US DOT Finalises Rule for Dignified Air Travel: A Milestone for Wheelchair Users

Dear Colleagues,

The U.S. Department of Transportation (DOT) has introduced a landmark Final Rule to enhance the air travel experience for wheelchair users, addressing long-standing challenges faced by disabled passengers.  This Rule strengthens its regulation implementing the Air Carrier Access Act (ACAA) and to address the serious problems that individuals with disabilities using wheelchairs and scooters face when traveling by air that impact their safety and dignity, including mishandled wheelchairs and scooters and improper transfers to and from aircraft seats, aisle chairs, and personal wheelchairs.  This final rule also carries out certain rulemaking provisions required by the FAA Reauthorization Act of 2024.

Effective January 16, 2025, with some provisions having later deadlines, the rule aims to provide safer, more dignified, and equitable services for travelers with mobility devices.

Key Highlights of the Rule:

1. Improved Assistance: Airlines must ensure prompt and safe assistance during boarding, deplaning, and transfers, respecting passengers' independence and privacy. Wheelchairs must be made available near the aircraft door upon request.

2. Enhanced Training: Airline staff and contractors will receive annual hands-on training to handle mobility devices and assist disabled passengers properly.

3. Rebuttable Presumption: Airlines will be assumed at fault if mobility devices are returned damaged, simplifying the claims process for passengers.

4. Timely Device Handling: Mobility devices delayed on domestic flights must be returned within 24 hours and within 30 hours for longer international flights. Passengers can also opt for delivery or airport pickup.

5. Reimbursement and Loaner Devices: Airlines must reimburse ground transport costs incurred due to delays, provide loaner mobility devices meeting safety and functional needs, and allow passengers to work with their preferred vendor for repairs or replacements.

6. Better Communication: Airlines are required to notify passengers about their rights when mobility devices are mishandled and provide updates on loading and unloading procedures.

7. Fair Rebooking: Passengers whose wheelchairs cannot be accommodated on a flight must be rebooked at no additional cost.

8. Onboard Wheelchair Improvements: Airlines must upgrade onboard wheelchairs on various aircraft types over the coming years.

Why This Matters:

Airlines mishandle 10,000 to 15,000 mobility devices annually, often likened by disabled travelers to a personal injury rather than mere property damage. The new rule tackles these issues head-on, emphasizing safety, dignity, and independence. Transportation Secretary Pete Buttigieg lauded the rule as a "major step forward," highlighting the importance of vendor choice for device repairs and replacements.

Advocates welcome these changes, citing years of challenges with inadequate training, delayed devices, and limited repair options. For disabled travelers, the rule represents not just logistical improvements but a long-overdue recognition of their rights and needs.

What India’s DGCA Needs to Do:

India's Directorate General of Civil Aviation (DGCA) should take cues from the DOT's comprehensive approach to improving air travel for wheelchair users. The DGCA's Civil Aviation Requirements (CAR) on the carriage of persons with disabilities currently have vague provisions regarding the replacement and compensation for lost or delayed mobility equipment. Clear timelines for returning mobility devices, options for preferred vendors, and penalties for mishandling must be incorporated. Moreover, loaner devices and reimbursement for related expenses should be mandated to ensure dignity and autonomy for disabled passengers. Enhancing employee training and publishing cargo hold dimensions, as done in the U.S., would further bring much-needed transparency and accountability to the system. And above all, this should become a part of Accessibility Standards of the Civil Aviation Ministry to be issued under Rule 15 of the RPWD Act.

Download a copy of the Final rule 

Ensuring Safe Accommodations for Air Travelers with Disabilities using wheelchairs"  [MS Word file:153KB] [PDF File: 1.5MB]

Source:  FederalRegister (dot) gov  

Supreme Court of India mandates the UOI Guidelines on Civil Aviation and stresses need of sensitization of CISF personnel

Court: Supreme Court of India

Bench: Justice J.B. Pardiwala  and Justice Pankaj Mithal

Case No. W.P.(C) No. 121/2024

Case title: Arushi Singh vs. Union of India  

Date of Judgement: 12 November 2024

Brief Summary

On November 12, 2024 the Supreme Court disposed off a writ petition filed by Arushi Singh, a person with a benchmark disability, addressing an incident of alleged humiliation at Kolkata Airport. Singh reported being asked by security personnel to stand up from her wheelchair during security screening, a situation that left her feeling disrespected and violated. The Court affirmed that the guidelines proposed by the Union Government for treating persons with disabilities with dignity at airports would now be mandatory, also extending to elderly and injured passengers requiring wheelchair assistance.

Incident Leading to the Petition  

Arushi Singh, a graduate of the National Law Institute University, Bhopal, and LL.M. holder from the National University of Singapore, recounted her experience on January 31, 2024. She alleged that she waited for approximately 20 minutes without assistance outside the airport and was subsequently asked to stand during security screening three times, despite her repeated explanations of her disability. The insensitivity allegedly displayed by Central Industrial Security Force (CISF) personnel prompted Singh to file the petition, seeking effective enforcement of relevant regulations, including the Rights of Persons with Disability Act, 2016, and the Accessibility Standards and Guidelines for Civil Aviation 2022.  

Supreme Court Observations and UOI's Suggestions  

A bench comprising former Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala had noted in earlier hearings that the issues raised required action by the Union of India. During the proceedings, a joint statement was presented, outlining several suggestions for ensuring dignified treatment of specially-abled individuals at airports:  

1. Mobile Application for Wheelchair Availability: Real-time updates on wheelchair availability at designated airport points for easy access by users.  

