, hearing,
expensive battery-powered wheelchair. I passenger entitled to two seats for the price speaking, breathing, learning, working, or
purchased this wheelchair last year for of one if he or she needs more than one seat? performing other functions of daily life.
$10,000. The repair cost was $3,000. Can the Answer: Obesity in and of itself is not Assistive devices may include medical
carrier limit the amount of money they pay necessarily a qualifying disability. However, devices and medications.
me for this claim to $2,800, as they currently obesity could be a qualifying disability if, for Question: How can I find out information
may for domestic baggage claims? example, it substantially limits a major life on the number and types of disability-related
Answer: No. On claims involving damage activity, such as walking. If an obese complaints filed with DOT against specific
to assistive devices on domestic flights, passenger—whether the passenger is a airlines?
carriers may not invoke the liability limit qualified individual with a disability or not— Answer: DOT’s Aviation Consumer
applicable to baggage claims. The criterion occupies more than one seat, airlines may Protection Division publishes a monthly Air
for calculating the compensation for lost or charge that passenger for the number of seats Travel Consumer Report (ATCR) which
damaged wheelchairs and other assistive the passenger occupies. Also, there may be provides information on the number of
devices is the original purchase price of the certain obese persons who are too heavy to disability-related complaints received each
device. In this instance, the carrier should be safely accommodated on certain aircraft, month by DOT. The ATCR can be accessed
pay you or the repair company $3,000 e.g., because of safety limitations on at http://airconsumer.ost.dot.gov. In addition,
provided that you can document the initial seatbelts. [Secs. 382.5 and 382.38(i)] an amendment to DOT’s disability rule (part
purchase price of the wheelchair and the cost Question: I require medical oxygen when 382) that came into effect on August 7, 2003,
of the repair. You may also be entitled to I travel by air. Are airlines required to requires U.S. and foreign airlines operating
reimbursement for the cost of a loaner or provide in-flight medical oxygen and, if so, passenger-carrying flights to and from the
rental wheelchair while yours is being may they charge passengers for providing United States with aircraft having a designed
repaired. [Sec. 382.43] medical oxygen? seating capacity of more than 60 seats to
Question: I’m flying from Cleveland to Answer: Although many of the major U.S. report annually to DOT on the number and
Chicago on ABC Airlines and then carriers currently provide in-flight medical type of written disability-related complaints
connecting on XYZ Airlines on a flight from oxygen for a fee, part 382 does not require that they receive. These individual carrier
Chicago to Seattle. I need wheelchair them to do so. Those carriers that choose to reports will contain summary information on
assistance to reach my connecting gate. provide in-flight medical oxygen may charge the number of such complaints, the type of
Which carrier is responsible for providing passengers for this service, just as they may disability, and the nature of the complaint.
this wheelchair assistance to the connecting for other optional services, such as stretcher The first such report, which covers written
gate? service. [Sec. 382.33] complaints received by the airlines during
Answer: As the delivering carrier, ABC Question: I’m a paraplegic and travel with calendar year 2004, was due by January 25,
Airlines is required to provide you with the my personal manual wheelchair. May 2005. DOT intends to provide a summary
requested wheelchair assistance in reaching airlines require me to travel with an report to Congress, which will be available to
your connecting gate, at which point XYZ attendant? the public. [Section 382.70]
Question: I travel with a service animal safety briefing (e.g., using the ‘‘printing on carriers against qualified individuals with
and ask for a bulkhead seat if one is palm’’ method of ‘‘writing’’ with your disabilities. These orders may be informative
available, as I find such a seat to be more fingertip on the palm of the passenger’s hand, in assisting the reader to understand how the
comfortable for my service dog. How come or using a ‘‘raised alphabet’’ card to ACAA and its implementing regulation have
some passengers with service animals avoid communicate), an airline could require that been interpreted by DOT and applied in
the bulkhead row? individual to travel with an attendant. DOT enforcement actions against air carriers.
