Accessible Air Travel - A Guide for People with Disabilities

Although air travel today is available to most people, barriers to access still exist. A passenger with a disability may encounter obstacles just to reach an airplane seat. To eliminate these hindrances, the federal government passed the Air Carrier Access Act of 1986 (ACAA). It is vitally important for travelers with disabilities and their companions, travel agents, and others involved in air travel to know what to expect from the time an airline reservation is booked to the moment the flight touches down. The ACAA affects all aspects of air travel. This booklet provides people who use wheelchairs and other mobility aids with all the information they need to have a safe and enjoyable flight.

Air Carrier Access Act

The ACAA prevents airlines from discriminating directly or through a contractual arrangement against people with disabilities. Under the law, new and renovated terminals must be designed to be accessible by people with disabilities. Fully accessible services must also be provided in all existing airport facilities that air carriers own, lease, or control. The ACAA affects all domestic air carriers and all airport facilities within the United States and its territories, possessions, and commonwealths.

As of September 1, 2000, the ACAA was amended to cover foreign air carriers operating in the United States. The rules implemented to enforce the ACAA will be amended to reflect this change.

The ACAA prohibits airlines from requiring a person with a disability to accept special services, such as preboarding, that the passenger did not request. Similarly, air carriers cannot segregate passengers with disabilities, even if separate or different services are available to them.

Making Reservations

Refusal of Service

Are air carriers permitted to refuse to serve a qualified person with a disability?

It is illegal for air carriers to refuse to provide transportation to a qualified individual with a disability based solely on his or her physical or mental condition. To be qualified, a person with a disability must be able to purchase a ticket, get to the airport, and meet the contract-of-carriage requirements that apply to all passengers. Air carriers may refuse to provide transportation to any passenger based on safety and Federal Aviation Administration (FAA) regulations, but they must do so in a manner that does not discriminate based on disability. Air carriers cannot limit the number of people with disabilities on a given flight.

What must an air carrier do if it refuses to provide service to any person on the basis of a disability?

The air carrier must give the passenger a written explanation for the refusal, including, where appropriate, the safety basis for the decision. The air carrier must provide its explanation within 10 calendar days of the incident.

Advance Notice Requirements

Does a person with a disability need to notify an airline in advance of his or her intention to travel or of his or her disability?

Generally, carriers cannot require advance notice. An airline is, however, permitted to require that the passenger provide up to 48 hours advance notice and check in 1 hour in advance for the following accommodations:

• using medical oxygen on the plane, if this service is available
• transporting an incubator, if this service is available
• connecting a respirator to the aircraft electrical supply, if this service is available
• transporting a passenger who must travel on a stretcher, if this service is available
• transporting an electric wheelchair on planes with fewer than 60 seats
• providing packaging for a battery for a wheelchair or other assistive device
• accommodating 10 or more qualified people with disabilities who make reservations and travel as a group providing an on-board wheelchair on a plane with more than 60 seats that does not have an accessible lavatory

What are an airline's responsibilities after a person with a disability gives advance notice of his or her needs?

Airline reservation and administrative systems must keep records of properly provided advance notice. Carriers must inform the employees responsible for arranging for the necessary accommodations and must ensure that the services are provided.

What happens if an individual with a disability does not provide advance notice or does not check in at the airline terminal an hour in advance as required under the ACAA?

In these cases, the carrier must provide the accommodation or service if it can be done with reasonable effort and without delaying the flight.

Seating Assignments

May an airline refuse to allow a person with a disability to sit in a particular seat?

Airlines cannot exclude passengers with disabilities from a particular seat or require them to sit in a certain seat, except to comply with FAA safety regulations, such as exit row seating.

What are the FAA regulations concerning seating next to emergency exits?

