# Nondiscrimination on the Basis of Disability in Air Travel > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A05-7544 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** April 20, 2005 - **Citation:** 70 FR 20640 ## Text DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 382 [Docket No. OST-2005-20952] Nondiscrimination on the Basis of Disability in Air Travel AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Request for Comments; Draft Technical Assistance Manual. SUMMARY: On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) required DOT to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. Several years after the enactment of AIR-21, DOT received funding to develop the Technical Assistance Manual (TAM). This TAM responds to a Congressional mandate and incorporates input from stakeholders. The TAM is being published in the Federal Register to insure a full opportunity for public comment before the document is published in final form. DATES: Comments must be received on or before 30 days from the date of publication in the Federal Register . The Department will consider late-filed comments only to the extent practicable. ADDRESSES: Please include the docket number of this document in all comments submitted to the docket. Written comments should be sent to Docket Clerk, Department of Transportation, 400 7th Street, SW., Room PL-401, Washington, DC 20590. For confirmation of the receipt of written comments, commenters may include a stamped, self-addressed postcard. The Docket Clerk will date-stamp the postcard and mail it back to the commenter. Comments will be available for inspection at this address from 10 a.m. to 5:30 p.m., Monday through Friday. Comments can also be reviewed through the Dockets Management System (DMS) pages of the Department's Web site (http://dms.dot.gov). Commenters may also submit comments electronically. Instructions appear on the DMS Web site. FOR FURTHER INFORMATION CONTACT: Mike Spollen or Omar Guerrero, Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, 400 7th Street, SW., Room 4116, Washington, DC 20590. Phone: (202) 366-9349; TTY: 1-800-455-9880; Fax: (202) 366-7152. E-mail: mike.spollen@dot.gov or omar.guerrero@dot.gov. SUPPLEMENTARY INFORMATION: Background On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) amended the Air Carrier Access Act (ACAA) and 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 ACAA and 14 CFR part 382 (Part 382). See 49 U.S.C. 41705(c). Responding to this legislative mandate, in September 2003, DOT awarded a contract to the Key Bridge Foundation (KBF) to create a TAM and model training program (MTP) relating to air travel by passengers with disabilities. In addition, AIR-21 extended the ACAA to cover foreign air carriers. Although a final rule modifying Part 382 to cover foreign air carriers has not yet been issued, a notice of proposed rulemaking (NPRM) proposing to extend the provisions of Part 382 to foreign carriers, among other revisions to Part 382, was published on November 4, 2004. 69 FR 64364. The public comment period on the NPRM closed on March 4, 2005. 70 FR 4058. The NPRM proposing to modify Part 382 to cover foreign air carriers is a separate rulemaking and completely distinct from the publication of this TAM. If the NPRM proposals are adopted, however, it will necessitate significant revisions to the TAM, which is based on the current rule. In addition to the NPRM revising Part 382 and extending it to cover foreign air carriers, the Department is also currently working on two separate NPRMs which address possible additional accommodations for: (1) Passengers who are deaf, hard of hearing and deaf-blind; and (2) passengers who require inflight medical oxygen. Any final rules resulting from these two NPRMs will also necessitate changes to the TAM. Purpose of the Technical Assistance Manual The TAM is designed to serve as an 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. The primary purpose of the manual is to provide guidance to air carriers' employees and contractors who provide services, facilities, and accommodations to passengers with disabilities. The manual should give air carriers a better understanding of their responsibilities under the law and a greater awareness about the perspective of an air traveler with a disability, particularly through Chapter 7 titled “Interacting with People with Disabilities”. This manual is also designed to provide air travelers with disabilities useful information about their rights under the ACAA and Part 382. Development of the Technical Assistance Manual In connection with the development of the TAM, DOT and KBF consulted and held meetings with representatives from the disability community, air carriers, and contractors providing disability-related services to air carriers. Prior to this publication of the TAM in the Federal Register , a preliminary draft was shared with these stakeholders for their initial review and comment. In early November 2004, KBF posted a draft of the TAM on its Web page at http://www.airtravelrights.info and solicited written comments on the draft from a wide range of stakeholders. Those written comments have been thoroughly considered by DOT and incorporated where appropriate. The TAM is a guidance document which contains an overview of part 382 and provides examples of how the law applies to different factual scenarios. The manual follows the chronological path of an air traveler with a disability from making a reservation through the completion of the trip. The manual also addresses the complaint resolution process, should an air traveler with a disability decide to make a disability-related complaint. In addition, the TAM contains a separate chapter on sensitivity and awareness issues when interacting with people with disabilities. This final chapter of the TAM contains general tips and also tips for communicating and interacting with individuals with specific types of disabilities. 