Answer: It is DOT’s understanding that recognizes that in many situations carrier The AEP Office’s statutory jurisdiction
some service animals are trained to curl up personnel may have difficulty
spans a broad range of regulatory legal issues
underneath a non-bulkhead row airline seat, communicating with a passenger who is deaf
including civil rights and consumer
whereas other service animals are more and blind. Such determinations must be
made on a case-by-case basis using an protection, among others. The AEP issues
comfortable in the area between a bulkhead many and varied types of orders within the
seat and the bulkhead wall itself. For this individualized assessment of the passenger’s
specific capabilities. scope of its authority. The orders listed in
reason, when DOT amended part 382 to
this appendix address only the most recent
require seating accommodations for Appendix IV civil rights enforcement actions under the
passengers traveling with service animals, it
Recent Department of Transportation ACAA, going back to March, 2000 and are
required carriers to provide either a seat in
a bulkhead row or a seat other than a Enforcement Orders Related to the Air not meant to be a complete listing of all
bulkhead seat, depending on the individual Carrier Access Act ACAA orders issued by the DOT through its
passenger’s preference. AEP Office.
The following list of orders pertains to
Question: Are airlines allowed to require To access these orders, go to http://
administrative enforcement actions
all passengers who are both deaf and blind www.dot.gov. Click on ‘‘Dockets and
conducted by or filed with the Aviation
to travel with an attendant? Enforcement and Proceedings (AEP) Office of Regulations,’’ then ‘‘Docket Management
Answer: No. Airlines may not have a policy the Department of Transportation (DOT). System,’’ and then on ‘‘Simple Search.’’ Type
that requires all passengers who are both deaf These administrative determinations by and in the last five digits of the docket number
and blind to travel with an attendant. large pertain to decisions resulting from pertaining to the order that you are interested
However, if an individual passenger has both enforcement actions against air carriers in. Using the date the order was issued and/
a hearing and vision impairment so severe pursuant to the Air Carrier Access Act or the order number, scroll through the
that the individual cannot establish some (ACAA), 49 U.S.C. 41705, and its docket index to identify the order you wish
means of communicating with airline implementing regulations, 14 CFR part 382, to review and click on the appropriate format
personnel sufficiently to receive the preflight which prohibit discrimination by U.S. air in which you wish to retrieve the document.
Date of
Issues Order No. Docket No.
issue
Failure to provide prompt and proper enplaning, connecting, and deplaning assistance pri- 8/18/04 2004–8–19 OST–2004–16943
marily to passengers who have mobility impairments.
‘‘Medically-prescribed marijuana’’ ................................................................................................ 5/27/04 2004–5–25 OST–2003–14808
Failure to provide a priority space to stow at least one passenger’s folding wheelchair in the 4/30/04 2004–4–22 OST–2004–16943
cabin.
cabin.
cabin.
cabin.
Failure to provide adequate transport, enplaning, and deplaning assistance, wheelchair stow- 9/8/03 2003–9–4 OST–2003–14194
age and damage.
cabin.
cabin.
cabin.
Prompt and proper enplaning and deplaning assistance ............................................................ 7/11/03 2003–7–12 OST–2003–14194
Special seating accommodations for tall people ......................................................................... 3/19/02 2002–7–36 OST–2001–8991
Adequate wheelchair assistance and other required assistance ................................................ 2/11/02 2002–3–15 OST–2002–10598
Refusal to transport a person with a disability ............................................................................. 8/2/01 2001–8–17 OST–2001–19598
Sensitivity to tobacco smoke ........................................................................................................ 3/12/01 2001–3–9 OST–2000–7891
In-cabin wheelchair stowage ........................................................................................................ 2/7/2001 2001–2–6 OST–2000–7591
Refusal to transport a person with a disability ............................................................................. 8/22/00 2000–8–18 OST–2000–19597
Prompt and proper enplaning and deplaning assistance; wheelchair stowage .......................... 3/27/00 2000–3–24 OST–99–6111
BILLING CODE 4910–62–P
Appendix V
14 CFR Part 382
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BILLING CODE 4910–62–C necessity of the passenger traveling with the other area that must remain unobstructed in
animal is understood. order to facilitate an emergency evacuation or
Appendix VI
Today, both the general public and people to comply with FAA regulations.
DOT Guidance Concerning Service Animals with disabilities use many different terms to • If a service animal cannot be
in Air Transportation identify animals that can meet the legal accommodated at the seat location of the
definition of ‘‘service animal.’’ These range qualified individual with a disability whom
POLICY GUIDANCE CONCERNING from umbrella terms such as ‘‘assistance the animal is accompanying, the carrier shall
SERVICE ANIMALS IN AIR animal’’ to specific labels such as ‘‘hearing,’’ offer the passenger the opportunity to move
TRANSPORTATION ‘‘signal,’’ ‘‘seizure alert,’’ ‘‘psychiatric with the animal to a seat location in the same
In 1990, the U.S. Department of service,’’ ‘‘emotional support’’ animal, etc. class of service, if present on the aircraft,
Transportation (DOT) promulgated the that describe how the animal assists a person where the animal can be accommodated, as
official regulations implementing the Air with a disability. an alternative to requiring that the animal
Carrier Access Act (ACAA). Those rules are When Part 382 was promulgated, most travel in the cargo hold (see section
entitled Nondiscrimination on the Basis of service animals were guide or hearing dogs. 382.37(c)).
