# Nondiscrimination on the Basis of Disability

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A05-13947

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** July 19, 2005
- **Citation:** 70 FR 41482

## Text

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. OST-2005-20952]
Nondiscrimination on the Basis of Disability

AGENCY:

Office of the Secretary, Department of Transportation (DOT).

ACTION:

Technical Assistance Manual.

SUMMARY:

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

FOR FURTHER INFORMATION CONTACT:

Blane A. Workie, Office of the General Counsel, Department of Transportation, 400 7th Street, SW., Room 4116, Washington, DC 20590, 202-366-9342 (voice), (202) 366-0511 (TTY), 202-366-7152 (fax),
blane.workie@dot.gov
(e-mail). Arrangements to receive this notice in an alternative format may be made by contacting the above named individual.

SUPPLEMENTARY INFORMATION:

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), which was enacted on April 5, 2000, required, among other things, that DOT provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act (ACAA) and its implementing regulation in 14 CFR part 382 (part 382). See 49 U.S.C. 41705(c). Responding to this legislative mandate, on April 20, 2005, DOT published a draft Technical Assistance Manual (TAM) relating to air travel by passengers with disabilities and requested public comment. (70 FR 20640). DOT received comments from three trade associations for carriers [Air Transport Association of America (ATA), Regional Airline Association (RAA), and International Air Transport Association (IATA)], one U.S. carrier [Delta Air Lines (Delta)], one foreign carrier [Mexicana Airlines (Mexicana)] and two individuals for a total of seven comments on the draft TAM. The Department has revised the TAM based on the public comments received and to include several clarifications to make the TAM easier to read and understand.

Discussion of Public Comments

1. General Comments

ATA, IATA, and RAA expressed concern that publication of the TAM at this time would be premature and suggested delaying its publication pending the conclusion of the rulemakings regarding part 382,
i.e.
the Notice of Proposed Rulemaking (NPRM) extending part 382 to foreign carriers (69 FR 64364), an NPRM still in preparation to accommodate passengers who are deaf, hard of hearing and deaf-blind, and an NPRM still in preparation concerning the needs of passengers who require in-flight medical oxygen. ATA and RAA argued that finalizing the TAM before completing the upcoming rulemakings involving part 382 would be counterproductive and contrary to congressional intent since these rulemakings would likely require significant revisions to the TAM. IATA further stated that it cannot comment on the TAM as it views it as a “work in progress” that will be subject to several changes in the future. On the other hand, Mexicana commented that, although the final rule modifying part 382 to cover foreign air carriers has not yet been issued, it believed that the TAM would be helpful in assisting and guiding foreign carriers in implementing programs and policies that fulfill the general obligations of non-discrimination on the basis of disability in air travel.

As a separate matter, IATA noted that it found the TAM to be too lengthy and complex to be easily understood by individuals whose native language is not English and suggested that DOT develop a plain language version.

DOT also received comments from members of the general public. One individual requested that DOT not allow the use of cellular telephones onboard aircraft in flight. Another commenter implied that DOT is making changes to its disability rules without public comment/consultation and appeared to be asking DOT to consult with members of the public before making any changes to its disability-related regulations. This commenter also seemed concerned about the risk to his health or safety if carriers permit an individual who has a communicable disease or infection to fly on an aircraft and asked that DOT require carriers to operate “a safe, healthful plane.”

DOT Response:
DOT appreciates the reason that several commenters recommended that the publication of the TAM be delayed until the upcoming rulemakings regarding part 382 have been completed. However, there has already been too lengthy a delay in the publication of this TAM. Congress required DOT to provide a technical assistance manual to air carriers and individuals with disabilities in April 2000, and it is likely that the rulemakings regarding part 382 will not be finalized until at least 2006. Therefore, DOT opts not to delay completion of the TAM. The TAM will be revised, as needed, after the rulemakings are completed.

With regard to the comment that the TAM is too lengthy and the recommendation that DOT develop a plain language version for use by individuals whose native language is not English, DOT believes that the TAM, as written, is straightforward and written in plain English. DOT does recognize that the TAM is a lengthy document, which is primarily a result of our effort to ensure that each section of the TAM is a separate “stand alone document.” Because the TAM follows the chronological path of an air traveler with a disability from making a reservation through the completion of the trip and each subject is discussed in the context of the particular stage of the trip, a particular topic may be raised in more than one section. DOT will revisit the issue of whether to restructure the TAM for greater clarity, including using additional “plain language” techniques (
e.g.
, question and answer format) to the extent feasible to improve the clarity of the TAM, at the time that the TAM is revised to reflect changes in part 382 that may result from the current and anticipated rulemakings.

With respect to the comments received from members of the public, they do not necessitate any changes to the TAM. Cellular telephone usage on aircraft is not addressed in the TAM and is outside the TAM's scope. As for the comment regarding consultation with members of the public prior to the issuance of a disability rule, DOT has always and will continue to provide public notice of any rulemaking in accordance with the Administrative Procedure Act (APA). DOT has even gone beyond APA requirements to provide notice to the public of guidance documents such as the publication of this TAM in the
Federal Register
. Finally, with regard to the comment that DOT mandate carriers to operate a safe and healthful aircraft, DOT believes that carriers already do provide such flights for their passengers. Further, the Federal Aviation Administration (FAA) and not OST is the agency that issues air carrier safety regulations.

2. Chapter 1: Understanding How To Use This Manual

One carrier and two carrier associations sought further assurances from DOT that the TAM's use would not be mandatory and that the TAM would not expand air carriers' legal obligations under part 382. To this end, there was a suggestion that DOT add language in the introduction of the TAM stating clearly that the TAM is a guidance document and that the TAM's language and examples provided are consistent with, and do not exceed, current law.

DOT Response:
DOT restates its position that the TAM does not impose additional legal obligations on carriers. Further, as requested, DOT has added language in the introduction of the TAM to explain that the TAM does not expand air carriers' legal obligations or establish new requirements under the law. DOT also clarifies that it is not mandating the use of the TAM but rather encouraging its use to ensure the proper implementation of part 382.

3. Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities

ATA expressed concern that DOT is creating an impression that a violation of the ACAA and part 382 occurs in circumstances where an air carrier chooses to provide ground transportation and overnight accommodations to passengers because of a flight cancellation but is unable to provide accessible ground transportation and overnight accommodations to a passenger with a disability. It further remarked that air carriers will make every reasonable effort to locate and provide accessible ground transportation and accommodations but such accommodations may not always be available. The carrier association also disputes DOT's interpretation that section 382.39(a)(1) requires an air carrier to provide personnel to assist passengers with disabilities in carrying baggage through the airport terminal.

DOT Response:
A violation of the ACAA and part 382 does occur in circumstances where an air carrier chooses to provide ground transportation and overnight accommodations to passengers because of a flight cancellation but is unable to provide accessible ground transportation and overnight accommodations to a passenger with a disability. Section 382.7(a)(3) prohibits a carrier from excluding a passenger with a disability from or denying the person the benefit of any air transportation or related services that are available to other persons except when specifically permitted by another section of part 382. Further, ground transportation companies and hotels are required to comply with the Americans with Disabilities Act. As a result, carriers should not have difficulty in locating accessible ground transportation and overnight accommodations for a passenger with a disability. Of course, DOT recognizes that there may be unusual circumstances under which carriers may not be able to provide accessible ground transportation and hotel accommodation to a passenger with a disability but such a failure would still be a violation of the ACAA and part 382. In such situations, DOT's Aviation Enforcement Office may choose to use its discretionary power and not pursue enforcement action if the carrier can demonstrate that it made every reasonable effort to locate and provide accessible ground transportation and accommodations but they simply were not available.

With respect to ATA's assertion that section 382.39(a)(1) does not require carriers to assist passengers with disabilities in carrying their baggage through the airport terminal, DOT disagrees. DOT believes that implicit in the requirement to provide enplaning, deplaning and connecting assistance is the obligation of carriers to assist passengers with disabilities with carry-on or gate-checked luggage as they go between connecting flights or between a terminal entrance and a gate.

4. Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

ATA contends that the example DOT provided of a passenger with a disability who does not meet the advance notice requirement to check-in his battery-powered wheelchair and spillable battery is misleading and misstates the requirement in section 382.33(c) because it implies that the late-arriving passenger and not the air carrier makes the determination as to whether the service or accommodation can be provided without delaying the flight. ATA also strongly disagrees with the DOT's interpretation that section 382.35 requires an air carrier to provide free transportation to a person who volunteers to be an attendant for a disabled passenger that the carrier insists needs an attendant over the passenger's objection.

Delta expressed serious concerns that the draft TAM states that the carrier should be able to provide information to a passenger regarding seats unavailable for use by an individual with a disability (
e.g.
, exit row seat) and the location of seats with a movable armrest. Delta explained that it would not be able to provide information about the seats on its aircraft if a passenger makes a flight reservation more than a few days in advance of his/her flight because the specific location of seats is determined by ship number and the carrier assigns an aircraft to a specific flight by ship number only two or three days in advance of the flight. The carrier also asked that the language in the service animal section be clarified so it is clear that current regulations require that another seat be offered if a service animal cannot be accommodated at the passenger's assigned seat only when a seat exists in the same class of service.

Mexicana objected to language in the draft TAM indicating that carrier personnel would be required to make a determination as to whether a communicable disease poses a direct threat to the health or safety of others by an assessment based on reasonable judgment relying on “current medical knowledge” or the “best available objective evidence.” The carrier expressed concern that this requirement would be an undue burden and create extensive legal liabilities for the carrier.

DOT Response:
It was not DOT's intention to imply that a late-arriving passenger who wants to check-in his or her battery-powered wheelchair would make the determination as to whether the service can be provided without delaying the flight. Under section 382.33(c), if a passenger does not meet advance notice or check-in requirements, the carrier must nonetheless provide the service requested if it can do so by making a reasonable effort. The advance notice provision allows carriers sufficient time to prepare to make whatever special arrangements may be needed to provide certain requested accommodations. However, if advance notice is not provided, it has always been DOT's intention that the carrier would make the determination as to whether it can provide the requested accommodation by making a reasonable effort. The advance notice example involving Mr. Thomas provided in the TAM discusses Mr. Thomas' perception that it is feasible to provide the requested accommodation without delaying the flight but properly states that the carrier must accommodate Mr. Thomas, his battery-powered wheelchair and the spillable battery even though Mr. Thomas did not provide advance notice “[i]f this is the case,”
i.e.
, if it is feasible to provide the requested accommodation without delaying the flight. In other words, the requirement for a carrier to provide the requested

accommodation applies even if advance notice has not been provided if it can be accomplished through reasonable efforts and this determination is for the carrier, not a passenger, to make.

DOT has modified the language in the TAM regarding service animals to clarify that if a service animal cannot be accommodated at the passenger's assigned seat then a carrier is required to offer that passenger another seat in the same class of service. The carrier is not obligated to offer a seat in a better class of service (
e.g.
, first class seat instead of coach seat) to accommodate the disability.

DOT declines to modify language in the TAM pertaining to information carriers should provide passengers with a disability regarding seats unavailable for their use (
e.g.
, exit row seat) and the location of seats with a movable armrest. The TAM accurately discusses the requirement in section 382.45(a)(1). It states that accessibility information pertaining to the specific aircraft scheduled for a specific flight is required when
feasible
(emphasis added). In addition, the non-mandatory word “should” rather than “must” is used to describe the carriers' obligation to provide information about aircraft accessibility for passengers with a disability which leaves open the possibility that there may be times when carriers would not be violating 382.45(a)(1) by not providing the requested information because it was not feasible to do so.