1 Finally, the TAM contains six appendices providing additional information and, in some cases, resources for specific audiences. Organizing the information in this sequential manner makes it easier for employees and contractors of air carriers—as well as air travelers with disabilities—to find the information most relevant and useful to them. 1 When the TAM is published in its final form, it will contain an Alphabetical Index and a part 382 Index as well as specific page numbers for the various subject areas listed in the Table of Contents. However, because the pagination of the TAM is not yet final, the Table of Contents simply lists the topics covered in the TAM and the indices are not included in this publication of the document. Discussion of Stakeholders' Comments DOT received comments from a broad range of stakeholders such as air carriers, industry-related associations, and disability community organizations. Specifically, DOT received comments from (i) one group made up of four trade associations for air carriers (Air Transport Association of America (ATA), Regional Airline Association (RAA), National Air Carrier Association (NACA), and Air Carrier Association of America (ACA)); (ii) five air carriers (JetBlue Airways, MN Airlines, LLC d/b/a Sun Country Airlines, Continental Airlines, SkyWest Airlines, and Delta Air Lines); (iii) six disability community organizations (Association of Blind Citizens, Paralyzed Veterans of America, Self Help for Hard of Hearing People, National Association of the Deaf, United Spinal Association, and International Association of Assistance Dog Partners); (iv) two members of the public; and (v) the Access Board. DOT read and considered each comment fully. Indeed, DOT has accommodated almost all of the stakeholders' comments. Below is a summary of the comments DOT received on the overall document and the reasons that DOT decided to accommodate or not to accommodate those comments. 1. General Comments DOT received general comments on the TAM conveying: (i) An overall positive impression of the TAM with requests for additional and different examples; (ii) some confusion about the difference between the NPRM on foreign air carriers issued in November 2004 and this TAM; (iii) questions about the organization of the information in the TAM and concern that there may be some redundancy; and (iv) a recommendation for standard training in connection with the TAM. Most of the commenters seemed to find the document to be of high-quality and the issues to be thoroughly presented. In particular, a number of stakeholders remarked on the usefulness of the examples throughout the TAM where specific provisions of part 382 are applied to factual scenarios, the frequently asked questions and answers section of the TAM as well as the sensitivity and awareness components of the TAM. With respect to the examples, a few stakeholders suggested additional examples and sought a change to the facts contained in certain existing examples. Several stakeholders noted some redundancy within the TAM, i.e. , certain subjects are addressed in more than one section of the manual. Moreover, one disability community organization representative suggested addressing this issue by coding certain sections of the TAM to reflect which type of carrier personnel should be knowledgeable about a particular section. Many stakeholders sought some modification of the provisions of part 382 itself. Moreover, the air carrier associations and several carriers expressed concern that publication of the TAM at this time would be premature and suggested delaying its publication pending the conclusion of the NPRM proposing to extend coverage of part 382 to foreign carriers. They also sought assurances from DOT that the TAM would not expand air carriers' legal obligations under part 382, the TAM's use would not be mandatory, and DOT would not pursue enforcement action against any carrier determined to be out of compliance with part 382 in connection with its cooperation in the development of the TAM. Finally, two commenters expressed the need for a standard, basic training session for part 382 to be used by all air carriers. DOT Response: Generally, DOT does not believe that it would be advantageous to add new examples or change the facts contained in the existing examples as each example addresses a specific issue that DOT's Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office), the office responsible for ensuring that the regulated airlines comply with the ACAA and part 382, has determined to be a priority. Also, the examples, as written, are straightforward and brief. DOT does recognize that the TAM does not cover all circumstances that occur with air travelers with disabilities. However, rather than adding new examples, DOT has incorporated additional frequently asked questions and answers in Appendix III. With regard to comments concerning redundancy in the TAM, DOT recognizes that following the path of a trip requires raising a particular topic more than once, e.g. , service animals come up in the advance notice section as well as later in the section about seating assignments and accommodations. The same subject may appear in different sections, but each subject is discussed in the context of the particular stage of the trip. Each section of the TAM is designed to “stand alone” ( e.g. , a carrier employee may only need to read the sections covering his or her specific job functions) and contains cross references to other sections, when necessary. Finally, DOT notes that it decided not to use a coding system approach and opted for the present chronological layout because it permits the reader easy access to relevant