Disability in Air Travel (14 CFR Part 382). Since then, a wider variety of animals (e.g., • Carriers shall not impose charges for
Since then the number of people with cats, monkeys, etc.) have been individually providing facilities, equipment, or services
disabilities traveling by air has grown trained to assist people with disabilities. that are required by this part to be provided
steadily. This growth has increased the Service animals also perform a much wider to qualified individuals with a disability (see
demand for air transportation accessible to variety of functions than ever before (e.g., section 382.57).
all people with disabilities and the alerting a person with epilepsy of imminent
importance of understanding DOT’s seizure onset, pulling a wheelchair, assisting Two Steps for Airline Personnel
regulations and how to apply them. This persons with mobility impairments with To determine whether an animal is a
document expands on an earlier DOT balance). These developments can make it service animal and should be allowed to
guidance document published in 1996,4 difficult for airline employees to distinguish accompany its user in the cabin, airline
which was based on an earlier Americans service animals from pets, especially when a personnel should:
with Disabilities Act (ADA) service animal passenger does not appear to be disabled, or 1. Establish whether the animal is a pet or
guide issued by the Department of Justice the animal has no obvious indicators that it a service animal, and whether the passenger
(DOJ) in July 1996. The purpose of this is a service animal. Passengers may claim is a qualified individual with a disability;
document is to aid airline employees and that their animals are service animals at and then
people with disabilities in understanding and times to get around airline policies that 2. Determine if the service animal presents
applying the ACAA and the provisions of restrict the carriage of pets. Clear guidelines either:
Part 382 with respect to service animals in are needed to assist airline personnel and • A ‘‘direct threat to the health or safety of
determining: people with disabilities in knowing what to others,’’ or
(1) Whether an animal is a service animal expect and what to do when these • A significant threat of disruption to the
and its user a qualified individual with a assessments are made. airline service in the cabin (i.e. a
disability; Since airlines also are obliged to provide ‘‘fundamental alteration’’ to passenger
(2) How to accommodate a qualified person all accommodations in accordance with FAA service). See 382.7(c).
with a disability with a service animal in the safety regulations (see section 382.3(d)),
aircraft cabin; and educated consumers help assure that airlines Service Animals
(3) When a service animal legally can be provide accommodations consistent with the How do I know it’s a service animal and
refused carriage in the cabin. carriers’ safety duties and responsibilities. not a pet? Remember: In most situations the
Educated consumers also assist the airline in key is TRAINING. Generally, a service animal
Background is individually trained to perform functions
providing them the services they want,
The 1996 DOT guidance document defines including accommodations, as quickly and to assist the passenger who is a qualified
a service animal as ‘‘any guide dog, signal efficiently as possible. individual with a disability. In a few
dog, or other animal individually trained to extremely limited situations, an animal such
provide assistance to an individual with a General Requirements of Part 382 as a seizure alert animal may be capable of
disability. If the animal meets this definition, In a nutshell, the main requirements of Part performing functions to assist a qualified
it is considered a service animal regardless of 382 regarding service animals are: person with a disability without
whether it has been licensed or certified by • Carriers shall permit dogs and other individualized training. Also, an animal used
a state or local government.’’ This document service animals used by persons with for emotional support need not have specific
refines DOT’s previous definition of service disabilities to accompany the persons on a training for that function. Similar to an
animal 5 by making it clear that animals that flight. See section 382.55(a)(1–2). animal that has been individually trained,
assist persons with disabilities by providing ➢ Carriers shall accept as evidence that an the definition of a service animal includes:
emotional support qualify as service animals animal is a service animal identifiers such as • An animal that has been shown to have
and ensuring that, in situations concerning identification cards, other written the innate ability to assist a person with a
emotional support animals, the authority of documentation, presence of harnesses, tags or disability; or
airline personnel to require documentation of the credible verbal assurances of a qualified • An emotional support animal.