With respect to the comment concerning communicable diseases, DOT cannot change the TAM provision that carriers make a determination as to whether a communicable disease poses a direct threat to the health or safety of others. This requirement is set forth in section 382.51(b)(3) and it would not be appropriate for DOT to change or modify an existing requirement set forth in part 382 through the TAM. The TAM is the appropriate vehicle to clarify or explain the requirements in part 382 to ensure their proper implementation but is not the appropriate place to add, reduce, or change carriers' obligations. Requests for change to carriers' current obligations regarding communicable diseases would be more appropriate for consideration in a rulemaking process.

With regard to the attendant issue, DOT disagrees with the commenter and interprets section 382.35 to require a carrier to cover the cost of transportation for a safety attendant who is required by a carrier over the objection of a passenger with a disability. Carriers are required not to charge for the transportation of a safety assistant (including providing a refund to a ticketed passenger who serves as a safety assistant) where a carrier's assessment that such assistance is needed is contrary to a disabled individual's self-assessment. According to the rule, the attitude of the safety assistant (
i.e.
, willingness to volunteer for free) does not matter. The free-transportation provision for safety attendants is not new and has been required of carriers since 1990. Of course, the carrier may select the most cost-effective manner to comply with the requirement whether that means selecting its own personnel or a non-revenue passenger to serve as a safety attendant or soliciting volunteer passengers in exchange for a free one-way ticket.

5. Chapter 5: Assisting Air Travelers With Disabilities Boarding, Deplaning, and During the Flight

Delta recommended that, in the section that addresses the stowage and treatment of personal equipment used by passengers with a disability, DOT include specific citations to the applicable FAA safety regulations and DOT hazardous materials regulations that govern items that can and cannot be brought aboard aircraft,
e.g.
, ventilators/respirators, non-spillable batteries.

Mexicana believes that the language in the TAM regarding assisting passengers with the use of on-board wheelchairs inaccurately states that the carrier has the responsibility to transfer a disabled passenger from his or her seat to the aisle chair to enable him/her to move to and from the lavatory. Mexicana requested that DOT include language in the TAM that states that lifting and carrying a passenger with a mobility impairment from his/her seat to an aisle chair is not required to comply with section 382.39(b)(3). The carrier argued that requiring the lifting or carrying of a passenger to the aisle chair from his/her seat could lead to serious injury to carrier personnel and/or the passenger.

DOT Response:
DOT is not convinced that it would be useful to provide specific citations to FAA safety and DOT hazardous materials regulations with respect to items that can and cannot be brought aboard aircraft because the TAM would need to be amended each time that there is a change in the FAA safety or DOT hazardous materials regulations. Also, carriers may unduly rely on the citations provided in the TAM and not keep up to date on changes in the FAA safety or DOT hazardous materials regulations that may occur over time.

DOT declines to makes changes to the language in the TAM regarding assisting passengers with the use of on-board wheelchairs as it accurately describes the requirement in section 382.39(b)(3). Although section 382.39(b)(3) does not explicitly state that assisting a passenger with the use of an on-board wheelchair includes transferring the passenger from his/her seat to the aisle chair, the preamble of the originally issued part 382, dated March 6, 1990, does make this point clearly. 55 FR 8008. The preamble to the 1990 rule contains a detailed discussion on required carrier personnel assistance to persons using on-board chairs. It addresses comments from air carrier associations, similar to the one made by the commenter on the TAM, that carrier personnel should not be required to assist with the use of an on-board wheelchair because of risks of injury. DOT decided, in 1990, that an on-board chair is not a device in which an individual with a disability can be independently mobile and carrier personnel must assist a disabled passenger not only by pushing him/her in an on-board chair but also by lifting the passenger onto the on board aisle chair when necessary.

6. Appendix III: Frequently Asked Questions

ATA commented that the draft TAM is inaccurate and misleading when it states that section 382.39 requires carriers (i) to provide wheelchair enplaning help, on request, from the curb to the airplane on departure, and from the airplane back out to the curb upon arrival; and (ii) to assist a disabled passenger in claiming his or her checked luggage before assisting him/her in a wheelchair to the curb if requested. ATA noted that these details are not addressed in the current part 382 and are the subject of the November 4, 2004, NPRM proposing to revise part 382 to update, reorganize and clarify the rule and to implement a statutory requirement to cover foreign air carriers under the ACAA.

DOT Response:
DOT disagrees with the commenter and views section 382.39 as requiring enplaning assistance from the curb at the entrance to the terminal to the aircraft and deplaning assistance from the aircraft to the curb at the exit of the terminal when requested by a disabled passenger. This is not a new DOT interpretation. Also, DOT believes that implicit in the requirement to provide enplaning, deplaning and connecting assistance is the obligation of carriers to assist passengers with disabilities with carry-on or gate-checked luggage as they go between connecting flights or between a terminal entrance and a gate. DOT acknowledges that these details are

covered in the November 4, 2004, NPRM as ATA pointed out; however, the NPRM is making a clarification of an existing requirement and not proposing to establish a new rule. Indeed, the 2004 NPRM explains that it is stating the obligation explicitly to avoid any misunderstanding.

Discussion of Changes to TAM Unrelated to Public Comments Received

DOT has made several clarifying changes to the technical assistance manual proposed on April 20, 2005, that are not based on public comment. The changes consist primarily of the following: (1) Clarifying in the example provided in Chapter 2 regarding Adam (a passenger who has had severe epileptic seizures in the past) that airline personnel must reasonably believe that there is a real safety risk to him or a
direct threat
to other passengers to lawfully deny transport to him; (2) explaining in the example provided in Chapter 3 under communicable diseases of a passenger who appears to have chicken pox that airline personnel should make a determination as to whether the passenger poses a direct threat to the health or safety of others based on the seriousness of the health risk and the ease of disease transmittal; and (3) suggesting in Chapter 6 that whenever a passenger raises a disability-related concern that carrier personnel should advise the passenger of the existence of the Department's aviation consumer disability hotline for resolving issues related to disability accommodations. DOT believes that these changes to the TAM will make it a more useful document.

Issued this 8th day of July, 2005, at Washington DC.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings, U.S. Department of Transportation.

What Airline Employees, Airline Contractors, and Air Travelers With Disabilities Need To Know About Access to Air Travel for Persons With Disabilities

A Guide to the Air Carrier Access Act (ACAA) and Its Implementing Regulations, 14 CFR Part 382 (Part 382)

Table of Contents

Chapter 1: Understanding How To Use This Manual

A. Introduction

B. Background

C. Keyword Definitions

Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities

Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

A. Advance Notice

B. Information about the Aircraft

C. Mobility Aids and Assistive Devices

D. Service Animals

E. Accommodations for Air Travelers who are Deaf, Hard of Hearing, or Deaf-Blind

F. Communicable Diseases

G. Medical Certificates: When are they Allowed?

H. Your Obligation to Provide Services and Equipment

I. Attendants

Chapter 4: Assisting Air Travelers With Disabilities at the Airport

A. Accessibility of Terminal Facilities and Services

B. Security Screenings for Air Travelers with a Disability

C. Air Travelers with a Disability Changing Planes

D. Accommodations for Air Travelers who are Deaf, Hard of Hearing, or Deaf-Blind

E. Attendants

Chapter 5: Assisting Air Travelers With Disabilities Boarding, Deplaning, and During the Flight

A. Aircraft Accessibility

B. Seating Assignments and Accommodations

C. Boarding and Deplaning Assistance

D. Stowing and Treatment of Personal Equipment

E. Services in the Cabin

F. Safety Briefings

Chapter 6: Assisting Air Travelers With Disabilities With Their Complaints

A. Complaint Procedures and Complaints Resolution Officials (CRO's)

B. Process to Resolve Complaints

C. General Complaint Resolution Tips

D. Recording, Categorizing, and Reporting Written Disability-related Complaints Received by Carriers

Chapter 7: Interacting With People With Disabilities

Indices

Alphabetical Index

Part 382 Index

Appendices

I. Tips for Air Travelers With Disabilities

II. Airline Management-Related Issues

III. Frequently Asked Questions

IV. Recent DOT Enforcement Orders Related to the ACAA

V. 14 CFR Part 382

VI. DOT Guidance Concerning Service Animals in Air Transportation

Chapter 1: Understanding How To Use This Manual

A. Introduction

B. Background

C. Keyword Definitions

A. Introduction

Purpose of the Manual

This manual is a guide to the Air Carrier Access Act (ACAA) and its implementing regulations, 14 CFR part 382 (part 382). It is designed to serve as a brief but authoritative source of information about the services, facilities, and accommodations required by the ACAA and the provisions of part 382. The manual does not expand air carriers' legal obligations or establish new requirements under the law. It contains suggested practices and procedures for carriers to use on a voluntary basis to implement part 382.

The primary purpose of the manual is to help you, employees/contractors of air carriers and employees/contractors of indirect air carriers that provide services or facilities to passengers with disabilities, to assist those passengers in accordance with the law. Knowing your legal responsibilities will help ensure consistent compliance with the law and protect the civil rights of air travelers with disabilities when providing services, facilities, and accommodations to them.

Throughout the manual, rather than talking about air carriers' or indirect air carriers' employees/contractors such as yourself in the third person, the word “you” is used. In most instances, the word “you” refers to personnel who deal directly with the traveling public. Moreover, the obligations and responsibilities under the law as set forth in the manual must be read within the context of each specific employee's duties on the job.

A second purpose of this manual is to offer air travelers with disabilities information about their rights under the ACAA and the provisions of part 382. Accordingly, in addition to the other useful information in this manual, Appendix I contains a list of “Tips for Air Travelers with Disabilities” to help ensure a smooth and comfortable trip. In addition, Appendix III provides a list of “Frequently Asked Questions” and answers and Appendix IV contains a list of “Recent DOT Enforcement Orders Related to the ACAA.” These DOT enforcement orders are useful because they provide examples in which DOT has interpreted some of the provisions of the ACAA and part 382 under particular circumstances.

B. Background

U.S. Air Carriers

In 1986, Congress passed the ACAA, which prohibits discrimination by U.S. air carriers against qualified individuals with disabilities. 49 U.S.C. 41705. In

1990, the Department of Transportation (DOT) issued part 382, the regulations defining the rights of passengers with disabilities and the obligations of U.S. air carriers under the ACAA. Since then, these regulations have been amended a number of times. DOT has also issued guidance to air carriers on the ACAA and part 382 in a variety of ways: preambles to regulatory amendments, industry letters, correspondence with individual carriers or complainants, enforcement actions, Web site postings, and informal conversations with the public and air carriers.

Foreign Air Carriers

On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR-21”; Pub. L. 106-181) amended the ACAA to cover foreign air carriers. Although a final rule modifying part 382 to cover foreign air carriers has not yet been issued, in May 2000 DOT's Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) issued a notice informing the public of its intent to use the provisions of part 382 as guidance in investigating any complaints of non-compliance with the ACAA by foreign carriers. In addition, in July 2003 DOT amended part 382 by adding a new section, 382.70, that requires both U.S. carriers and foreign carriers to record and report to DOT on written disability-related complaints that they receive. At the present time, section 382.70 is the only provision of part 382 that specifically states that it applies to foreign carriers. Finally, a notice of proposed rulemaking (NPRM) proposing to extend the other provisions of part 382 to foreign carriers was published on November 4, 2004. Therefore, while the majority of this manual does not expressly apply to foreign carriers, they should look to this document and part 382 in satisfying their general nondiscrimination obligations under AIR-21 and DOT's May 2000 guidance.