sections and subject areas upon which he or she may specifically wish to focus. The Alphabetical Index and part 382 Index should also be helpful to the reader. DOT appreciates the reason that various stakeholders recommended that the publication of the TAM be delayed until the rulemaking regarding part 382 has 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 rulemaking regarding part 382 will not be finalized until 2006. Therefore, DOT opts not to delay completion of the TAM. The TAM will be revised, as needed, after the rulemaking is completed. With respect to concerns expressed by stakeholders about situations where DOT becomes aware that a carrier is not in compliance with the ACAA and part 382 through its cooperation in the development of the TAM, DOT restates the position set forth in a December 16, 2003, letter to ATA, RAA, NACA, and ACA that it will consider enforcement action, “only if a carrier, after being given notice and a chance to comply, does not come into compliance with the ACAA and part 382.” For those stakeholders recommending a standard training course in connection with the TAM, DOT is pleased to announce that it is currently working with KBF to develop a model training program (MTP) using the TAM as a training tool and promoting it as a resource on the job for employees and contractors of air carriers. The MTP will integrate “best practices” from part 382 training models currently used by air carriers. In addition, the MTP will incorporate techniques to supplement air carriers' part 382 training models. The MTP will also use the TAM as a framework, including the appendices, and emphasize the value of the manual as a practical guide for both employees and contractors of air carriers as well as for air travelers with disabilities. 2. Chapter 1: Understanding How To Use This Manual Several commenters suggested revising the definition of “assistive device.” For example, one carrier sought a “reasonableness” standard, especially where limited storage space is available for assistive devices. One disability organization suggested adding examples of devices to the definition of assistive device. Another carrier sought to streamline the definition of “service animal” to conform to the explanation of service animals later in the TAM. This carrier also suggested adding a definition for “emotional support animal.” DOT Response: Although DOT has clarified the definition of an assistive device, it handles inquiries about what type of device or equipment constitutes an assistive device on a case-by-case basis. Any piece of equipment that assists a passenger with a disability in carrying out a major life activity qualifies as an assistive device. DOT does explain in the TAM that an assistive device may include medical devices, medications, and bags or cases used to carry them. DOT has also streamlined the language regarding service animals in the TAM to ensure that the definition of a service animal as used throughout the TAM is consistent with the definition of a service animal provided in Appendix VI titled “DOT Guidance Concerning Service Animals in Air Transportation” published on May 9, 2003. It is important to keep in mind that, while the TAM is the appropriate vehicle under which to clarify or explain existing definitions, it would not be appropriate for DOT to change an existing definition set forth in part 382 through the TAM. Revisions to existing definitions can only be done through a rulemaking process such as the NPRM proposing to extend part 382 to foreign carriers. 3. Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities Several commenters sought to add or modify specific language, e.g. , removal of the phrase “or disease” from the discussion of “substantial limitation,” the substitution of the term “psychiatric illness” for “mental illness,” and what constitutes “timely” enplaning and deplaning assistance. In addition, several carriers expressed concern that the TAM implies that carriers are required to accommodate more than one wheelchair in the cabin of the aircraft. One carrier also expressed concern that the statement about allowing a service animal to sit in close proximity to its user, as written, could be interpreted to mean that the service animal can sit anywhere close to its user. This carrier indicated that the passenger should be aware that the service animal must “sit” and not “stand” during the flight. DOT Response: DOT respectfully declines to modify the cited phrases and refers commenters to the preamble of the originally issued part 382 regulation dated March 6, 1990, for a detailed discussion on a number of issues and clarification of certain definitions. 55 FR 8027. In addition, such definitional or language modifications would be more appropriate for consideration in a rulemaking process. DOT has modified the language in the TAM regarding stowage of passengers' wheelchairs in the cabin of the aircraft because part 382 may require that more than one passenger's wheelchair be stowed in the cabin. Specifically, § 382.21(a)(2) requires that aircraft of a certain size and age have a space to stow at least one passenger's folding wheelchair in the cabin. In addition, § 382.41(e)(1) requires carriers to permit passengers to stow wheelchairs or parts of wheelchairs in the overhead bin or under seats, consistent with FAA safety regulations. Finally, § 382.41(e)(2) provides that if a closet or other approved stowage area is provided in the cabin for carry-on items and if that space would accommodate a wheelchair, then the carrier must designate priority stowage space for at least one passenger's folding wheelchair. Therefore, when these sections are read together, a carrier could be required to accommodate more than one wheelchair in the cabin. With respect to the seating of a passenger accompanied by a service animal, DOT disagrees with the commenter and interprets the regulation to permit service animals to occupy space within close proximity of the passenger. Moreover, DOT disagrees that there is an outright prohibition on service animals standing. Whether a service animal must sit depends on the size of the service animal and where it is located. DOT refers the commenter to Appendix VI titled “DOT Guidance Concerning Service Animals in Air Transportation” and the FAA Flight Standards Information Bulletin for Air Transportation titled “Location and Placement of Service Animals on Aircraft Engaged in Public Air Transportation.” FAA FSAT #04-01A. 4. Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip One disability organization requested that the word “required” rather than “allowed” be used by DOT when addressing situations where carriers may ask passengers for medical certificates ( i.e. , when are medical certificates required rather than when are medical certificates allowed). Moreover, this disability organization suggested changing the example to indicate that a CRO “should” consult with medical personnel rather than stating that the CRO “would likely” consult with medical personnel to make the determination as to whether a medical certificate would be required of the passenger. One carrier suggested adding information about battery types and requirements under 49 CFR 173.159(d) and other applicable FAA safety regulations when discussing mobility aids and assistive devices. Additionally, this carrier suggested adding language stating that a service animal is not permitted to occupy an empty passenger seat, that service animals should remain in their owners' immediate control, that service animals should not be permitted to eat or drink from a passenger's tray table, and that owners should carry a leash for their service animals. DOT Response: DOT views the word “allowed” as appropriate when referring to situations where carriers may ask passengers for medical certificates since carriers are not required to ask passengers for medical certificates but are allowed to do so under certain circumstances ( e.g. , passenger needs medical oxygen during the flight). In addition, in the example provided, DOT believes it would be appropriate to keep the wording as is and have the example in the TAM state that a CRO “would likely” consult with medical personnel to make the determination as to whether a medical certificate would be required of the passenger. By doing so, it allows carriers greater discretion and avoids a one-size-fits-all approach in determining when medical advice is necessary. With regard to the request to add information about FAA safety regulations when discussing mobility aids in this chapter, DOT declines to do so because a detailed discussion on battery-powered wheelchairs has been provided in a subsequent chapter of the TAM. With respect to the comments about service animals, DOT refers the commenter to Appendix VI titled “DOT Guidance Concerning Service Animals in Air Transportation” published in May 2003. 5. Chapter 4: Assisting Air Travelers With Disabilities at the Airport One carrier sought clarification as to whether a passenger who has already paid for the flight and volunteers to serve as an attendant receives a refund from the carrier for serving as the attendant. In addition, a disability organization suggested identifying the specific areas within the terminal ( e.g. , ticket counters and baggage claims) that are covered by the Standards for Accessible Design under the Americans with Disabilities Act (ADA) and those areas that are not, but are covered under Title III of the ADA ( e.g. , shops and restaurants). With regard to making flight connections, this disability organization also suggested that passengers should be permitted to use their own wheelchairs or assistive devices when making connections as long as it would not delay the connecting flight. The concern seemed to be that “automatic” use of a ground wheelchair limits the independence of the passenger and the ability of the passenger to access a restroom in the terminal when making flight connections. DOT Response: In situations where the carrier determines that it is necessary for a passenger with a disability to travel with an attendant, contrary to that passenger's self-assessment that he or she is capable of traveling independently, the carrier could find a carrier employee available to serve as an attendant or ask for volunteers among the passengers already ticketed. DOT interprets § 382.35(c) as requiring a carrier to provide a passenger (already ticketed for travel on the flight) who volunteers to serve as an attendant a refund for the price of his or her ticket so long as the volunteer is serving as an attendant for a person whom the airline determines must travel with an attendant despite that person's self-assessment. As for the request that DOT list all of the areas within the terminal that are covered by the ADA, DOT declines to do so because such a list would be too limiting since 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 ADA. DOT has incorporated the suggestion that it include language in the TAM stating that with regard to making flight connections, passengers should be permitted to use their own wheelchairs or assistive devices to the extent practicable. Section 382.41(f) requires carriers to provide for the timely return of passengers' wheelchairs and other assistive devices as close as possible to the door of the aircraft so that passengers may use their own equipment to the extent practicable. 