the individual’s disability and the medical individual with a disability using the animal. These five steps can help one determine
➢ Carriers shall permit a service animal to whether an animal is a service animal or a
4 61 FR 56409, 56420 (Nov. 1, 1996). accompany a qualified individual with a pet:
5 See Glossary for definition of this and other disability in any seat in which the person 1. Obtain credible verbal assurances: Ask
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terms. sits, unless the animal obstructs an aisle or the passenger: ‘‘Is this your pet?’’ If the
passenger responds that the animal is a related need for the animal’s accompaniment, airlines permit qualified trainers to bring
service animal and not a pet, but uncertainty which the airline may require as a condition service animals in training aboard an aircraft
remains about the animal, appropriate to permit the animal to travel in the cabin. for training purposes. Trainers of service
follow-up questions would include: Examples of documentation include a letter animals should consult with airlines, and
➢ ‘‘What tasks or functions does your from a licensed professional treating the become familiar with their policies.
animal perform for you?’’ or passenger’s condition (e.g., physician, mental What about a service animal that is not
➢ ‘‘What has it been trained to do for health professional, vocational case manager, accompanying a qualified individual with a
you?’’ etc.) disability? When a service animal is not
➢ ‘‘Would you describe how the animal 4. Require documentation for emotional accompanying a passenger with a disability,
performs this task (or function) for you?’’ support animals: With respect to an animal the airline’s general policies on the carriage
• As noted earlier, functions include, but used for emotional support (which need not of animals usually apply. Airline personnel
are not limited to: have specific training for that function), should know their company’s policies on
A. Helping blind or visually impaired airline personnel may require current pets, service animals in training, and the
people to safely negotiate their surroundings; documentation (i.e., not more than one year carriage of animals generally. Individuals
B. Alerting deaf and hard-of-hearing old) on letterhead from a mental health planning to travel with a service animal other
persons to sounds; professional stating (1) that the passenger has than their own should inquire about the
C. Helping people with mobility a mental health-related disability; (2) that applicable policies in advance.
impairments to open and close doors, having the animal accompany the passenger
retrieve objects, transfer from one seat to Qualified Individuals With Disabilities 7
is necessary to the passenger’s mental health
another, maintain balance; or or treatment or to assist the passenger (with How do I know if a passenger is a qualified
D. Alert or respond to a disability-related his or her disability); and (3) that the individual with a disability who is entitled to
need or emergency (e.g., seizure, extreme individual providing the assessment of the bring a service animal in the cabin of the
social anxiety or panic attack). passenger is a licensed mental health aircraft if the disability is not readily
• Note that to be a service animal that can professional and the passenger is under his apparent?
properly travel in the cabin, the animal need or her professional care. Airline personnel • Ask the passenger about his or her
not necessarily perform a function for the may require this documentation as a disability as it relates to the need for a service
passenger during the flight. For example, condition of permitting the animal to animal. Once the passenger identifies the
some dogs are trained to help pull a accompany the passenger in the cabin. The animal as a service animal, you may ask,
passenger’s wheelchair or carry items that the purpose of this provision is to prevent abuse ‘‘How does your animal assist you with your
passenger cannot readily carry while using by passengers that do not have a medical disability?’’ Avoid the question ‘‘What is
his or her wheelchair. It would not be need for an emotional support animal and to your disability?’’ as this implies you are
appropriate to deny transportation in the ensure that passengers who have a legitimate asking for a medical label or the cause of the
cabin to such a dog. need for emotional support animals are disability, which is intrusive and
• If a passenger cannot provide credible permitted to travel with their service animals inconsistent with the intent of the ACAA.
assurances that an animal has been on the aircraft. Airlines are not permitted to Remember, Part 382 is intended to facilitate
individually trained or is able to perform require the documentation to specify the type travel by people with disabilities by requiring
some task or function to assist the passenger of mental health disability, e.g., panic airlines to accommodate them on an
with his or her disability, the animal might attacks. individual basis.