Development of Technical Assistance Manual

In 2000, Congress required DOT to create a technical assistance manual to provide guidance to individuals and entities with rights or responsibilities under the ACAA. This manual responds to that mandate. In creating this manual, DOT held meetings with representatives from the disability community, air carriers, and organizations that contract with air carriers to provide disability-related services. Those who attended the meetings made suggestions for this manual. All of these suggestions have been thoroughly considered by DOT and incorporated where appropriate.

ACCESS

A step-by-step process for resolving issues involving passengers with disabilities appears later in this manual. Whether the issue is a matter of law, customer service, or both, the ACCESS checklist will be useful in identifying the needs of passengers with disabilities and determining what accommodations the air carriers are required to provide as a matter of law.
See
Chapter 6, section B.

How To Use This Manual

This manual is structured in the same sequence as the steps a passenger would encounter on a trip,
i.e.
, requirements concerning

• Planning a flight,

• The airport experience,

• Enplaning, deplaning, and making connections,

• Services during a flight, and

• Responding to disability-related complaints.

This manual contains the following tools to assist you in quickly and easily finding the answer to your questions:

• A Table of Contents at the beginning of the manual;

• An Alphabetical Index at the back of the manual; and

• A part 382 Index listing the citations to part 382 at the back of the manual.

Also, the following appendices appear at the end of the manual:

•
Appendix I:
“Tips for Air Travelers with Disabilities” as they relate to the most commonly-used accommodations, facilities, and services that carriers are required to make available to such passengers;

•
Appendix II:
A list of concerns applicable mainly to air carrier management, as opposed to frontline customer service personnel;

•
Appendix III:
A list of “Frequently Asked Questions” and answers;

•
Appendix IV:
A list of “Recent DOT Enforcement Orders Related to the ACAA”;

•
Appendix V:
The full text of part 382; and

•
Appendix VI:
The DOT document “Guidance Concerning Service Animals in Air Transportation.”

Themes of This Manual

Legal Requirements and Customer Service

This manual highlights the difference between actions you must take according to the law as stated in part 382 and actions that you may choose to take in an effort to provide superior customer service to passengers with disabilities. Legal requirements are generally designated by the words, “must” or “shall” in the manual. Words such as “should” or “may” indicate accommodations that part 382 does not require but that DOT recommends and that you may decide to provide as a matter of good customer service.

Safety

Where applicable, this manual discusses how to properly and lawfully consider aircraft and passenger safety when providing transportation to passengers with disabilities. Part 382 does not require or authorize you to disregard FAA safety regulations. Where different treatment of passengers with disabilities or other restrictions are mandated by an FAA safety regulation, part 382 allows you to comply with the FAA safety regulation. For example, if an FAA safety rule provides that only persons who can perform certain functions can sit in an exit row, then you can request that an individual unable to perform those functions (regardless of whether that individual has a disability) sit in another row. If the passenger refuses, you can properly deny transportation to such passengers.

However, where an optional carrier action that is not required by FAA rules would result in different treatment of passengers with disabilities, or in other restrictions, then the ACAA and the provisions of part 382 prohibit you from implementing the optional carrier action even if it might ensure safety. For instance, suppose ABC Airways required only passengers with disabilities—not all passengers—to provide correct answers to a quiz about the content of a safety briefing and a passenger with a disability either refused to respond or failed such a quiz. It would
not
be appropriate to deny transportation to a passenger with a disability on such grounds unless the carrier's policies and procedures consistently treated all passengers in a similar manner.

In short, part 382 is consistent with FAA safety requirements as it allows you to follow FAA safety rules and to ensure that the safe completion of the flight or the health and safety of other passengers are not jeopardized. Determinations about whether an FAA rule requires different treatment of a passenger with a disability for safety reasons often depend on the circumstances you encounter. Therefore, it is important that you seek information from passengers with disabilities and their traveling companions and make a reasonable

judgment considering all available information.

The FAA safety mandates can be found in the Code of Federal Regulations (14 CFR parts 60 through 139), FAA guidance interpreting these regulations, and Airworthiness Directives (
see http://www.faa.gov
, click on “Aircraft Guidance” and then click on “Airworthiness Directives”).

Security

This manual addresses security procedures, particularly those enacted after the terrorist hijackings and tragic events of September 11, 2001, which affect or may affect the types of accommodations and services provided to passengers with disabilities. Similar to the situation involving FAA safety requirements, part 382 is consistent with security requirements mandated by the Transportation Security Administration (TSA). For example, TSA has strict rules as to which persons can go beyond the screener checkpoints, but these TSA rules are consistent with part 382 and do not invalidate your obligation to provide enplaning and deplaning assistance requested by passengers with disabilities, including assistance beyond screener checkpoints. You do have discretion in how that assistance is provided. You can provide (i) a “pass” allowing an individual who needs to assist a passenger with a disability to go through the screener checkpoint without a ticket; (ii) assistance directly to the passenger; or (iii) both.

Contractors

This manual recognizes the important role that contractors play in providing services, equipment, and other accommodations to passengers with disabilities. A contactor is an entity that has a business arrangement with an air carrier to perform functions that the ACAA and part 382 would otherwise require the air carrier to perform with its own employees. Contractors provide a variety of services on behalf of air carriers in furnishing assistance to persons with disabilities. For example, contractors often provide wheelchair service, assist passengers with disabilities on and off aircraft, transport passengers with disabilities between departure gates, and work as baggage handlers who handle passengers' wheelchairs and other assistive devices. Contractors must provide the same services, equipment, and other accommodations required of an air carrier and its employees by the ACAA and part 382. As an employee of a contractor, you are therefore required to follow the mandates of the ACAA and part 382 when providing services, equipment, and other accommodations to passengers with disabilities. If you do not follow the mandates of the ACAA and part 382, the air carrier is subject to enforcement action by DOT for your failure.

C. Keyword Definitions

Following is a list of key words whose definitions will help you fully understand this manual.

Air Carrier:
Any United States company that provides air transportation, either directly or indirectly or by a lease or any other arrangement. [Sec. 382.5]

Air Carrier Airport:
A public, commercial service airport which enplanes annually 2,500 or more passengers and receives scheduled air service. [Sec. 382.5]

Air Transportation:
Interstate, overseas, or foreign air transportation, or the transportation of mail by aircraft, as defined in the Federal Aviation Act (recodified as 49 U.S.C. 40101
et seq.
). [Sec. 382.5]

Assistive Device:
Any piece of equipment that assists a passenger with a disability in carrying out a major life activity. Assistive devices are those devices or equipment used to assist a passenger with a disability in caring for himself or herself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, or performing other functions of daily life. Assistive devices may include medical devices, medications, and bags or cases used to carry them.

Complaints Resolution Official (CRO):
One or more individuals designated by each air carrier who must be thoroughly familiar with the requirements of part 382 and the air carrier's policies and procedures addressing part 382 and the provision of services, facilities, and accommodations to passengers with disabilities. A CRO must have the authority to resolve disability-related complaints on behalf of an air carrier. A CRO must be available to address disability-related complaints presented by passengers or other individuals. A CRO must be available [1] in person at the airport; or [2] via telephone or TTY at all times an air carrier is operating. [Sec. 382.65]

Contractor:
A contactor is an entity that has a business arrangement with an air carrier to perform functions that the air carrier would otherwise be required to perform with its own employees under the ACAA and part 382. For example, carriers often have business arrangements with companies to provide wheelchair service to passengers with disabilities or to handle baggage. [Sec. 382.7]

Contractor Employee:
An individual that works for an organization that has a business arrangement with one or more air carriers to provide services, facilities, and other accommodations to passengers with disabilities. [Sec. 382.7]

Department or DOT or U.S. Department of Transportation:
The Federal agency that works to ensure a fast, safe, efficient, accessible, and convenient transportation system that meets the Nation's vital national interests and enhances the quality of life of the American people. DOT has nine operating administrations, in addition to the Office of the Secretary of Transportation (OST): Bureau of Transportation Statistics, Federal Aviation Administration (FAA), Federal Highways Administration, Federal Railroad Administration, Federal Transit Administration, Maritime Administration, National Highway Transportation Safety Administration, Research and Special Programs Administration, and the St. Lawrence Seaway Development Corporation. [Sec. 382.5] The responsibility for implementing the ACAA resides in OST.

DOT Disability Hotline or Hotline:
The toll free telephone hotline system that provides general information about the rights of air travelers with disabilities, responds to requests for information, and assists air travelers with time-sensitive disability-related issues. Members of the public may call 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) from 7 a.m. to 11 p.m. Eastern time, seven days a week to receive assistance regarding air travel by individuals with disabilities.

FAA:
The Federal administration that oversees the safety of our Nation's civil aviation system. Safety is the first and foremost mission of the FAA and includes the issuance and enforcement of regulations and standards related to the manufacture, operation, certification, and maintenance of aircraft. [Sec. 382.5]

Facility:
All or any portion of aircraft, buildings, structures, equipment, roads, walks, parking lots, and any other real or personal property, normally used by passengers or prospective passengers visiting or using the airport, to the extent that the carrier exercises control over the selection, design, construction, or alteration of the property. [Sec. 382.5]

Indirect Air Carrier:
A company not directly involved in the operation of an aircraft that sells air transportation services to the general public, such as tour and charter operators. [Sec. 382.5]

Individual with a Disability:
Any individual who:

• Has a physical or mental impairment that, on a permanent or temporary basis,

• Substantially limits one or more major life activities,

• Has a record of such an impairment, or

• Is regarded as having such an impairment. [Sec. 382.5]

Qualified Individual with a Disability:
An individual with a disability who:

• Accompanies or meets a traveler using airport facilities;

• Seeks information about schedules, fares, or policies;

• Attempts to use facilities or services offered to the general public by an air carrier;

• Has a ticket, or makes a good faith attempt to buy a valid ticket for a flight;

• Arrives with a valid ticket for the flight; and

• Meets reasonable, nondiscriminatory requirements applicable to all passengers. [Sec. 382.5]

Service Animal:
Any animal that is individually trained or able to provide assistance to a qualified person with a disability or any animal shown by documentation to be necessary for the emotional well being of a passenger. With respect to emotional support animals, although carriers may require documentation to verify that an animal is an emotional support animal, such documentation is not required under the law.

Dogs, cats, and monkeys are among those that have been individually trained and act as service animals. Service animals may assist people with disabilities by, for example:

• Guiding persons with vision impairments;

• Alerting persons with deafness to specific sounds;

• Alerting persons with epilepsy of imminent seizure onset;

• Pulling a wheelchair;

• Assisting persons with mobility impairments with balance; and

• Providing emotional support for persons with disabilities. [Sec. 382.55]

Text Telephones (TTY) or Telecommunications Devices for the Deaf (TDD):
TTYs, also called TDDs, are devices that allow individuals who are unable to use a regular telephone to make or receive telephone calls by enabling them to type their conversations. The TTY benefits people who are deaf, hard of hearing, or speech impaired and individuals seeking to communicate with them. The conversation is typed back and forth and is displayed on a lighted display screen, a paper print-out in the TTY/TDD device, or a computer screen using specialized TTY software. A TTY may also be used to place a relay call to a party with a regular telephone.
See
Chapter 4, Section D.