6. Chapter 5: Assisting Air Travelers With Disabilities Boarding, Deplaning, and During the Flight One carrier asked whether individuals with prosthetic devices are qualified to occupy the aircraft emergency exit row seating. A disability organization appears to seek a revision to the law by asking about the feasibility of moveable armrests where tray tables and video entertainment systems are installed, suggesting a requirement that allows the bulkhead seats not used by a passenger accompanied by a service animal or a passenger with a fused or immobilized leg to be reserved for use by other passengers with disabilities, and recommending that the requirement that carriers train employees “to proficiency” be defined further to render it a meaningful standard. DOT Response: With regard to the question as to whether individuals with prosthetic devices are qualified to occupy the aircraft emergency exit row seating, the FAA exit row seating requirements in 14 CFR 121.585 explain, among other things, that a carrier may not seat a person in an exit row seat if the person lacks sufficient mobility, strength, or dexterity in both arms and hands, and both legs to perform a number of tasks such as pushing, shoving, pulling or otherwise opening emergency exits. DOT would advise the commenter to review the FAA exit row seating requirements and ask for clarification if needed from the FAA about the type of individuals that may not qualify to occupy the aircraft emergency exit row seat. The FAA, as the entity within DOT that is responsible for issuing rules pertaining to aviation safety, has the authority to interpret 14 CFR 121.585. In instances where DOT's Enforcement Office receives a complaint of discrimination against a carrier for not allowing a passenger with a disability to sit on an exit row seat, the office generally reviews the FAA exit row seating requirements, confers with the FAA as needed, and makes a determination on a case-by-case basis as to whether the carrier violated the ACAA and Part 382 by denying a passenger with a disability the opportunity to sit in an exit row seat. DOT has not adopted any of the comments seeking revisions to various sections of Part 382 as the TAM is a guidance document and is not the appropriate vehicle under which to change, expand, or reduce air carriers' legal obligations under Part 382. 7. Chapter 7: Interacting With People With Disabilities Two disability organizations expressed concern about incidents in which “meet and greet” staff have left passengers with disabilities unattended, particularly deaf-blind passengers. The comments appear to seek further clarification of the connecting assistance requirement under Part 382. DOT Response: DOT has added language in the TAM to explain that § 382.39(a)(3) states that carriers must not leave a passenger with a disability unattended in a ground wheelchair, boarding wheelchair, or other device in which the passenger is not independently mobile for more than 30 minutes. See Chapter 4, Section C. In addition, to encourage carriers to provide appropriate guidance to deaf-blind passengers, DOT has added language to Chapter 7 addressing this issue. Otherwise, presently, Part 382 contains no requirement that carriers not leave passengers with disabilities unattended when providing connecting assistance, including deaf-blind passengers. Accordingly, it would not be appropriate for DOT to expand Part 382 to require carriers not to leave deaf-blind passengers unattended through the TAM because the TAM is a guidance document and is not the appropriate vehicle under which to change, expand, or reduce air carriers' legal obligations under Part 382. 8. Appendix III: Frequently Asked Questions Several disability organizations suggested additional topics for frequently asked questions. For example, one disability organization requested that a carrier's responsibility to passengers with disabilities traveling in a group be better defined. For example, it posed the scenario in which some passengers with disabilities traveling in a group are forced to travel on a different flight because the aircraft they were intending to fly on could not accommodate all of the assistive devices of the entire group. DOT Response: DOT appreciates the suggestions for additional frequently asked questions and has considered each suggested question. Although DOT has increased the number of frequently asked questions in the TAM based on comments received, it believes that adding all of them would not assist in further clarifying the information in the TAM. With respect to the comment about the group of air travelers with disabilities traveling together, DOT refers the commenter to § 382.33(b)(7) which explains that a carrier may require up to 48 hours advance notice when a group of ten or more qualified individuals with disabilities make reservations and travel as a group to provide the carrier sufficient time to make the required accommodations. This requirement is also addressed in Chapter 3 of the TAM. Issued this 7th day of April, 2005, in Washington, DC. Samuel Podberesky, Assistant General Counsel for Aviation Enforcement and Proceedings, U.S. Department of Transportation. What Airline Employees, Airline Contractors, and Air Travelers With Disabilities Need To Know About Access to Air Travel for Persons With Disabilities A Guide to 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 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, website 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 contractor 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 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 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 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 though. 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 request, 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. 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 depar [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A05-7544. Public record. Not legal advice.