BREAKING NEWS: There is real progress in our fight for wheelchair users to fly safely. The U.S. Department of Transportation released a proposed rule on Feb. 28 that will help to protect our equipment and physical safety.
“We are forging a new path for the airline industry, making air travel accessible for all,” says Vincenzo Piscopo, President & CEO of United Spinal. Now is the time for wheelchair users to share their stories, both their flightmares and their dreams of solutions for safe, accessible air travel.”
For the following changes to become a reality, “We must all submit comments within the next 60 days,” says United Spinal Vice President, Government Relations Alexandra Bennewith. “After that, the rule can be finalized. However, we must ensure disability protections are enforced in this new rule, which is why it is so important that the Department of Transportation hear from all of us.”
United Spinal thanks all of our member advocates whose hard work has made this proposed rule a reality. We will share our talking points for advocates in the coming week or two. Check out more about our air travel work on our Accessible Air Travel website.
The Proposed Changes
Safe and Dignified Assistance
Clarifies that safe and dignified assistance to individuals with disabilities is required when providing required accommodations.
Prompt Enplaning, Deplaning, and Connecting Assistance
Any mishandling of wheelchairs and assistive devices by airlines will be subject to administrative penalties. Mishandled will mean lost, delayed, damaged, or stolen.
When a wheelchair or scooter is mishandled, airlines must:
- Immediately notify the passenger of their right to
- File a claim with the airline
- Receive a loaner wheelchair from the airline with certain customizations
- Choose a preferred vendor, if desired, for device repairs or replacement
- Have a Complaints Resolution Official (CRO) available and be provided information on how to contact the CRO.
Passenger Notifications After Wheelchair is Loaded on and Unloaded from Aircraft
Airlines must timely notify passengers when their wheelchairs or scooters have been loaded into and unloaded from the cargo compartment of their flights.
Also, airlines must immediately notify passengers upon learning that the passenger’s wheelchair or scooter does not fit on the plane.
Mishandling of Wheelchairs and Assistive Devices as Per Se Violation.
Any mishandling of wheelchairs and assistive devices by airlines is a per se regulatory violation subject to administrative penalties. “Mishandled” means lost, delayed, damaged or stolen.
When a wheelchair or scooter is mishandled, airlines must immediately notify impacted passengers of their rights to:
- File a claim with the airline,
- Receive a loaner wheelchair from the airline with certain customizations,
- Choose a preferred vendor, if desired, for device repairs or replacement, and
- Have a Complaints Resolution Official available and be provided information on contacting the CRO.
Prompt Return of Delayed Wheelchairs or Scooters
Airlines must transport a delayed wheelchair or scooter to the passenger’s final destination within 24 hours of arrival by whatever means possible. Also, passengers may choose between picking up the wheelchair or scooter at their destination airport or having the wheelchair delivered to another location based on a reasonable request by the passenger, such as the passenger’s home or hotel.
Depending on the passenger’s choice, the Department would consider the wheelchair or scooter to be provided to the passenger when:
- The wheelchair or scooter Is transported to a location requested by the passenger if the passenger chooses to have it delivered, regardless of whether the passenger is present to take possession of the wheelchair or scooter or,
- Has arrived at the destination airport, is available for pickup, and the carrier has provided notice to the passenger of the location and availability of the wheelchair or scooter for pickup if the passenger chooses to pick it up.
Prompt Repair or Replacement of Damaged Wheelchairs or Scooters
Following a mishandling, airlines must provide passengers with one of these two options:
- Have the carrier handle the repair or replacement of the device with one of equivalent or greater function and safety within a reasonable timeframe and pay the associated costs.
- Allow the passenger to arrange for the repair or replacement of the device with one of equivalent or greater function and safety through their preferred vendor. The carrier will be responsible for transporting the device to the preferred vendor and paying the vendor directly for the repairs or replacement.
Loaner Wheelchair Accommodations
Airlines will be required to:
- Provide loaner wheelchairs while individuals with disabilities await repairs or replacement of a mishandled device.
- Consult with the individual receiving the loaner wheelchair to ensure that it fits the passenger’s functional needs as much as possible, as well as safety-related needs.
Enhanced Training for Certain Airline Personnel and Contractors
Requires annual training, including hands-on training, of airline employees and contractors who physically assist passengers with mobility disabilities or handle passengers’ wheelchairs or scooters.
New Improved Standards for On-Board Wheelchairs
New, improved performance standards for OBWs on twin-aisle aircraft and aircraft with 60 or more seats will be required, consistent with standards for OBWs on single-aisle aircraft with 125 or more seats.
Size Standard for Lavatories on Twin-Aisle Aircraft
Seeks comments regarding whether to specify that one lavatory needs to be of sufficient size to both:
- Permit both a passenger with a disability and an attendant to enter and maneuver within the lavatory
- Set a 95th percentile male standard for the individual with a disability and the attendant in place of the non-specific standard currently set forth for twin-aisle aircraft lavatories.
Reimbursement of Fare Difference
Seeks comments regarding whether U.S. and foreign air carriers should be required to reimburse the difference between the fare on a flight a wheelchair user took and the fare on a flight that the wheelchair or scooter user would have taken if their wheelchair or scooter had been able to fit in the cabin or cargo compartment of the aircraft.
The illustration is by Josh Keller. Get involved with United Spinal by joining our Grassroots Advocacy Network. Contact our Community Support team for more information about all United Spinal’s chapters and programs. Join us by signing up for a free membership. To support our mission, donate here.