not be a service animal. In this case, the 5. Observe behavior of animals: Service • Ask the passenger whether he or she has
airline personnel may require documentation animals are trained to behave properly in documentation as a means of verifying the
(see Documentation below). public settings. For example, a properly medical necessity of the passenger traveling
• There may be cases in which a passenger trained guide dog will remain at its owner’s with the animal. Keep in mind that you can
with a disability has personally trained an feet. It does not run freely around an aircraft ask but cannot require documentation as
animal to perform a specific function (e.g., or an airport gate area, bark or growl proof of service animal status UNLESS (1) a
seizure alert). Such an animal may not have repeatedly at other persons on the aircraft, passenger’s verbal assurance is not credible
been trained through a formal training bite or jump on people, or urinate or defecate and the airline personnel cannot in good
program (e.g., a ‘‘school’’ for service animals). in the cabin or gate area. An animal that faith determine whether the animal is a
If the passenger can provide a reasonable engages in such disruptive behavior shows service animal without documentation, or (2)
explanation of how the animal was trained or that it has not been successfully trained to a passenger indicates that the animal is to be
how it performs the function for which it is function as a service animal in public used as an emotional support animal.
being used, this can constitute a ‘‘credible settings. Therefore, airlines are not required • Using the questions and other factors
verbal assurance’’ that the animal has been to treat it as a service animal, even if the above, you must decide whether it is
trained to perform a function for the animal performs an assistive function for a reasonable to believe that the passenger is a
passenger. passenger with a disability or is necessary for qualified individual with a disability, and the
2. Look for physical indicators on the a passenger’s emotional well-being. animal is a service animal.
animal: Some service animals wear What about service animals in training? Denying a Service Animal Carriage in the
harnesses, vests, capes or backpacks. Part 382 requires airlines to allow service Cabin
Markings on these items or on the animal’s animals to accompany their handlers 6 in the
tags may identify it as a service animal. It cabin of the aircraft, but airlines are not What do I do if I believe that carriage of
should be noted, however, that the absence required otherwise to carry animals of any the animal in the cabin of the aircraft would
of such equipment does not necessarily mean kind either in the cabin or in the cargo hold. inconvenience non-disabled passengers? Part
the animal is not a service animal. Airlines are free to adopt any policy they 382 requires airlines to permit qualified
3. Request documentation for service choose regarding the carriage of pets and individuals with a disability to be
animals other than emotional support other animals provided that they comply accompanied by their service animals in the
animals: The law allows airline personnel to with other applicable requirements (e.g., the cabin, as long as the animals do not (1) pose
ask for documentation as a means of Animal Welfare Act). Although ‘‘service a direct threat to the health or safety of others
verifying that the animal is a service animal, animals in training’’ are not pets, the ACAA (e.g., animal displays threatening behaviors
but DOT urges carriers not to require does not include them, because ‘‘in training’’ by growling, snarling, lunging at, or
documentation as a condition for permitting status indicates that they do not yet meet the attempting to bite other persons on the
an individual to travel with his or her service legal definition of service animal. However, aircraft) or (2) cause a significant disruption
animal in the cabin unless a passenger’s like pet policies, airline policies regarding in cabin service (i.e., a ‘‘fundamental
verbal assurance is not credible. In that case, service animals in training vary. Some alteration’’ to passenger service).
the airline may require documentation as a Inconvenience of other passengers is not
condition for allowing the animal to travel in 6 Service animal users typically refer to the sufficient grounds to deny a service animal
the cabin. The purpose of documentation is person who accompanies the animal as the
to substantiate the passenger’s disability- ‘‘handler.’’ 7 See Glossary.
carriage in the cabin; as indicated later in this make assumptions about how a particular necessary to retrieve them in the appropriate
document, however, airlines are not required unusual animal is likely to behave based on location.
to ask other passengers to relinquish space past experience with other animals. You may What if the service animal is too large to
that they would normally use in order to inquire, however, about whether a particular fit under the seat in front of the customer?
accommodate a service animal (e.g., space animal has been trained to behave properly • If the service animal does not fit in the
under the seat in front of the non-disabled in a public setting. assigned location, you should relocate the
passenger). • Before deciding to exclude the animal, passenger and the service animal to some
What do I do if I believe that a passenger’s you should consider and try available means other place in the cabin in the same class of
assertions about having a disability or a of mitigating the problem (e.g., muzzling a service where the animal will fit under the
service animal are not credible? dog that barks frequently, allowing the seat in front of the passenger and not create
• Ask if the passenger has documentation passenger a reasonable amount of time under an obstruction, such as the bulkhead. If no
that satisfies the requirements for the circumstances to correct the disruptive single seat in the cabin will accommodate the
determining that the animal is a service behavior, offering the passenger a different animal and passenger without causing an
animal (see discussion of ‘‘Documentation’’ seat where the animal won’t block the aisle.) obstruction, you may offer the option of
above). If it is determined that the animal should purchasing a second seat, traveling on a later
• If the passenger has no documents, then not accompany the disabled passenger in the flight or having the service animal travel in
explain to the passenger that the animal cabin at this time, offer the passenger the cargo hold. As indicated above, airlines
cannot be carried in the cabin, because it alternative accommodations in accordance may not charge passengers with disabilities
does not meet the criteria for service animals. with Part 382 and company policy (e.g., for services required by Part 382, including
Explain your airline’s policy on pets (i.e., accept the animal for carriage in the cargo transporting their oversized service animals
will or will not accept for carriage in the hold). in the cargo compartment.