The FAA requires air carriers to determine, in a nondiscriminatory manner, if a passenger can perform the duties required of someone sitting in an exit row. Passengers seated in exit rows must be able to perform the following emergency functions:

• locate the door and quickly follow oral and written instructions
• determine when to open the door
• open the door
• move quickly through the open exit
• devote full attention to the emergency task

Under FAA regulations, an airline cannot deny transportation, but may refuse exit row seating, to passengers who:

• lack sufficient mobility, strength, or dexterity in both arms and hands or both legs to perform emergency evacuation tasks
• are less than 15 years old or need adult assistance to carry out the functions related to sitting in an exit row
• are unable to read or understand evacuation instructions
• lack the visual capacity to carry out emergency functions
• lack the ability to communicate orally
• have other responsibilities, such as caring for small children, that might prevent them from carrying out emergency functions in an exit row seat
• may injure themselves when carrying out emergency functions

The FAA requires cabin crews to inform passengers about the emergency duties associated with exit row seating and to request that passengers in exit-row seats who believe they cannot or do not want to fulfill these duties ask to be relocated to a seat not in an exit row. Airlines cannot require passengers to disclose their reasons for requesting reseating.

Must airlines satisfy the requests of passengers with disabilities who ask for particular seats on an aircraft?

Passengers who use an aisle chair to access the aircraft and who cannot transfer over a fixed aisle armrest must be assigned a seat in a row with a movable aisle armrest. Passengers with disabilities who are traveling with a personal care attendant, a reader/assistant, or an interpreter who will be performing functions for the passenger during the flight must be provided with adjacent seats for themselves and their companion. Passengers with disabilities traveling with a service animal must be assigned a bulkhead seat or another seat as per their request. Passengers with a fused or immobilized leg must be assigned a seat that provides greater legroom, such as a bulkhead seat. Passengers who want specific seat assignments must make the request at least 24 hours before the flight is scheduled to depart and check in at least 1 hour before departure. If a passenger does not make the request at least 24 hours in advance, the carrier must still satisfy the request if possible. However, the carrier is not required to reassign a seat already assigned to another passenger. If the carrier does not assign passengers seats in advance, then the seating accommodations required for passengers with disabilities must be provided by allowing these passengers to board the aircraft before all other passengers.

Airline Liability for Equipment

May airlines require passengers with disabilities to sign waivers of liability for their wheelchairs and other assistive devices?

Passengers with mobility impairments cannot be required to sign waivers of liability for damage to or loss of their wheelchairs or other assistive devices. The baggage liability limits do not apply to liability for loss, damage, or delay of a wheelchair or other mobility aid. The compensation for such incidents is based on the original purchase price of the device.

Security Screening

How is security screening conducted for passengers with mobility impairments?

People with disabilities are subject to the same security provisions as all other passengers. Passengers with an assistive device cannot be required to undergo special security procedures if they clear the security system without activating it. However, security personnel are entitled to examine assistive devices they believe may conceal a weapon or other prohibited items. Passengers with disabilities may also request private screenings, but if the airline has the kind of technology that makes private security checks unnecessary, it would not be required to accommodate such a request.

Certification and Attendants

Are airlines allowed to require medical certification of people with disabilities before permitting them to fly?

Medical certification is required only for:

• a passenger traveling on a stretcher or in an incubator
• a passenger requiring medical oxygen during a flight
• a passenger who will probably require extraordinary medical assistance during the flight
• a passenger with a communicable disease

In what situations may an airline require a qualified individual with a disability to fly with an attendant?

A carrier may require a passenger with a disability to travel with an attendant only when:

• the passenger is on a stretcher or in an incubator
• the passenger, because of a mental disability, is unable to understand and comply with safety instructions
• the passenger, because of a severe mobility impairment, is prevented from assisting in his or her own evacuation from the plane
• the passenger, because of severe hearing or vision impairments, is prevented from communicating with airplane personnel to receive safety information

Airlines cannot require an attendant because of concern that a passenger with a disability may need special assistance that airplane personnel are not required to provide, such as help in the lavatory.

What happens if a person with a disability believes he or she can travel independently, but the air carrier personnel determines that this person must travel with an attendant?

When the air carrier personnel and the passenger disagree about whether an attendant is necessary, the air carrier may require the attendant but cannot charge the passenger for the attendant's airfare. The carrier may designate as the attendant an off-duty airline employee on the same flight, a passenger volunteer, or someone selected by the passenger with a disability. The attendant so chosen would be required to provide assistance only in the event of an emergency evacuation. If there is no seat available for an attendant when the passenger checks in and the airline determines that an attendant is necessary, the passenger with a disability would be eligible for denied boarding compensation.

Getting to the Airport

Airport Accessibility

What types of airport facilities must be accessible?