Transportation Security Administration (TSA):
An administration within the Department of Homeland Security that is charged with protecting the security of the Nation's transportation systems to ensure freedom of movement for people and commerce. The Aviation and Transportation Security Act, signed into law on November 19, 2001, brought airport security (including the responsibility to hire, train, manage, and discipline security screeners) under the direct authority of the TSA.

Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities

•
What does the Air Carrier Access Act (ACAA) say?
The ACAA prohibits U.S. and foreign air carriers from discriminating against an air traveler with a disability on the basis of such disability (49 U.S.C. 41705).

•
What is 14 CFR Part 382 (part 382)?
Part 382 is a detailed set of rules that define air carriers' responsibilities under the ACAA and ensures that individuals with disabilities will be treated without discrimination consistent with the safe carriage of all passengers.

•
Who has to follow part 382?
The following organizations and individuals must comply with part 382: (1) Air carriers and their employees (
e.g.
, ticket and gate agents, flight attendants, baggage handlers, pilots, etc.); (2) authorized agents of an air carrier (
e.g.
, travel agents); (3) organizations and their employees that have business arrangements with air carriers to provide disability-related services (
e.g.
, wheelchair service, baggage handling, etc.); and (4) indirect air carriers and their employees (
e.g.
, tour operators) that provide facilities, services, or other accommodations to passengers with disabilities.

•
Who is protected by part 382?
Part 382 protects three categories of individuals with disabilities: (1) Individuals who have a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities; (2) individuals who have a record of such impairment; and (3) individuals who are regarded as having such an impairment, whether they have the impairment or not.

•
What is a physical or mental impairment?

Physical impairments
include (1) physiological disorders or conditions; (2) cosmetic disfigurements; or (3) anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

Examples of physical impairments include orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV disease, drug addition, and alcoholism.

Mental impairments
include mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Physical characteristics such as the color of one's eyes, hair, or skin, baldness, and left-handedness do not constitute physical impairments. Similarly, neither age nor obesity alone constitutes a physical impairment. Disadvantages due to cultural or economic factors are not covered by part 382. Moreover, the definition of “physical or mental impairment” does not include personality traits such as poor judgment or a quick temper, where these are not symptoms of a mental or psychological disorder.

•
What is a substantial limitation on major life activities?
To qualify as a “disability” under part 382 a condition or disease must substantially limit a major life activity. Major life activities include, but are not limited to, activities such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

•
When does an impairment “substantially limit” a major life activity?
There is no absolute standard for determining when an impairment is a substantial limitation. Some impairments obviously limit the ability of an individual to engage in a major life activity.

Example 1:

A person who is deaf is substantially limited in the major life activity of hearing.

Example 2:

A person with traumatic brain injury may be substantially limited in the major life activities of: (a) caring for himself or herself; and (b) working, because of memory deficiency, confusion, contextual difficulties, and the inability to reason appropriately.

Example 3:

An individual who is paraplegic may be substantially limited in the major life activity of walking.

•
Are temporary mental or physical impairments covered by part 382?
Yes.

Example:

While on a skiing trip, Jane breaks her leg and is placed in a cast that keeps her from bending her leg and walking without the use of crutches. Jane will eventually recover the full use of her leg, but in the meantime she is substantially limited in the major life activity of walking. Because Jane's broken leg will substantially limit a major life activity for a time, Jane would be considered to have a disability covered by part 382 during that time. You would be required to provide her certain services and equipment under part 382 if requested (
e.g.
, enplaning and deplaning assistance, connecting wheelchair assistance, seating with additional leg room in the same class of service to the extent required by part 382, safe stowage of her crutches in the aircraft cabin in close proximity to the passenger).

•
Who is a person with a “record of” a disability under part 382?
Part 382 protects individuals from discrimination who have a “record of” (history of) a physical or mental impairment that substantially limits a major life activity or who have been classified, or misclassified, as having such an impairment. Therefore, individuals who do not have an actual current impairment that substantially limits a major life activity would still be protected under part 382 based upon a past diagnosis (or a misdiagnosis) of an impairment that substantially limits a major life activity. Individuals with a history of cancer or epilepsy are examples of people with a record of impairment.

Example:

Adam, a passenger who has had severe epileptic seizures in the past that rendered him unable to work, is denied transportation by airline personnel because of their concern that he may have a seizure on board the aircraft. This denial of transportation would be unlawful if based solely on the fact that Adam has had seizures in the past, because epilepsy may be controlled by medication. Airline personnel can lawfully deny transport to Adam only if they reasonably believe, based on the information available, that his seizure disorder poses a real safety risk to him or direct threat to other passengers.

•
When is a person “regarded as” having a disability?
Part 382 also protects an individual who is “regarded as” having a physical or mental impairment that substantially limits a major life activity, whether or not that person actually has an impairment. People can be “regarded as” disabled if: (1) Their non-limiting or slightly limiting impairments are viewed by others as substantially limiting; (2) they have no impairments but are viewed by others as having a substantially limiting impairment; or (3) their impairments become substantially limiting because of the attitudes of other people.

Example 1:

John, an individual with a mild heart condition controlled by medication, is denied transportation because airline personnel believe that flying will cause John to have heart problems necessitating diversion of the aircraft during flight. John is not substantially limited in any major life activity by his condition. John has informed the air carrier personnel that his heart condition is controlled by medication and that for the past five years he has flown on a near weekly basis without incident. Even though John does not actually have an impairment that substantially limits a major life activity, he is protected by the provisions of part 382 because he is treated as though he does. The airline personnel's refusal to provide transportation to John must be reasonable under the facts and circumstances presented. Arguably, excluding John from the flight was unreasonable because John had informed the airline employee that he was taking medication and that he had flown frequently in the recent past without incident. The reasonableness of the decision depends on John's credibility and any additional information provided. Regardless of the reasonableness of the decision, the airline employee is legally required under section 382.31(e) to provide a written explanation to John within 10 calendar days setting forth the specific safety or other reason(s) for excluding John from the flight.

Example 2:

Karen, an individual born with a prominent facial disfigurement, has been refused transportation on the grounds that her presence has upset several passengers who have complained to gate agents about her appearance. Karen's physical disfigurement becomes substantially limiting only as a result of the attitudes of others and she is protected by the provisions of part 382. Refusing to provide transportation to Karen would violate section 382.31 because you must not refuse to provide transportation to a qualified individual with a disability, such as Karen, solely because her appearance may offend or annoy other passengers. As in the example above, and regardless whether the decision to refuse transportation was correct, you must provide Karen with a written explanation of the specific basis for the refusal within 10 calendar days of the incident.

•
How do I determine whether a person is an individual with a disability?
Provide an opportunity for the passenger to self-identify by asking how you can best assist him or her.

•
How do I assist a passenger with a disability?
Ask the passenger how you can best assist him or her. A passenger with a disability has the most information about his or her abilities, limitations, level of familiarity with the airport and airline, and needs in connection with traveling by air.

•
May I ask an individual what his or her disability is?
Only to determine if a passenger is entitled to a particular seating accommodation pursuant to section 382.38. Generally, you may not make inquiries about an individual's disability or the nature or severity of the disability. However, you may ask questions about an individual's ability to perform specific air travel-related functions, such as enplaning, deplaning, walking through the airport, etc.

Example 1:

You may not ask a person, “What is your disability?” You may not ask, “Do you have diabetes?”

Example 2:

You may ask, “Can you walk from the gate area to your aircraft seat?” You may ask, “Are you able to transfer from the aisle chair over a fixed aisle seat armrest?” You may ask, “Can you walk from this gate to your connecting gate?” You may ask (by writing a note if necessary), “Do you need me to notify you if I make any announcements over the public address speaker?”

Example 3:

Susan asks for a bulkhead seat because the condition of her leg necessitates her need for greater legroom. You may ask, “Are you unable to bend your leg or is your leg fused or immobilized?” [Sec. 382.38]

•
What are some of the requirements of part 382 that you should be aware of?
Following are some of the principal requirements of part 382. It is important to note that the requirements of part 382 listed below are not meant to be exhaustive. Rather, it is a list of requirements governing situations that you are likely to encounter on a regular basis.

• You must not discriminate against qualified individuals with a disability. [Sec. 382.7(a)(1)] You must not
require
a passenger with a disability to accept special services (including, but not limited to, pre-boarding) not requested by the passenger. [Sec. 382.7(a)(2)] Instead, you may
ask
a passenger with a disability if he or she would like a particular service, facility, or other accommodation. In addition, you must not exclude a qualified individual with a disability from or deny the individual the benefit of any air transportation or related services that are available to other passengers. [Sec. 382.7(a)(3)] For example, if you choose to provide ground transportation and overnight accommodations to passengers because of a flight cancellation, you must ensure that the ground transportation to the hotel, and the hotel itself, are accessible to a passenger with a disability.

• You must not refuse transportation to a passenger solely on the basis of a disability. [Sec. 382.31(a)]

• You must provide transportation to an individual with a disability who has an impairment that affects his or her appearance or results in involuntary behavior except under limited circumstances specified below. You must provide transportation to such individuals with disabilities even if the disability may offend, annoy, or inconvenience crewmembers or other passengers. [Sec. 382.31(b)] However, if the person's disability results in

involuntary behavior that would or might be inimical to the safety of the flight, then the person may properly be refused transportation. [Sec. 382.31(d)]

• You shall not limit the number of individuals with disabilities on a particular flight. [Sec. 382.31(c)]

• If transportation of a passenger with a disability would endanger the safety of the aircraft or the health or safety of its passengers or violate an FAA safety regulation, you may refuse transportation to the individual with a disability. [Sec. 382.31(d)]

• You shall not require a passenger with a disability to travel with an attendant or to present a medical certificate,
except
in very limited circumstances. [Secs. 382.35(a) and 382.53(a)]

• You shall not exclude a passenger with a disability from any seat in an exit or other row solely on the basis of his or her disability except to comply with FAA safety rules. FAA safety rules establish criteria that must be met in order for a passenger to occupy a seat in the emergency exit rows. [14 CFR 121.585] If a passenger with a disability meets these FAA criteria, he or she must be allowed to sit in an emergency exit row. As with any other passenger, you must look at the individual passenger with a disability and reasonably assess whether he or she meets FAA criteria for exit-row seating. [Sec. 382.37(a)]

• You must provide timely enplaning, deplaning, and connecting assistance to passengers with disabilities requesting such assistance. As part of this duty, you must provide equipment (
e.g.
, wheelchairs, electric carts, and aisle chairs) and personnel (
e.g.
, individuals to propel wheelchairs and aisle chairs and individuals to assist passengers with disabilities in carrying and stowing their baggage). [Secs. 382.39(a)(1) and 382.39(b)(5)]

• You must allow a passenger with a disability to stow his or her cane or other assistive device inside the cabin of the aircraft close to his or her seat if it fits, consistent with FAA safety rules on carry-on items. [Sec. 382.41(c)]

• You must allow passengers to safely stow their wheelchairs or parts of wheelchairs (
e.g.
, wheels, seats, etc.) in the overhead bin or under seats. [Sec. 382.41(e)(1)]

• You must ensure that there is space for at least one passenger with a disability to stow a folding wheelchair in the cabin of the aircraft if the aircraft has a designed seating capacity of 100 or more seats and the aircraft was ordered after April 5, 1990, or delivered after April 5, 1992. [Sec. 382.21(a)(2)]