cabin or cargo hold), and what procedures to What about unusual service animals? Should passengers provide advance notice
follow. • As indicated above, certain unusual to the airline concerning multiple or large
• If the passenger does not accept your service animals, pose unavoidable safety service animals? In most cases, airlines may
explanation, avoid getting into an argument. and/or public health concerns and airlines not insist on advance notice or health
Ask the passenger to wait while you contact are not required to transport them. Snakes, certificates for service animals under the
your airline’s complaint resolution official
other reptiles, ferrets, rodents, and spiders ACAA regulations. However, it is very useful
(CRO). Part 382 requires all airlines to have
certainly fall within this category of animals. for passengers to contact the airline well in
a CRO available at each airport they serve
The release of such an animal in the aircraft advance if one or more of their service
during all hours of operation. The CRO may
cabin could result in a direct threat to the animals may need to be transported in the
be made available by telephone. The CRO is
a resource for resolving difficulties related to health or safety of passengers and cargo compartment. The passenger will need
disability accommodation. crewmembers. For these reasons, airlines are to understand airline policies and should
• Consult with the CRO immediately, if not required to transport these types of find out what type of documents the carrier
possible. The CRO normally has the authority service animals in the cabin, and carriage in would need to ensure the safe passage of the
to make the final decision regarding carriage the cargo hold will be in accordance with service animal in the cargo compartment and
of service animals. In the rare instance that company policies on the carriage of animals any restrictions for cargo travel that might
a service animal would raise a concern generally. apply (e.g., temperature conditions that limit
regarding flight safety, the CRO may consult • Other unusual animals such as miniature live animal transport).
with the pilot-in-command. If the pilot-in- horses, pigs and monkeys should be What if an airline employee or another
command makes a decision to restrict the evaluated on a case-by-case basis. Factors to passenger on board is allergic or has an
animal from the cabin or the flight for safety consider are the animal’s size, weight, state adverse reaction to a passenger’s service
reasons, the CRO cannot countermand the and foreign country restrictions, and whether animal? Passengers who state they have
pilot’s decision. This does not preclude the or not the animal would pose a direct threat allergies or other animal aversions should be
Department from taking subsequent to the health or safety of others, or cause a located as far away from the service animal
enforcement action, however, if it is fundamental alteration (significant as practicable. Whether or not an individual’s
determined that the pilot’s decision was disruption) in the cabin service. If none of allergies or animal aversions are disabilities
inconsistent with Part 382. these factors apply, the animal may (an issue this Guidance does not address),
• If a passenger makes a complaint to a accompany the passenger in the cabin. In each individual’s needs should be addressed
CRO about a past decision not to accept an most other situations, the animal should be to the fullest extent possible under the
animal as a service animal, then the CRO carried in the cargo hold in accordance with circumstances and in accordance with the
must provide a written statement to the company policy. requirements of Part 382 and company
passenger within 10 days explaining the policy.
Miscellaneous Questions
reason(s) for that determination. If carrier Accommodating Passengers With Service
personnel other than the CRO make the final What about the passenger who has two or
more service animals? Animals in the Cabin
decision, a written explanation is not
required; however, because denying carriage • A single passenger legitimately may have How can airline personnel help ensure that
of a legitimate service animal is a potential two or more service animals. In these passengers with service animals are assigned
civil rights violation, it is recommended that circumstances, you should make every and obtain appropriate seats on the aircraft?