All terminals, including parking and ground transportation facilities, owned, leased, or operated by an air carrier must be accessible when viewed as a whole. All airport facilities designed or constructed after April 5, 1990, must be accessible to people with disabilities.

What facilities are required in a new terminal?

All areas of a newly designed or renovated terminal must be accessible by people with disabilities. Travelers with disabilities must be able to approach and use the primary ticketing area. In addition, each terminal must contain at least one telecommunications device for the deaf (TDD) in a clearly marked and accessible location. Baggage areas must be free of barriers, such as gates and turnstiles, that limit the ability of a person with a disability to independently use the areas. Also, facilities for moving between the gate and the aircraft, including loading bridges and mobile lounges, must be accessible to people with disabilities.

What facilities are required in existing terminals?

The ACAA required that all existing terminals be accessible no later than April 5, 1993. To comply with the regulations, such terminals must provide at least one accessible route from the terminal entrance to the boarding area. The airport or air carrier must provide level-entry loading bridges, mobile lounges, or other accessible boarding devices. Terminals must also have TDDs and accessible baggage and ticketing areas.

Boarding the Airplane

Boarding Assistance

What types of boarding assistance must airlines provide to passengers with a mobility impairment?

Airlines must assist passengers with disabilities in boarding and exiting the plane. They must provide personnel, ground wheelchairs, boarding wheelchairs, and ramps or mechanical lifts. Level-entry boarding platforms or accessible mobile lounges must be used where they are available. When level-entry boarding devices (jet bridges) are not available, airlines may employ ramps, lifts, or other devices not normally used for freight.

What types of boarding assistance are required with respect to small or commuter aircraft?

For an aircraft with 19 to 30 seats, carriers are required to provide boarding assistance to passengers with disabilities by providing a mechanical lift or other device. Passengers who require a lift for boarding must check in 1 hour prior to the scheduled departure of the flight. Airports with fewer than 10,000 annual enplanements are exempt from this requirement. Certain 19-seat aircrafts are exempt, such as the Fairchild Metro, the Jetstream 31, and the Beech 1900 models C and D. Also, if the mechanical lift presents a significant risk of serious damage to the aircraft or internal barriers prohibit the passenger using a boarding chair from reaching a non-exit-row seat, boarding assistance is not required. For an aircraft with fewer than 19 seats, boarding assistance is not required.

For aircrafts with more than 30 passenger seats, air carriers must provide boarding assistance to passengers with disabilities by using ramps, mechanical lifts, or other suitable devices where level-entry boarding is not available. Carriers may require that passengers wishing to use the lift or ramp check in 1 hour prior to the flight. If the passenger checks in later than 1 hour before the flight, the carrier shall provide the lift if it can do so by making a reasonable effort without delaying the flight. This requirement applies to all airports with 10,000 or more annual enplanements.

Transfer and Lifting

Aircraft personnel are trained to assist you with transferring and lifting. There are two transfers involved: from wheelchair to boarding chair and from boarding chair to aircraft seat. To ensure transfers are performed safely from wheelchair to boarding chair:

• Personnel should explain what they will do before attempting to do so.
• Both chairs should be locked and stabilized.
• Personnel should check that you are secured in the boarding chair. Straps are applied around the torso and feet to prevent slipping or bouncing.
• Personnel should place the boarding chair as close as possible to your wheelchair.
• You should tell personnel how you would like to be transferred. If you cannot transfer yourself to the boarding chair, indicate which is your best transferring side and the lifting procedure you are most comfortable with.
• You may bring a sliding board to be used to assist the transfer. It will be placed between your wheelchair and the boarding chair. The board provides a smooth flat surface that allows personnel to slide the passenger between chairs.

To ensure transfers are performed safely from boarding chair to aircraft seat:

• Personnel will move the boarding chair backwards down the aisle for greater stability.
• The armrest on your aircraft seat will be placed in an upright position and the seat in front of your aircraft seat moved forward to increase space for transferring.
• If you cannot transfer yourself to the aircraft seat, indicate the lifting procedure you are most comfortable with.
• Personnel can assist with securing your seatbelt.

Equipment and Storage

What equipment can a person with a mobility impairment bring on board an aircraft?