• If there is a closet or other approved stowage area for passengers' carry-on items of sufficient size to accommodate a folding, collapsible, or break-down wheelchair, the carrier must designate priority stowage space for at least one wheelchair in that area. A passenger with a disability who takes advantage of the offer of the opportunity to pre-board may stow his or her wheelchair in this area with priority over other carry-on items brought onto the aircraft by other passengers and flight crew enplaning at the same airport. A passenger with a disability who does not pre-board may use this space to stow his or her wheelchair on a first-come, first-served basis along with other passengers stowing their carry-on items. [Sec. 382.41(e)(2)]

• You must have a copy of Part 382 available at every airport you serve. Upon request by a passenger at the airport, you must make a copy available for review. [Sec. 382.45(d)]

• You must provide blind or visually-impaired passengers and passengers who are deaf, hard of hearing, or deaf-blind, timely access to the same information given to other passengers at the airport or on the airplane. This includes, but is not limited to, information concerning gate assignments, delayed flights, and safety. [Secs. 382.45(c) and 382.47]

• You must allow service animals to accompany passengers with disabilities in the cabin consistent with FAA safety requirements. You must allow the service animal to sit in close proximity to its user, as long as the service animal does not block the aisle or other emergency evacuation route in violation of FAA safety regulations. Often this will mean that the service animal will sit under the seat in front of the disabled passenger to avoid obstructing an aisle or other space. Some service animals are held by their users in their arms as an adult would hold a human infant (limited to infants under two years of age) of roughly the same size. [Sec. 382.55]

• You must make available a Complaints Resolution Official (CRO) at the airport—in person or by telephone or TTY—to address disability-related complaints that arise during the travel process at all times when your flights are operating at that airport. You must provide a CRO to a passenger even if the passenger does not use the term “Complaints Resolution Official” or “CRO.” When a passenger with a disability uses words such as “supervisor,” “manager,” “boss,” or “disability expert” in connection with resolving a disability-related issue, you must provide a CRO. [Sec. 382.65]

• You must not charge for services that are required by part 382. This means, for example, you must not ask for a tip when providing wheelchair service to a passenger. You may, however, impose a reasonable charge for services
not
required by part 382,
i.e.
, optional services. Examples of such optional services include medical oxygen for use on board an aircraft or stretcher service. [Sec. 382.57]

•
When am I required to provide disability-related accommodations to an individual?
You are required to provide such an accommodation when: (1) an individual with a disability or someone acting on his or her behalf, such as a travel companion, family member, or friend, requests an accommodation required by part 382; or (2) you offer such a required accommodation to a passenger with a disability and he or she accepts such accommodation.

Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

A. Advance Notice.

B. Information about the Aircraft.

C. Mobility Aids and Assistive Devices.

D. Service Animals.

E. Accommodations for Air Travelers who are Deaf, Hard of Hearing, or Deaf-Blind.

F. Communicable Diseases.

G. Medical Certificates: When are They Allowed?

H. Your Obligation to Provide Services and Equipment.

I. Attendants.

A. Advance Notice

You cannot require passengers with disabilities to provide advance notice of their intention to travel or of their disability except as provided below. [Sec. 382.33(a)]

Advance Notice Only for Particular Services and Equipment

You may require up to 48 hours' advance notice and one hour's advance check-in from a passenger with a disability who wishes to receive the following services:

• Transportation for a battery-powered wheelchair on an aircraft with fewer than 60 seats;

• Provision by the carrier of hazardous materials packaging for the battery of a wheelchair or other assistive device;

• Accommodations for 10 or more passengers with disabilities who travel as a group; and

• Provision of an on-board wheelchair on an aircraft that does not have an accessible lavatory for passengers with disabilities who can use an inaccessible lavatory but need an on-board chair to do so. [Secs. 382.33(b)(5)-(8)]

Example:

While making his reservation, a passenger with a disability gave the

reservation agent 48 hours' advance notice that he would need an aisle chair to access the lavatory on his upcoming flight. The flight is on an aircraft with more than 60 seats and it does not have an accessible lavatory. During the call, the passenger is made aware of the fact that the lavatory is inaccessible, but explains that he can use an inaccessible lavatory as long as he has access to a carrier-provided aisle chair. Because the passenger has complied with the advance notice requirement here, normally this information would have been entered into the passenger's reservation record (otherwise known as the passenger name record (PNR)) by the carrier and the request for an aisle chair would have been handled through that notification process. You are a new gate agent for your carrier and when this passenger approaches you at the gate more than an hour before the scheduled departure time of the flight and asks about the aisle chair, you are not sure how to reply. What should you do?

To begin, as a matter of good customer service, you should tell the passenger that you are not sure but you will find out for him. You should ask a colleague and, if necessary, contact a CRO. When you ask your colleague, you are told that all aircraft with more than 60 seats in your carrier's fleet maintain an in-cabin aisle chair. Once you receive this information you should assure the passenger that an aisle chair is available so he can use the inaccessible lavatory on the aircraft.

Advance Notice for Optional Services and Equipment

Although carriers are not required to provide the following services or equipment, if they choose to provide them, you may require 48 hours' advance notice and one hour's advance check-in for:

• Medical oxygen for use on board the aircraft;

• Carriage of an incubator;

• Hook-up for a respirator to the aircraft's electrical power supply; and

• Accommodation for a passenger who must travel on a stretcher. [Secs. 382.33(b)(1)-(4)]

If appropriate advance notice has been given and the requested service is available on that particular flight, you must ensure that the service or equipment is provided.

Make a Reasonable Effort To Accommodate, Even Without Advance Notice

In addition, even if a passenger with a disability does
not
meet the advance notice or check-in requirement, you must make a reasonable effort to furnish the requested service or equipment, provided that making such accommodation would not delay the flight. [Secs. 382.33(c) and (e)]

Example 1:

Mr. Thomas uses a battery-powered wheelchair. He travels frequently between Washington, DC, and New York for business. One day, he finds out that he has an important business meeting in New York and must travel up to New York that afternoon. He has no time to provide advance notice regarding the transportation of his battery-powered wheelchair and arrives at the gate 45 minutes before his flight is scheduled to depart. The aircraft for the flight has fewer than 60 passenger seats. What should you do?

Carriers may require 48 hours' advance notice and one-hour advance check-in for transportation of a battery-powered wheelchair on a flight scheduled to be made on an aircraft with fewer than 60 seats. Carriers may require the same advance notice for provision of hazardous materials packaging for a battery. However, airline personnel are required to make reasonable efforts to accommodate a passenger who fails to provide the requisite notice to the extent it would not delay the flight. Therefore, you must make a reasonable effort to accommodate Mr. Thomas as long as it would not delay the flight.

Mr. Thomas is a frequent traveler on this particular route and he knows that usually it is feasible to load, store, secure, and unload his battery-powered wheelchair and spillable battery in an upright position [Sec. 382.41(g)(2)] or detach, “box”, and store the spillable battery [Sec. 382.41(g)(3)] within about 20-25 minutes. If this is the case, you must accommodate Mr. Thomas, his battery-powered wheelchair, and the spillable battery even though Mr. Thomas did not provide advance notice, since doing so would not delay the flight.

Example 2:

Ms. Webster must travel with medical oxygen and shows up at the airport without providing advance notice of her need for medical oxygen. As a policy, your carrier does not provide medical oxygen on any flights. What should you do?

To begin, you should confirm that your carrier does not provide the optional service of medical oxygen for use on board a flight. If no medical oxygen service is available on your carrier, you should explain this to Ms. Webster and tell her that the carrier cannot accommodate her.

As a matter of customer service, you may direct Ms. Webster to another carrier that does provide medical oxygen service in that market. The passenger should be aware, however, that the provision of medical oxygen involves coordination with the passenger's physician to determine the flow rate and the amount of oxygen needed and arranging for the delivery of the oxygen by the carrier to the point of origin of the passenger's trip. Therefore, normally, it is not possible to accommodate a passenger who needs medical oxygen on a flight unless the advance notice is provided because the accommodation cannot be made without delaying the flight.

If Aircraft Is Substituted, Make an Effort To Accommodate

Even if a passenger with a disability provides advance notice, sometimes weather or mechanical problems require cancellation of the flight altogether or the substitution of another aircraft. Under these circumstances, you must, to the maximum extent feasible, assist in providing the accommodation originally requested by the passenger with a disability. [Sec. 382.33(f)]

B. Information About the Aircraft

You should be familiar with and be able to provide information about aircraft accessibility for passengers with a disability when they request this information. [Secs. 382.21 and 382.45] When feasible, you should provide information pertaining to a specific aircraft to be used for a specific flight. In general, you must take into account safety and feasibility when seating passengers with disabilities. [Secs. 382.37(a) and 382.38(j)]

If requested, you should be able to provide information on the following:

• Any limitations concerning the ability of the aircraft to accommodate an individual with a disability;

• The location of seats, if any, in a row with a movable aisle armrest and any seats which the carrier does not make available to individuals with a disability (
e.g.
, exit rows);

• Any limitation on the availability of storage facilities in the cabin or in the cargo bay for mobility aids or other equipment commonly used by an individual with a disability; and

• Whether the aircraft has a lavatory accessible to passengers with a disability.

C. Mobility Aids and Assistive Devices

If, in assisting a passenger with a disability, a carrier employee or contractor takes apart the passenger's mobility aid or assistive device (
e.g.
, a wheelchair), another carrier employee or contractor must reassemble it and ensure its prompt return to the passenger with a disability in the same condition in which the carrier received it. [Secs. 382.43(a) and (b)] You must permit passengers with a disability to provide written instructions concerning the disassembly and reassembly of their wheelchairs. [Sec. 382.41(h)] You cannot require passengers with disabilities to sign a waiver of liability for damage to or loss of wheelchairs or other assistive devices. [Sec. 382.43(c)] However, you may note preexisting damage to wheelchairs or other assistive devices.

D. Service Animals
1

1

See also
Appendix VI.

A service animal is (i) an animal individually trained and which performs functions to assist a person with a disability; (ii) an animal that has been shown to have the innate ability to

assist a person with a disability,
e.g.
, a seizure alert animal; or (iii) an emotional support animal. You should be aware that there are many different types of service animals that perform a range of tasks for individuals with a disability.

Service Animal Permitted To Accompany Passenger on Flight and at Seat Assignment

You must permit dogs and other service animals used by passengers with a disability to accompany the passengers on their flights. In addition, you must permit a dog or other service animal to accompany a passenger with a disability to the passenger's assigned seat and remain there as long as the animal does not obstruct the aisle or other areas that must remain unobstructed for safety reasons. [Sec. 382.55(a)] The service animal must be allowed to accompany the passenger unless it poses a direct threat to the health or safety of others or presents a significant threat of disruption to the airline service in the cabin.
See also
Appendix VI, DOT Guidance Concerning Service Animals in Air Transportation; FAA Flight Standards Information Bulletin for Air Transportation (FSAT) #04-01A, “Location and Placement of Service Animals on Aircraft Engaged in Public Air Transportation”
http://www.faa.gov/avr/afs/fsat/fsatl.htm.