carrier personnel explain to the passenger the reasonable effort to accommodate them in the • Let passengers know the airline’s policy
reason the animal will not be accepted as a cabin in accordance with Part 382 and about seat assignments for people with
service animal. A recommended practice may company policies on seating. This might disabilities. For instance: (1) Should the
include sending passengers whose animals include permitting the passenger to purchase passenger request pre-boarding at the gate? or
are not accepted as service animals a letter a second seat so that the animals can be (2) should the passenger request an advance
within ten business days explaining the basis accommodated in accordance with FAA seat assignment (a priority seat such as a
for such a decision. safety regulations. You may offer the bulkhead seat or aisle seat) up to 24 hours
In considering whether a service animal passenger a seat on a later flight if the before departure? or (3) should the passenger
should be excluded from the cabin, keep passenger and animals cannot be request an advance seat assignment at the
these things in mind: accommodated together at a single passenger gate on the day of departure? When assigning
• Certain unusual service animals pose seat. Airlines may not charge passengers for priority seats, ask the passenger what
unavoidable safety and/or public health accommodations that are required by Part location best fits his/her needs.
concerns and airlines are not required to 382, including transporting service animals • Passengers generally know what kinds of
transport them. Snakes, other reptiles, ferrets, in the cargo compartment. If carriage in the seats best suit their service animals. In
rodents, and spiders certainly fall within this cargo compartment is unavoidable, notify the certain circumstances, passengers with
category of animals. destination station to return the service service animals must either be provided their
• In all other circumstances, each situation animal(s) to the passenger at the gate as soon pre-requested priority seats, or if their
must be considered individually. Do not as possible, or to assist the passenger as requested seat location cannot be made
available, they must be assigned to other assignment (a priority seat such as a consumer disability hotline. The toll-free
available priority seats of their choice in the (bulkhead seat or aisle seat)) up to 24 hours number is 1–800–778–4838 (voice) and 1–
same cabin class. Part 382.38 requires before departure? or (3) should a passenger 800–455–9880 (TTY).
airlines to provide a bulkhead seat or a seat request an advance seat assignment at the
other than a bulkhead seat at the request of gate on the day of departure? Glossary
an individual traveling with a service animal. • Although airlines are not permitted to Direct Threat to the Health or Safety of
• Passengers should comply with airline automatically require documentation for Others
recommendations or requirements regarding service animals other than emotional support
when they should arrive at the gate before a animals, if you think it would help you A significant risk to the health or safety of
flight. This may vary from airport to airport explain the need for a service animal, you others that cannot be eliminated by a
and airline to airline. Not all airlines may want to carry documentation from your modification of policies, practices, or
announce pre-boarding for passengers with physician or other licensed professional procedures, or by the provision of auxiliary
special needs, although it may be available. confirming your need for the service animal. aids or services.
If you wish to request pre-boarding, tell the Passengers with unusual service animals also Fundamental Alteration
agent at the gate. may want to carry documentation confirming
• Unless pre-boarding is not part of your that their animal has been trained to perform A modification that substantially alters the
carrier’s business operation, a timely request a function or task for them. basic nature or purpose of a program, service,
for pre-boarding by a passenger with a • If you need a specific seat assignment for product or activity.
disability should be honored (382.38 (d)). yourself and your service animal, make your Individual With a Disability
• Part 382 does not require carriers to reservation as far in advance as you can, and
identify your need at that time. ‘‘Any individual who has a physical or
make modifications that would constitute an
• You may have to be flexible if your mental impairment that, on a permanent or
undue burden or would fundamentally alter
their programs (382.7 (c)). Therefore, the assigned seat unexpectedly turns out to be in temporary basis, substantially limits one or
following are not required in providing an emergency exit row. When an aircraft is more major life activities, has a record of
accommodations for users of service animals changed at the last minute, seating may be such an impairment, or is regarded as having
and are examples of what might realistically reassigned automatically. Automatic systems such an impairment.’’ (Section 382.5).