Passengers may bring canes, wheelchairs, respirators, and ventilators that conform with U.S. Department of Transportation (DOT) and FAA regulations as well as other assistive devices. The only equipment that may not be brought on board is an oxygen supply. Passengers may use the aircraft's supply and a reasonable charge may be assessed. Airlines must allow passengers with disabilities to store canes and other assistive devices close to their seats and cannot count this equipment toward the limit on the number of carry-on items.

What are the requirements for storing manual wheelchairs in an aircraft cabin?

Passengers may store their wheelchairs or parts of their wheelchairs in overhead compartments or under their seats, in accordance with safety regulations for carry-on items. When airplanes are equipped with closets or other storage areas for passengers' carry-on articles, the airline must designate priority space in these areas for at least one folding wheelchair if the area is large enough. An individual with a disability who preboards the aircraft has priority over other preboarding passengers to store his or her wheelchair in the storage area. However, if a person who uses a wheelchair does not preboard, he or she can only store the wheelchair in that area on a first-come, first-served basis.

What are the regulations concerning electric wheelchairs?

Air carriers must accept collapsible, battery-powered wheelchairs as carry-on baggage on the same terms as those for manual wheelchairs. That is, if the passenger with a disability preboards and the on board storage space permits, the electric wheelchair, including the nonspillable battery, must be stored on board the aircraft. If the powered wheelchair is stored in the aircraft's baggage compartment, the carrier must, whenever feasible, secure the wheelchair in an upright position so the batteries do not have to be separated from the wheelchair. When it is necessary to detach a battery, the carrier must provide packaging. If the wheelchair must be taken apart for storage, a passenger with a disability may provide written directions on how to disassemble and reassemble it. Under no circumstances may wheelchair batteries be drained. A carrier may require a passenger with a disability who is traveling with a powered wheelchair to check in 1 hour prior to the scheduled departure of the flight.

When can passengers expect to have their wheelchairs removed from the baggage compartment and returned to them?

The ACAA states that wheelchairs and other assistive devices must be returned to their owners in a timely manner and as close as possible to the airplane door. (Passengers may also ask to have their wheelchairs and other devices returned at the baggage claim area.) Personal mobility equipment must be among the first items removed from the baggage compartment. All assistive devices must be returned to their owners assembled and in the same condition as when they were stored.

Airlines must give priority to wheelchairs and other assistive devices in the plane's baggage compartment. If this results in the bumping of luggage, the carrier must make its best efforts to ensure that the bumped baggage reaches its destination within 4 hours of the original arrival time.

Aircraft Accessibility

When did the requirements for accessible aircraft become effective?

All aircraft ordered by an airline after April 5, 1990, or delivered after April 5, 1992, must comply with the ACAA's wheelchair-accessibility provisions.

Which types of airplanes must have accessible lavatories?

Aircraft with more than one aisle and any number of lavatories must have at least one that is accessible. The lavatory must be designed so that a person using an on-board wheelchair can enter, move within the room, and leave. Accessible lavatories must provide the same degree of privacy as other lavatories on the plane. All controls, locks, and dispensers must be usable by passengers in wheelchairs and those with manual impairments.

Do airlines have to renovate their aircraft for the sole purpose of making them accessible to people with disabilities?

Airlines do not have to retrofit their aircraft to ensure accessibility. However, whenever a plane that does not have accessibility features, such as movable aisle armrests and accessible lavatories, is renovated and sections of the cabin interior or lavatories are replaced, these sections must be refitted with equipment that complies with the ACAA.

Which types of airplanes must provide on-board wheelchairs?

Any plane with more than 60 passenger seats and an accessible lavatory must provide an on-board wheelchair if a passenger requests one 48 hours in advance. If less than 48 hours notice is given, the carrier must make a reasonable effort to provide one without delaying the flight. On-board wheelchairs must have removable footrests and armrests, passenger restraints, backrests that permit flight attendants to assist in transferring, and wheel locks. On-board wheelchairs must be compatible with the dimensions of the aircraft so they can be easily pushed, pulled, and turned within the cabin. An aircraft with 100 or more seats must designate priority space in the cabin for on-board wheelchair storage.

How does a passenger with a disability find out about aircraft accessibility?