If Service Animal Cannot Be Accommodated at Assigned Seat

If a service animal cannot be accommodated at the seat of the passenger with a disability and if there is another seat in the same class of service where the passenger and the animal can be accommodated, you must offer the passenger the opportunity to move to the other seat with the service animal. Switching seats in the same class of service must be explored as an alternative before requiring that the service animal travel in the cargo compartment. [Sec. 382.37(c)]

Verification of Service Animals

Under particular circumstances, you may see a need to verify whether an animal accompanying a passenger with a disability qualifies as a service animal under the law. You must accept the following as evidence that the animal is indeed a service animal:

• The credible verbal assurances of a passenger with a disability using the animal,

• The presence of harnesses or markings on harnesses,

• Tags, or

• Identification cards or other written documentation. [Sec. 382.55(a)(1)]

Keep in mind that passengers accompanied by service animals may not have identification or written documentation regarding their service animals.
See also
Appendix VI, DOT Guidance Concerning Service Animals in Air Transportation.

Carriers may require that passengers traveling with
emotional support animals
present current documentation (
i.e.
, dated within a year of the date of travel) from a mental-health professional stating that:

• The passenger has a mental health-related disability;

• The passenger needs the animal for the mental-health condition; and

• The provider of the letter is a licensed mental-health professional (or a medical doctor)
and
the passenger is under the individual's professional care.

Even if you receive sufficient verification that an animal accompanying a passenger is indeed a service animal, if the service animal's behavior in a public setting is inappropriate or disruptive to other passengers or carrier personnel, you may refuse to permit the animal on the flight and offer the passenger alternative accommodations in accordance with part 382 and your carrier's policy (
e.g.
, accept the animal for carriage in the cargo hold).

Example 1:

A passenger arrives at the gate accompanied by a pot-bellied pig. She claims that the pot-bellied pig is her service animal. What should you do?

While generally speaking, you must permit a passenger with a disability to be accompanied by a service animal, if you have a reasonable basis for questioning whether the animal is a service animal, you may ask for some verification. Usually no written verification is required.

You may begin by asking questions about the service animal,
e.g.
, “What tasks or functions does your animal perform for you?” or “What has its training been?” If you are not satisfied with the credibility of the answers to these questions or if the service animal is an emotional support animal, you may request further verification.

You should also call a CRO if there is any further doubt in your mind as to whether the pot-bellied pig is the passenger's service animal.

Finally, if you determine that the pot-bellied pig is a service animal, you must permit the service animal to accompany the passenger to her seat as long as the animal doesn't obstruct the aisle or present any safety issues and the animal is behaving appropriately in a public setting.

Example 2:

A deaf passenger is planning to board the plane with his service animal. The service animal is a hearing dog and is small enough to sit on the deaf passenger's lap. While waiting to board the flight, the hearing dog jumps off the passenger's lap and begins barking and nipping at other passengers in the waiting area. What should you do?

Since you have already made the determination that the hearing dog is a service animal and may accompany the deaf passenger on the flight, you may reconsider the decision if the dog is behaving in a manner that seems disruptive and infringes on the safety of other passengers. You should carefully observe the hearing dog's behavior and explain it in detail to a CRO (if the CRO is on the telephone). If, after careful consideration of all the facts presented, the CRO decides not to treat the dog as a service animal, you should explain your carrier's policy regarding traveling with animals that are not being allowed in the passenger cabin as service animals.

Requests for Seat Assignments by a Passenger Accompanied by a Service Animal

For a disabled passenger traveling with a service animal, you must provide, as the passenger with a disability requests, either a bulkhead seat or a seat other than a bulkhead seat. [Sec. 382.38(a)(3)]

If carriers provide special information concerning the transportation of animals outside the continental United States to any passengers, you must provide such information to all passengers with a disability traveling with a service animal on the flights. [Sec. 382.55(a)(3)]

E. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or Deaf-Blind

If your carrier makes available a telephone reservation and information service to the public, you must make available a text telephone (TTY) to permit individuals who are deaf or hard of hearing to make reservations and obtain information. The TTY must be available during the same hours as the telephone service for the general public and the same wait time and surcharges must apply to the TTY as the telephone service for the general public. [Secs. 382.47(a) and (b)]

F. Communicable Diseases

Passengers With a Communicable Disease Are Permitted on Flight

Except as described below, you must not (i) refuse transportation to; (ii) require provision of a medical certificate from; or (iii) impose any condition, restriction, or requirement not imposed on other passengers on, a passenger with a communicable disease or infection. [Sec. 382.51(a)]

If Direct Threat to Health or Safety of Others, Limitations May Be Imposed

Only if a passenger with a communicable disease or infection poses a
direct threat
to the health or

safety of others, can you take any of the actions listed above. [Sec. 382.51(b)(1)] A
direct threat
means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.

If you are faced with particular circumstances where you are required to make a determination as to whether a passenger with a communicable disease or infection poses a direct threat to the health or safety of others, you must make an individualized assessment based on a reasonable judgment,
relying on current medical knowledge or the best available objective evidence.
If the presentation of a medical certificate would alleviate concerns over the passenger's condition, or reasonable modification of policies, practices, or procedures would lessen the risk to other passengers, then you should consider this in making such an individualized assessment. You should also confer with appropriate medical personnel and a CRO when making this assessment.

If the Passenger Poses a Direct Threat to the Health and Safety of Others

If, in your estimation, a passenger with a communicable disease or infection poses a direct threat to the health or safety of other passengers, you may (i) refuse to provide transportation to that person; (ii) require that person to provide a medical certificate stating that the disease at its current stage would not be transmittable during the normal course of a flight or, if applicable, describing measures that would prevent transmission during the flight [Sec. 382.53(c)]; or (iii) impose on that passenger a special condition or restriction (
e.g.
, wearing a mask). You must
choose the least restrictive
of the three options set forth above that would accomplish the objective. [Sec. 382.51(b)(4)]

At all times, as a matter of good customer service, you should treat the passenger with courtesy and respect.

G. Medical Certificates: When Are They Allowed?

A medical certificate is a written statement from the passenger's physician saying that the passenger is capable of completing the flight safely without requiring extraordinary medical assistance during the flight. Except under the circumstances described below, you must not require medical certification of a passenger with a disability as a condition for providing transportation.

You may require a medical certificate only if the passenger with a disability is an individual who:

• Is traveling on a stretcher or in an incubator (where such service is offered);

• Needs medical oxygen during the flight (where such service is offered); or

• Has a medical condition that causes the carrier to have reasonable doubt that the passenger can complete the flight safely without requiring extraordinary medical assistance during the flight. [Sec. 382.53 (a) and (b)]

Medical Certificate and a Passenger With a Communicable Disease or Infection

In addition, if you determine that a passenger with a communicable disease or infection poses a direct threat to the health or safety risk of others, you may require a medical certificate from the passenger. [Sec. 382.53(c)(1)] The medical certificate must be dated within 10 days of the flight date. [Sec. 382.53(c)(2)]

In the event that you determine the need for a medical certificate, you should indicate to the passenger with a disability the reason for the request. You should base your request on the reasons set forth under the law and outlined above.

At all times, you should treat the passenger from whom you are requesting a medical certificate with courtesy and respect.

Example:

A passenger arrives at the gate with her six year old daughter. The girl's face and arms are covered with red lesions, resembling chicken pox. What should you do?

Generally, you must not refuse travel to, require a medical certificate from, or impose special conditions on a passenger with a communicable disease or infection. However, if a passenger appears to have a communicable disease or infection that poses a direct threat to the health or safety of other passengers, you may be required to make a determination about the best course of action based on the seriousness of the health risk and the ease of disease transmittal. For a communicable disease or infection to pose a direct threat, the condition must both be readily transmitted under conditions of flight and have serious health consequences (
e.g.
, SARS). Medical conditions that are easily transmitted in aircraft cabins but have limited health consequences (
e.g.
, a common cold) as well as conditions that are difficult to transmit in aircraft cabins but have serious health consequences (
e.g.
, AIDS) do not pose a direct threat to the health or safety of passengers.

The first thing you should do is interview the passenger and her mother to obtain basic information about the girl's condition. This exchange should be done discreetly and in a courteous and respectful manner. If you still have a question about the nature of the child's condition that will impact decisions about transportation, you should contact a CRO and explain the situation.

Here, the mother tells you and the CRO that the child has chicken pox but is no longer contagious. The CRO would likely consult with appropriate medical personnel to verify whether the child could be contagious based on the mother's statement.

If there is a reasonable basis for believing that the passenger poses a direct threat to the health or safety of others, you must choose the least restrictive alternative among the following options: (i) Refusing transportation to the individual; (ii) requiring a medical certificate; or (iii) imposing a special condition or limitation on the individual. If the medical support people indicate that there is a chance that the child is no longer contagious but only if a certain number of days have passed since the outbreak of the lesions, you could request a medical certificate before you permit the child to travel.

Having discussed the situation with the passenger and her mother and consulted the CRO and the medical support personnel, the request for a medical certificate appears to be reasonable under the circumstances and the least restrictive of the three options.

Keep in mind that section 382.53(c)(2) specifies that the medical certificate be from the child's physician and state that the child's chicken pox would not be communicable to other passengers on the flight. The medical certificate must also include any conditions or precautions that would have to be observed to prevent the transmission of the chicken pox to other passengers and be dated within ten days of the date of the flight. If the medical certificate is incomplete or if the passenger is attempting to travel before the date specified in the medical certificate or without implementing the conditions outlined to prevent transmission, the child would not be permitted to fly.

H. Your Obligation To Provide Services and Equipment

When assistance getting on or off a plane, making flight connections, or receiving transportation between gates is requested by a passenger with a disability, or offered by carrier personnel and accepted by the passenger, you must provide it. [Sec. 382.39(a)] More specifically, you must provide, as needed, the following:

• Services personnel,

• Ground wheelchairs,

• Boarding wheelchairs,

• Ramps or mechanical lifts. [Sec. 382.39(a)(1)]

Aircraft with more than 60 passenger seats having an accessible lavatory must be equipped with an operable on-board wheelchair. [Sec. 382.21(a)(4)] On-board wheelchairs must be equipped with footrests, armrests which are movable or removable, adequate occupant restraint systems, a backrest height that permits assistance to passengers in transferring,

structurally sound handles for maneuvering the occupied chair, and wheel locks or another adequate means to prevent chair movement during transfer or turbulence. The on-board wheelchair must be designed to be compatible with the maneuvering space, aisle width, and seat height of the aircraft on which it is to be used, and to easily be pushed, pulled, and turned in the cabin environment. [Sec. 382.21(a)(4)(iii)]

You must permit a passenger with a disability to provide written instructions and should accept oral advice from the passenger concerning the disassembly and reassembly of the passenger's wheelchair. [Sec. 382.41(h)] In addition, you should be familiar with how (i) a passenger accesses and uses a particular service or piece of equipment; (ii) the passenger's needs are being met by the service or piece of equipment; and (iii) that service should be provided or how that equipment operates, is disassembled, stored properly, and reassembled. Finally, consistent with good customer service, you should treat the passenger with a disability with courtesy and respect at all times by keeping the passenger informed about any problems or delays in providing personnel or equipment in connection with an accommodation.

Example:

A passenger using a battery-powered wheelchair arrives at the gate and requests that the footrests and joy stick be removed and stowed. He expresses concern because after his last flight, the airline personnel initially misplaced one of the components of the wheelchair when they disassembled it and stored it during the flight. What should you do?