be viewed as creating an undue burden: generally do not recognize special needs, and Qualified Individual With a Disability
➢ Asking another passenger to give up the may make inappropriate seat assignments. In
that case, you may be required by FAA Any individual with a disability who:
space in front of his or her seat to
regulations to move to another seat. (1) ‘‘Takes those actions necessary to avail
accommodate a service animal;
• Arrive at the gate when instructed by the himself or herself of facilities or services
➢ Denying transportation to any
airline, typically at least one hour before offered by an air carrier to the general public
individual on a flight in order to provide an
accommodation to a passenger with a service departure, and ask the gate agent for pre- with respect to accompanying or meeting a
animal; boarding—if that is your desire. traveler, use of ground transportation, using
➢ Furnishing more than one seat per • Remember that your assigned seat may terminal facilities, or obtaining information
ticket; and be reassigned if you fail to check in on time; about schedules, fares or policies’’;
➢ Providing a seat in a class of service airlines typically release seat assignments not (2) ‘‘Offers, or makes a good faith attempt
other than the one the passenger has claimed 30 minutes before scheduled to offer, to purchase or otherwise validly to
purchased. departure. In addition, if you fail to check in obtain * * * a ticket’’ ‘‘for air transportation
Are airline personnel responsible for the on time you may not be able to take on an air carrier’’; or
care and feeding of service animals? Airline advantage of the airline’s pre-board offer. (3) ‘‘Purchases or possesses a valid ticket
personnel are not required to provide care, • If you have a very large service animal for air transportation on an air carrier and
food, or special facilities for service animals. or multiple animals that might need to be presents himself or herself at the airport for
The care and supervision of a service animal transported in the cargo compartment, the purpose of traveling on the flight for
is solely the responsibility of the passenger contact the airline well in advance of your which the ticket has been purchased or
with a disability whom the animal is travel date. In most cases, airlines cannot obtained; and meets reasonable,
accompanying. insist on advance notice or health certificates nondiscriminatory contract of carriage
May an air carrier charge a maintenance or for service animals under the ACAA requirements applicable to all passengers.’’
cleaning fee to passengers who travel with regulations. However, it is very useful for (Section 382.5).
service animals? Part 382 prohibits air passengers to contact the airline well in Service Animal
carriers from imposing special charges for advance if one or more of their service
accommodations required by the regulation, animals may need to be transported in the Any animal that is individually trained or
such as carriage of a service animal. cargo compartment. The passenger will need able to provide assistance to a qualified
However, an air carrier may charge to understand airline policies and should person with a disability; or any animal
passengers with a disability if a service find out what type of documents the carrier shown by documentation to be necessary for
animal causes damage, as long as it is its would need to ensure the safe passage of the the emotional well being of a passenger.
regular practice to charge non-disabled service animal in the cargo compartment and Sources
passengers for similar kinds of damage. For any restrictions for cargo travel that might
apply (e.g., temperature conditions that limit See: 14 CFR 382.5, 14 CFR 382.37(a) and
example, it could charge a passenger with a
live animal transport). (c), 14 CFR 382.38 (a)(3), (b), (d) & (h)–(j), 14
disability for the cost of repairing or cleaning
• If you are having difficulty receiving an CFR 382.55(a)(1)–(3), 14 CFR 382.57,
a seat damaged by a service animal, assuming
appropriate accommodation, ask the airline ‘‘Guidance Concerning Service Animals in
that it is its policy to charge when a non-
employee to contact the airline’s complaint Air Transportation,’’ (61 FR 56420–56422,
disabled passenger or his or her pet causes
resolution official (CRO). Part 382 requires all (November 1, 1996)), ‘‘Commonly Asked
similar damage.
airlines to have a CRO available during all Questions About Service Animals in Places
Advice for Passengers With Service Animals hours of operation. The CRO is a resource for of Business’’ (Department of Justice, July,
• Ask about the airline’s policy on advance resolving difficulties related to disability 1996), and ‘‘ADA Business Brief: Service
seat assignments for people with disabilities. accommodations. Animals’’ (Department of Justice, April
For instance: (1) Should a passenger request • Another resource for resolving issues 2002).
pre-boarding at the gate? or (2) should a related to disability accommodations is the [FR Doc. 05–13947 Filed 7–18–05; 8:45 am]
passenger request an advance seat U.S. Department of Transportation’s aviation BILLING CODE 4910–62–P

Rule: Air Travel Nondiscrimination On Basis of Disability: Individuals With Disabilities Rights and Responsibilities Technical Assistance Manual

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Rule: Air Travel Nondiscrimination On Basis of Disability: Individuals With Disabilities Rights and Responsibilities Technical Assistance Manual

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July 19, 2005

14 CFR Part 382

DEPARTMENT OF TRANSPORTATION Discussion of Public Comments publication of this TAM. Congress

Person with a disability ............................................................................. Handicapped or deformed.

1 Foreign carriers are covered by this section only

Transportation places of public accommodation under Department

BILLING CODE 4910–62–P

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