On request, airlines must make available to any passenger the following information about the aircraft:

• the location of seats with movable aisle armrests
• any limitations on the airplane's ability to accommodate passengers with disabilities
• any limitations on the availability of storage facilities for assistive devices
• whether the airplane has an accessible lavatory

Service Accommodations

What types of general services must flight personnel provide to passengers with disabilities?

When a passenger with a disability changes planes, the delivering airline is responsible for assistance in making flight connections and transferring between gates. Airline personnel shall not leave unattended for more than 30 minutes any individuals in wheelchairs or other devices that they cannot move independently.

When requested, flight personnel must help passengers:

• move to and from seats while getting on or off the airplane
• prepare for eating, for instance by opening food packages (airline personnel do not have to help a passenger eat)
• use an on-board wheelchair
• move to and from the lavatory (airline personnel do not have to help any passenger within the restroom)
• store and retrieve carry-on luggage

May airlines charge for special accommodations made for passengers with disabilities?

Carriers cannot charge for providing facilities, equipment, or services required under the ACAA. They may, however, charge for such optional services as use of an aircraft's oxygen supply.

Handling Violations

Complaint Procedures

Who handles passenger complaints regarding compliance with ACAA regulations?

Every carrier that operates scheduled service must designate at least one Complaints Resolution Official (CRO) to resolve ACAA complaints at each airport it serves. The CRO must be available, either in person or by phone, at all times the airline is operating at a given airport. When CROs are available by phone, they must be able to communicate by means of a TDD.

What must a CRO do to resolve a complaint?

The CRO must take direct action, either personally or through another employee, to resolve any violations of the ACAA. The CRO cannot, however, overturn a decision made by the pilot-in-command based on safety concerns.

What happens when the CRO agrees with the passenger that an airline has violated ACAA regulations?

If the CRO agrees with the passenger that a violation of the ACAA has occurred, the CRO must provide the passenger with a written statement summarizing the problem and outlining what steps the carrier will take in response to the violation, as well as the passenger's right to pursue a complaint with the DOT.

What if the CRO determines that the airline's actions were not in violation of the ACAA?

The CRO must still provide a written summary of the determination and advise the passenger of his or her right to file a complaint with the DOT.

When should the passenger expect to receive the written statement from the CRO?

The complainant should receive the statement immediately at the airport. If this is not possible, the CRO must forward it to the passenger within 10 calendar days of the complaint.

May passengers file written complaints with the air carrier?

Air carriers must have procedures for resolving written complaints concerning ACAA violations. Carriers are not required to respond to any complaints postmarked more than 45 days after the alleged violation. The airline must respond to the complaint within 30 days after receiving it.

The response should summarize all the facts and determinations concerning the complaint.

What information should a passenger include in a written complaint?

Written complaints concerning suspected violations of the ACAA should include:

• flight information, including name of air carrier and number, date, and time of flight and connecting flight, if applicable
• whether the passenger contacted a CRO
• the name of the CRO and the date contacted, if applicable
• copies of any written response received from the CRO

What other recourse is available to passengers who believe that an airline has violated ACAA regulations?

Anyone who believes a carrier may have violated ACAA regulations may contact the DOT at:

U.S. Department of Transportation
Aviation Consumer Protection Division, C-25
400 7th Street, SW
Washington, DC 20590
(202) 366-2220
(202) 366-0511 (TTY)
E-mail: airconsumer@ost.dot.gov

A formal complaint analogous to a civil lawsuit may also be filed with the DOT. This complaint must comply with specific rules of practice and be filed with the Assistant General Counsel for Aviation Enforcement and Proceedings at the DOT. A civil lawsuit filed in the appropriate court may also be an option under the ACAA.

Conclusion

Under the ACAA, air travel for people with disabilities will continue to improve as new, more accessible airplanes and airports are constructed and as airlines train their employees to be more sensitive to the needs of passengers with disabilities. To take full advantage of these improvements in accessibility, it is important for people with disabilities to know their own responsibilities and rights as well as those of the air carriers.

As we move toward a barrier-free society, the United Spinal Association hopes that this booklet will make air travel a more enjoyable experience for you. For more information about the ACAA, contact the nearest United Spinal Association office.

Guide Courtesy of United Spinal Association