Presuming the aircraft is the type that can accommodate the storage of a battery-powered wheelchair, you are required to stow his wheelchair properly on board and you may, if needed, provide an aisle chair. As a preliminary matter, you should receive training from your carrier on the use of equipment and services for passengers with a disability, including battery-powered wheelchairs. In addition to the formal training, it is worthwhile to review with the passenger how best to meet his needs. For example, you should ask the passenger to review the procedure for disassembling the wheelchair, storing parts during the flight, and reassembling the wheelchair. Once you are clear about the process, you should communicate with the appropriate employees to ensure that they understand the passenger's needs with respect to his battery-powered wheelchair. Your carrier should have a policy and process for ensuring that the battery-powered wheelchair is returned to the passenger at his destination in the same condition in which it was received by the carrier. Problems concerning the reassembly of expensive battery-powered wheelchairs can be minimized by following section 382.41(g)(2), which governs the proper storage of such wheelchairs. See also Chapter 5, Section D.

I. Attendants

Except under limited circumstances, you cannot require a person with a disability to be accompanied by an attendant. [Sec. 382.35(a)]
See
Chapter 4, Section E for a discussion of the requirements for an attendant under the law.

Chapter 4: Assisting Air Travelers With Disabilities at the Airport

A. Accessibility of Terminal Facilities and Services

B. Security Screening for Air Travelers With a Disability

C. Air Travelers With a Disability Changing Planes

D. Accommodations for Air Travelers Who are Deaf, Hard of Hearing, or Deaf-Blind

E. Attendants

A. Accessibility of Terminal Facilities and Services

All terminal facilities and services owned, leased, or operated by a carrier at a commercial service airport, including parking and ground transportation, must comply with the Standards for Accessible Design under the Americans with Disabilities Act. [Sec. 382.23(e)] These terminal facilities and services must be accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. [Sec. 382.23(b)] For example, terminals must provide accessible inter-terminal transportation systems,
e.g.
, shuttle vehicles and people movers. [Sec. 382.23(d)]

As appropriate to your specific responsibilities and duties when dealing with the traveling public and consistent with all carriers' obligation to ensure training to proficiency [Sec. 382.61(a)], you should understand how these services and facilities function as well as their uses by passengers with a disability. You should also know where they are located within or without the terminal.

Carriers must also ensure that there is an accessible path between the gate and the area from which aircraft are boarded. [Sec. 382.23(c)]

Carriers shall not (i) restrict the movements of individuals with disabilities in terminals; (ii) require them to remain in a holding area or other location in order to receive assistance; or (iii) mandate separate treatment for individuals with disabilities except as required or permitted under Part 382. [Sec. 382.55(c)]

B. Security Screening for Air Travelers With a Disability
1

1
In the wake of the events of September 11, 2001, in most cases, TSA has taken over for carriers in the area of providing security screenings of passengers. Should carriers resume this responsibility or in cases where carriers still retain some involvement in the security screening process, this section would be applicable to carriers and contractors of carriers performing this function.

Security Screening for Passenger With a Disability Same as for Other Passengers

You must undertake a security screening of a passenger with a disability in the same manner as any other passenger. You must not subject a passenger with a disability who possesses an aid used for independent travel to a special screening procedure if the passenger and the aid or assistive device clear security without activating the security system. [Sec. 382.49(a)]

Screening Mobility Aid or Assistive Device

The statement of the law set forth above would not, however, prohibit you from examining a mobility aid or assistive device if, in your judgment, it may conceal a weapon or other prohibited item even if the mobility aid or assistive device does not activate the security system.

In the event a passenger's mobility aid or assistive device activates the security system, you must conduct the security search of the passenger with a disability in the same manner as you would for other passengers who activate the system.

If Passenger With a Disability Requests Private Screening

You must not require a private security screening for a passenger with a disability for any reason different from the reasons other passengers would be subject to a private security screening. However, if a passenger with a disability requests a private security screening in a timely manner, you must provide it in time for the passenger to board the flight. [Sec. 382. 49(b)] If, however, you are able to conduct a security screening of a passenger with a disability
without
the need for a physical search of the person, you are
not
required to provide a private screening. [Sec. 382.49(c)]

Finally, under certain circumstances, safety considerations may require you to exercise discretion in making the above decisions. You must always seek assistance from the appropriate designated personnel in making such a decision.

C. Air Travelers With a Disability Changing Planes

As an employee of the delivering carrier, on request, you must provide assistance to a passenger with a disability in making flight connections and providing transportation between gates. [Sec. 382.39(a)] This is the case regardless whether the delivering carrier has an interline agreement with the other carrier. Where needed and to the extent required by law, you must provide services personnel, wheelchairs, and ramps or mechanical lifts. [Sec. 382.39(a)(1)]
Note:
Carriers must not leave a passenger with a disability unattended in a ground wheelchair or other device in which the passenger is not independently mobile for more than 30 minutes. [Sec. 382.39(a)(3)]

Example:

A passenger who developed a progressive onset of weakness in his legs during his flight requests a wheelchair when he deplanes to assist him in making it over to the gate of his connecting flight. What should you do?

Because the delivering carrier has an obligation to provide transportation to a passenger with a disability to the gate of his connecting flight, you must provide timely, accessible ground transportation so he makes it to his connecting flight. In addition, you should keep in mind that once the wheelchair service is provided, you cannot leave the passenger unattended for more than 30 minutes if he is not independently mobile. As a matter of good customer service, you should treat the passenger with courtesy and respect throughout this process.

D. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or Deaf-Blind

Carriers are responsible for ensuring that passengers with disabilities, including those with vision or hearing impairments, receive the same information in a timely manner that the carrier provides to other passengers in the terminal or on the aircraft, including but not limited to, information about ticketing, flight delays, schedule changes, connections, flight check-in, gate assignments and the checking and claiming of luggage. [Sec. 382.45(c)] Passengers with disabilities who are unable to obtain such information from the audio or visual system used by carriers in airports or on aircraft must request such information to be provided in an accessible manner.

TTY

You must make available a TTY to permit individuals who are deaf or hard of hearing to obtain information from carriers.
See also
Chapter 3, Section E. The TTY must be available during the same hours as the telephone service for the general public and the same wait time and surcharges must apply to the TTY as the telephone service for the general public. [Secs. 382.47(a) and (b)] The TTY must also be available if the passenger who is deaf or hard of hearing wishes to contact a CRO. [Sec. 382.65(a)(2)] In addition, you should inform the individual about the DOT Hotline that is accessible by a TTY. You should be familiar with the use of the TTY and its location(s) within the terminal.

In addition, you should be aware of the option of using a relay operator to connect one party who is using a TTY and one party who is using a voice-operated telephone. By dialing 711 on any telephone (TTY or voice operated) you can contact a relay operator who serves as a “go between” between a person using a TTY and a person using a voice-operated telephone.

Example:

A passenger who is deaf complains to you about another employee whom she believes has been rude and humiliated her when she asked for an alternate means of communication because she was unable to hear what was being said to passengers waiting to board the flight. What should you do?

As a matter of good customer service, you should apologize to the passenger for any insensitive behavior on the part of carrier personnel. In general, you should carefully observe and gauge the manner in which this passenger who is deaf communicates. When communicating, try to use the same method,
e.g.
, speaking slowly, communicating in writing or with the assistance of an aid or device, etc. Try to find out what happened and what information she missed by communicating in an accessible manner.

You may also consult with a CRO to see about sign language or other assistive services that might be available for this passenger. If the CRO is made available by telephone and the passenger requests, TTY service must be available for the passenger to communicate directly with the CRO. You should also notify the appropriate flight crew regarding ensuring that the transmittal of information onboard is accessible to this passenger.

E. Attendants

You should know that it is generally not appropriate to require a passenger with a disability to be accompanied by a personal care attendant. [Sec. 382.35(a)] Even if you have concerns about a passenger's ability to access the lavatory or the passenger's need for extensive special assistance which airline personnel are not obligated to provide,
e.g.,
assistance in eating, assistance within the lavatory, or provision of medical services [Sec. 382.39(c)], you must not require the passenger with a disability to travel with a personal care attendant except in the circumstances described below.

Safety Considerations May Necessitate an Attendant

In the interests of safety, however, you may require that a passenger with a disability travel with an attendant as a condition of receiving air transportation if the passenger is:

• Traveling on a stretcher or in an incubator (where such service is offered);

• Mentally disabled and unable to comprehend or respond appropriately to safety instructions;

• Severely impaired with respect to mobility and would be unable
to assist in
the passenger's own evacuation from the aircraft; or

• Deaf and severely impaired with respect to vision such that the passenger could not adequately communicate with airline employees to permit transmission of the safety briefing. [Secs. 382.35(b)(1)-(4)]

If Carrier Contends That Attendant Is Required for Safety Reasons and Passenger Disagrees

If, after careful consultation with a CRO and any other personnel required to be consulted by the carrier, you determine that a passenger with a disability must travel with an attendant for one of the reasons described in Section 382.35(b) (see above), then the carrier may require that the passenger be accompanied by an attendant. If your decision is contrary to the self-assessment of the passenger with a disability, then the carrier must not charge for the transportation of the attendant. [Sec. 382.35(c)] In addition, if no seat is available on the flight for the attendant whom the carrier has determined to be necessary and as a result the passenger with a disability with a confirmed reservation is unable to travel on the flight, the passenger with a disability is eligible for denied boarding compensation. [Sec. 382.35(d)] For purposes of determining whether a seat is available for an attendant, the attendant must be deemed to have checked in at the same time as the passenger with a disability. [Sec. 382.35(e)]

In the event you choose to recruit an attendant to accompany the passenger with a disability, even though carriers are not obligated to do so, you may ask (i) an off-duty airline employee traveling on the same flight to function as the attendant; (ii) a volunteer from among the other customers traveling on the flight and offer a free ticket for their assistance; or (iii) the passenger with a disability to choose an attendant and offer a free ticket.

If the attendant is accompanying a passenger traveling on a stretcher or in

an incubator, the attendant must be capable of attending to the passenger's in-flight medical needs. [Sec. 382.35(b)(1)] Otherwise, the purpose of the attendant is to assist the passenger with a disability in an emergency evacuation. Other than the situation set forth above when an attendant is accompanying a passenger who is on a stretcher or in an incubator, the attendant is not obligated to provide personal services to the passenger with a disability such as assistance with eating or accessing the lavatory.

Example:

A passenger with quadriplegia traveling alone approaches the check-in counter. You have concerns as to whether the passenger's mobility impairment is so severe that he would be unable to assist in his own evacuation from the aircraft. What should you do?

You should begin by communicating with the passenger to determine the extent of his mobility impairment. As a matter of good customer service, you should treat the passenger with courtesy and respect at all times. Under the circumstances, you should contact a CRO to discuss the situation and determine whether the passenger must be accompanied by an attendant. You and the CRO could begin by asking the passenger about his mobility impairment and whether he would be able to assist with his own evacuation in the event of an emergency. More specifically, you should determine whether the passenger has the functional ability to make any progress toward an exit during an evacuation. If the passenger tells you that his ability to assist in his evacuation is limited to shouting “Help!”, you and the CRO should explain to him that the issue is whether he can physically assist in his own evacuation. If not, he must travel with an attendant.

If, after speaking with the passenger, you and the CRO determine that he must be accompanied by an attendant because of his severe mobility impairment, you should explain this requirement to the passenger. Next, you should explain that he can choose someone to serve as his attendant or you can assist him by recruiting an off-duty employee or another passenger on the flight to serve as his attendant. You must not charge for the transportation of the attendant. You should also explain that the purpose of the attendant is to assist in the case of an emergency evacuation.

