Assisting People with Disabilities for over 27 years! Winter 2007, Volume 6
For a copy of the newsletter, please call 516-796-0144 or e-mail us at: licil@aol.com
By Therese E. Brzezinski, M.A.
Director, Advocacy & Community Policy
Commercial Air travel for persons with disabilities has always had the potential to be something of a challenge, with the events of 9/11 compounding that with more stringent security procedures. But the Air Carrier Access Act (ACAA) offers important protections for travelers with disabilities that should be kept in mind the next time you plan a trip.
Initially signed into law in October 1986, the ACAA is designed to prevent discrimination against any individual with a qualifying disability. Thus, anyone who is substantially limited in one or more major life activities (walking, seeing, hearing, speaking, breathing, etc…) must be permitted to enjoy the same rights and privileges as travelers without disabilities. Although air travel rights for persons with disabilities often are assumed to be covered under the Americans with Disabilities Act (ADA) of 1990, they are, in fact, addressed solely by the ACAA and enforced by the Department of Transportation (DOT).
Generally, ACAA legislation requires all domestic air carriers to provide certain accommodations upon request by travelers with disabilities. These include:
- Assistance in boarding and exiting the aircraft, including provision of a wheelchair on all legs of the trip and transfers to connecting flights
- Pre-boarding opportunities
- An accessible seat, such as a bulkhead seat; an aisle seat; a seat with a moveable armrest
The implementing regulation for the ACAA (14 CFR Part 382) stands out as the specific rule which allows the DOT to enforce all requirements under the ACAA. This standard also identifies certain specific practices that airlines may not engage in. Under the law, they may not:
- Prevent persons with disabilities from traveling with a personal care attendant
- Refuse certified service animals into the aircraft’s cabin
- Impose surcharges for any of the above-mentioned accommodations; for the stowage of durable medical equipment; or the packaging of hazardous materials like wheelchair batteries.
- Count an assistive device against the carry-on total. In other words, if the stated carry on total is two bags, a third bag containing DME supplies or DME itself must be permitted on board the aircraft.
- Limit their liability for damage to a wheelchair or other assistive device, which, in essence, compels airlines to be diligent about handling these items with the utmost care.
Additionally, the DOT has made a number of critical amendments to ACAA regulations, and continues to do so in order to improve the impact of the ACAA on enhanced travel experiences for customers with disabilities. One such amendment, issued in May, 2001, addressed aircraft entry and egress. This ruling accompanies an earlier standard that required lifts on aircraft with 19 to 30 seats. The 2001 amendment imposes the same requirement on those with capacity of 31 and greater. The combination of these two rulings eliminates problems involving passengers with disabilities having to be physically lifted onto aircraft not level with the ground by way of a jet bridge. Clearly, such a requirement eliminates safety concerns, as well as negative impact on passenger dignity.
In the event that travelers with disabilities encounter any difficulty while at the airport, DOT has taken measures to address problems on an immediate, on-site basis by requiring airlines to provide Complaint Resolution Officials (CRO’s) to address any concern or complication related to disability and service provision. If, for some reason, passengers are unable to resolve their concern, they may contact the DOT Disability Hotline at 1-800-778-4838 (Voice) or 1-800-455-9880 (TTY). As of October 1, 2006, the hotline is available Monday through Friday (except federal holidays) between the hours of 7 a.m. and 11 p.m. eastern standard time. For other complaints that you wish to address after your travel experience, contact the DOT in writing with specific and clear reference to each of your concerns. Also, check out DOT’s website for additional information. They can be found for download at www.airconsumer.ost.dot.gov.
So, the next time you’re ready to head out of town, remember that jet setters with disabilities have indisputable sky rights. For the most pleasant travel experience possible, know what you’re entitled to before you go. DOT’s new publication, New Horizons: Information for the Traveler with a Disability serves as a great set of guidelines and can be found on the airconsumer website mentioned above. Don’t leave home without it.