Chapter 5: Assisting Air Travelers With Disabilities Boarding, Deplaning, and During the Flight

A. Aircraft Accessibility

B. Seating Assignments and Accommodations

C. Boarding and Deplaning Assistance

D. Stowing and Treatment of Personal Equipment

E. Services in the Cabin

F. Safety Briefings

A. Aircraft Accessibility

In order to assist passengers with a disability, it is important for you to have some understanding of how aircraft have been made accessible to accommodate those passengers. The following features are required for aircraft
ordered by
the carrier after April 5, 1990, or
delivered to
the carrier after April 5, 1992. In addition, different size airplanes must be equipped with different features according to the law. For example:

• Aircraft with 30 or more passenger seats must have movable aisle armrests on at least half of the aisle seats where it is feasible and it does not interfere with safety. [Secs. 382.21(a)(i) and (ii)] (Movable armrests are not feasible where tray tables and video entertainment systems are installed.);

• Aircraft with 100 or more passenger seats must have priority storage space within the cabin to stow at least one passenger's folding wheelchair [Sec. 382.21(a)(2)] and DOT has interpreted that to mean a space at least 13 inches wide, 36 inches high, and 42 inches long;

• Aircraft with more than one aisle in which lavatories are provided must include at least one lavatory accessible to passengers with a disability accessing the lavatory with an on-board wheelchair [Sec. 382.21(a)(3)];

• Aircraft with more than 60 passenger seats having an accessible lavatory must be equipped with an on-board wheelchair [Sec. 382.21(a)(4)(i)]; and

• Aircraft with more than 60 passenger seats having an inaccessible lavatory must be equipped with an on-board wheelchair when a passenger with a disability informs the carrier (providing advance notice under Sec. 382.33(b)(8)) that the passenger can use an inaccessible lavatory but cannot reach the lavatory from a seat without the use of an on-board wheelchair. [Sec. 382.21(a)(4)(ii)]

Aircraft in service on April 5, 1990, are not required to be retrofitted for the sole purpose of enhancing accessibility. [Sec. 382.21(b)(1)] However, with respect to all aircraft with more than 60 passenger seats operated under 14 CFR part 121, regardless of the age of the aircraft, carriers must provide on-board wheelchairs if (i) the aircraft has an accessible lavatory; or (ii) a passenger with a disability gives up to 48 hours' notice that the passenger can use an inaccessible lavatory. [Sec. 382.21(b)(2)] Whenever an aircraft operating under 14 CFR part 121 which does not have the accessibility features set forth above undergoes replacement of (i) cabin interior elements or lavatories, or (ii) existing seats with newly-manufactured seats (
i.e.
, previously unused), the carrier must comply with the accessibility features set forth above with respect to the feature being replaced. [Sec. 382.21(c)]

Where Part 382 requires a particular aircraft to have an on-board wheelchair and a stowage space within the cabin for at least one passenger's folding wheelchair, that aircraft must have stowage spaces for
both
of these chairs and must accommodate
both
of these chairs as required by law. [Secs. 382.21(a)(4)(i) and 382.21(a)(2)]

Any replacement or refurbishing of the aircraft cabin must not reduce existing accessibility to a level below that specified under the law. [Sec. 382.21(e)] Carriers must maintain aircraft accessibility features in proper working order. [Sec. 382.21(f)]

B. Seating Assignments and Accommodations

Only Safety Affects Seat Assignments

You must not exclude a passenger with a disability from any seat in an exit row or other location or require a passenger with a disability to sit in a particular seat based on the passenger's disability, except to comply with FAA safety requirements. [Sec. 382.37(a)] If a passenger's disability results in involuntary behavior that would result in refusal of transportation under section 382.31 and the safety problem could be addressed by seating the passenger in a particular location, you must offer the passenger that particular seat location as an alternative to refusing transportation. [Sec. 382.37(b)]

Example:

A passenger with Tourette's syndrome—a neurological disability that manifests itself by episodes of shaking, muscle tics, and/or spasms and uncontrolled shouting, barking, screaming, cursing, and/or abusive language—approaches the check-in desk, self-identifies as a passenger with a disability, and presents brochures explaining the disability to the agent. What should you do?

As long as safety is not an issue, you cannot restrict this passenger from any particular seat, including an exit row. If this passenger's disability causes him to physically touch other passengers or flight crew involuntarily, safety considerations could require that he be seated in his own row, if available, as an alternative to being refused transportation. However, if the physical and/or verbal manifestations of this passenger's Tourette's syndrome are such that the safety of others would be jeopardized,
e.g.
, if the passenger with Tourette's syndrome involuntarily touches or strikes other passengers or flight crew, it might create a safety concern. Therefore, refusing transportation could be appropriate.

Otherwise, although the passenger's conduct may create an uncomfortable experience for other passengers, if his involuntary behavior only amounts to an annoyance and not a safety concern, you

must not restrict the passenger with Tourette's syndrome from any seating assignment.

Four Specific Situations in Which a Seating Accommodation Must Be Provided

If a passenger self-identifies as an individual with a disability, there are four specific situations where you must provide a particular seating accommodation, if requested. The four situations are as follows:

• If the passenger uses an aisle chair to access the aircraft and cannot readily transfer over a fixed aisle armrest, you must provide a seat in a row with a movable armrest if one exists [Sec. 382.38(a)(1)];

• If the passenger (i) is a passenger who is traveling with an attendant who will be performing functions during the flight that airline personnel are not required to perform,
e.g.
, assistance with eating [Sec. 382.38(a)(2)(i)]; (ii) is a passenger with a visual impairment who is traveling with a reader/assistant who will be performing functions for the passenger during the flight [Sec. 382.38(a)(2)(ii)]; or (iii) is a passenger who is deaf, hard of hearing, or deaf-blind who is traveling with an interpreter who will be performing functions for the passenger during the flight, you must provide a seat for the care attendant next to the passenger with a disability [Sec. 382.38(a)(2)(iii)];

• If the passenger is accompanied by a service animal, you must provide a bulkhead seat if one exists or a seat other than a bulkhead seat, depending on the passenger's request [Sec. 382.38(a)(3)]; or

• If the passenger has a fused or immobilized leg, you must provide a bulkhead seat if one exists or other seat with more legroom than other seats on the side of the aisle that best accommodates the passenger. [Sec. 382.38(a)(4)]

Regardless of which type of system a carrier uses for handling its seat assignments, you must provide the required seating accommodation in the four specific situations described above, if requested. The type of seat assignment system will determine how a carrier fulfills its obligation to provide these seating assignments. You should be aware of your carrier's method for managing seat assignments and be able to explain it to passengers with disabilities and the general passenger population depending on the circumstances.

Advance Seat Assignments

Carriers providing advance seat assignments may employ either the seat “blocking” method or the “priority” seating method.

Seat “Blocking” Method

Carriers may “block” an adequate number of seats to provide the seating accommodations discussed above. If carriers employ this “block” method, they must not assign these “blocked” seats to passengers other than the types of passengers entitled to a seating accommodation discussed above until 24 hours before the scheduled departure of the flight. At any time up to 24 hours before the flight, carriers using the “block” system must assign a “blocked” seat to any passenger in need of a particular seating accommodation outlined in the four situations above.

If a passenger with a disability meeting the above requirements does not make a request for a seating accommodation at least 24 hours before the scheduled departure of the flight, a carrier using the “block” system must provide the requested seating accommodation to the extent practicable, but is not required to reassign a seat assigned to another passenger in order to do so. [Secs. 382.38(b)(1)(i), (ii), and (iii)]

Example:

A passenger with a service animal calls you, a reservation agent, several days before the scheduled departure of her flight and requests a bulkhead seat. What should you do?

The aircraft has four bulkhead seats, two of which are “blocked” under your carrier's reservation system for passengers traveling with a service animal or passengers with an immobilized leg. Since the passenger has requested the seating accommodation more than 24 hours in advance of the scheduled departure of the flight, you must assign one of the “blocked” bulkhead seats to this passenger with the service animal.

If, on the other hand, the passenger with the service animal requests the bulkhead seat within 24 hours of the scheduled departure of her flight, you must provide the bulkhead seat to her and her service animal to the extent practicable, but you are not required to reassign a seat already assigned to another passenger in order to do so.

“Priority” Seating Method

Carriers may designate an adequate number of “priority” seats for passengers with a disability who meet the above requirements and who request a seating accommodation. In this case, the carrier must provide notice to any passenger assigned to a “priority” seat (other than passengers with a disability entitled to a seating accommodation in one of the four situations discussed above) that they are subject to being reassigned to another seat if necessary to provide a seating accommodation required under the law. The carrier may provide this notice through its computer reservation system, verbal information provided by reservations personnel, counter signs, seat cards or notices, frequent-flyer literature, or other appropriate means. [Sec. 382.38(b)(2)(i)] The carrier must provide a “priority” seat to a passenger with a disability entitled to such accommodation if the passenger requests the accommodation and checks in at least one hour before the scheduled departure of the flight. If all of the designated “priority” seats have been assigned to other passengers who do not have disabilities, the carrier must reassign the seats of the other passengers to accommodate the passenger with a disability entitled to a seating accommodation as discussed above. [Sec. 382.38(b)(2)(ii)]

If a passenger with a disability does not check in at least one hour before the scheduled departure of the flight, a carrier using the “priority” seating system must provide the requested seating accommodation, to the extent practicable, but is not required to reassign a seat assigned to another passenger in order to do so. [Sec. 382.38(b)(2)(iii)]

Example:

A passenger with an immobilized leg requests a bulkhead seat and checks in two hours before the scheduled departure of the flight. Your carrier employs the “priority” seating method and has designated all four bulkhead seats on the aircraft as “priority” seating. Three of the bulkhead seats have already been assigned to three passengers traveling with small service animals who have requested the seating accommodations and checked in at least an hour before the scheduled departure of the flight. The fourth “priority” bulkhead seat has been assigned to a passenger who also checked in two hours before the flight and uses an aisle chair to enplane who prefers the bulkhead seat to a seat in a row with a movable armrest. What should you do?

The passenger who uses the aisle chair to enplane should have received notice that she has been assigned a “priority” seat. Because she is not a passenger with an immobilized leg or a passenger traveling with a service animal, she is not automatically entitled to a “priority” bulkhead seat. (However, she would be entitled to a “priority” seat in a row with a movable armrest if she requested one and checked in at least an hour before the scheduled departure of the flight.) The passenger using the aisle chair to enplane should have been notified that you might have to reassign her seat if a passenger with a service animal or a passenger with an immobilized leg requests a “priority” bulkhead seating accommodation and checks in at least one hour before the scheduled departure of the flight. Accordingly, the passenger using the aisle chair would be reassigned to a seat in a row with a movable armrest and the passenger with the immobilized leg would be assigned to the fourth “priority” bulkhead seat.

Seating Accommodations for Passengers With a Disability Other Than One of the Four Types Listed Above

Passengers with a disability—other than the types of passengers with a disability entitled to a seating accommodation in one of the four specific situations discussed above—may identify themselves as passengers with a disability and request a seating accommodation. [Sec. 382.38(c)]

In this case, a carrier employing the “block” method is
not
required to offer one of the “blocked” seats when the passenger with a disability makes a reservation more than 24 hours before the scheduled departure time of the flight. However, the carrier must assign the passenger with a disability any seat not already assigned to another passenger that accommodates the passenger's needs, even if that seat is not available for assignment to the general passenger population at the time of the request. [Secs. 382.38(c)(1)(i) and (ii)]

Example:

A passenger with arthritis in his spine making his back extremely stiff calls a week before his flight and asks you, the reservation agent, for a bulkhead seat. He explains that i

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A05-13947. Public record. Not legal advice.