2. Mechanized Wheelchairs: Availability of mechanized wheelchairs for passengers traveling solo or in cases of delayed assistance.  

3. Boarding Pass Coding:  Incorporation of an alphabet code indicating the type of disability and a color scale denoting the severity of the condition.  

4. Integration of Unique Disability Identity Database:  Streamlining the ticket booking process by linking the database, enabling instant access to verified disability information for better assistance.  

5. Specialized Kiosks for Boarding Passes: Contactless kiosks equipped with voice recognition and response technology to aid persons with disabilities.  

6. Regular Sensitization Training for Airport Staff: Comprehensive and periodic training for airport staff, emphasizing understanding various disabilities and compassionate assistance.  

Court’s Directives  

The Court agreed with the petitioner’s counsel, Abiha Zaidi, that these suggestions should be treated as mandatory guidelines. The bench further emphasized that these measures should not be limited to wheelchair users but also include elderly and injured passengers requiring assistance. Importantly, it clarified that physical assistance already being provided at airports would not be withdrawn under these guidelines.  

Concluding the matter, the bench remarked:  

"We dispose of the Writ Petition in the aforesaid terms laying more stress on sensitizing the staff at the airport to be more compassionate towards the specially abled passengers." 

Read the judgement

Enhancing Air Travel for Individuals with Disabilities: US DOT Proposes New Regulations

Introduction:

Air travel is an essential part of modern life, but for individuals with disabilities, it can often be a challenging and uncomfortable experience. Recognizing the need for change, the Department of Transporation, USA (US DOT) has recently proposed groundbreaking regulations aimed at improving air travel conditions for people using wheelchairs. This move, announced by Transportation Secretary Pete Buttigieg, seeks to address mishandling issues and set new standards for airline practices.

Proposed Regulations: A Step Towards Accountability:

Under the proposed regulations, damaging or delaying the return of a wheelchair would become an automatic violation of federal law. This significant change aims to empower the Transportation Department to penalize airlines more effectively for mishandling wheelchairs, bringing a higher level of accountability to the industry.

Moreover, the regulations would introduce enhanced training requirements for workers who assist disabled passengers or handle their wheelchairs. This commitment to comprehensive training reflects a broader effort to create a more supportive and understanding environment for passengers with disabilities.

Impact on Travelers:

For the millions of Americans with disabilities, air travel has often been avoided due to inadequate airline practices and insufficient government regulations. The proposed rules signify a turning point, promising a transformative shift in the way airlines operate to ensure that travelers using wheelchairs can embark on their journeys safely and with dignity.

The proposed regulations come in response to a widespread issue – more than 11,000 wheelchairs and scooters were mishandled by airlines in the previous year. This statistic underscores the urgency of addressing the challenges faced by individuals with disabilities during air travel and the need for tangible solutions.

Building on Previous Initiatives:

This latest proposal builds upon earlier initiatives by the US DOT to enhance the flying experience for disabled travelers. In 2022, the Transportation Department published a bill of rights for airline passengers with disabilities, and in the same year, regulations were finalized to require more commercial aircraft to have accessible bathrooms.

Senator Tammy Duckworth, a wheelchair user and advocate for disabled individuals, has emphasized the importance of these regulations in holding airlines accountable. However, she also voiced concerns about potential reversals by future administrations, highlighting the need for congressional steps to protect and enforce these policies.

Industry Response and Public Input:

Airlines for America, a trade group representing major U.S. air carriers, responded by stating that the industry has been actively working to improve the flying experience for disabled passengers through measures like enhanced employee training. The proposed regulations are now open for public comments for a 60-day period, allowing stakeholders to contribute their insights and feedback.

Conclusion:

The proposed regulations mark a significant stride towards inclusivity and accessibility in air travel. By addressing the mishandling of wheelchairs and prioritizing comprehensive training, the US DOT aims to create a safer, more dignified, and comfortable experience for individuals with disabilities. The public now has an opportunity to provide input, shaping the future of air travel for everyone, regardless of their mobility challenges.

SOURCE: U.S. Department of Transportation, news release, Feb. 29, 2024

Woman in Wheelchair Claims Kolkata Airport Security Staff Demanded She Stand

Dear Colleagues,

Here is another goof up reported by a wheelchair user traveller. Ms. Arushi Singh, a traveler who uses wheelchair for mobility has alleged that she was asked to "stand up" by a security personnel at the Kolkata airport on 31st January 2024.

Sharing the incident on her X account on Feb 01, Ms. Singh said that she ws asked by a Central Industrial Security Force (CISF) personnel to stand up thrice during the security clearance.

"First she asked me to get up and walk two steps into the kiosk. Told her I can't as I have a disability. Inside she again asked me to stand up. I said I can't. She said sirf 2 minute khade ho jao (stand up for just two minutes). I explained again that I have a disability by birth," Ms. Singh, who is a law student according to her X bio, alleged.

Yesterday evening during the security clearance at Kolkata airport, the officer asked me (a wheelchair user) to stand up, not once but thrice. First she asked me to get up and walk two steps into the kiosk. (1/1)

— Arushi Singh (@singhharushi) February 1, 2024

This appalling lack of empathy has left me "shaken and furious", she expressed, adding that there have been instances in the past too, and shows that Kolkata airport has "learnt nothing" from them.

"Does the CISF manual on airport security ask to insult people with disability," she asked.

"Given that most wheelchair assistants were helping passengers, the officer in question did not feel the need to help me out of the kiosk when the security clearance was completed. Moreover, there was a 20-minute delay before wheelchair assistance was provided," she claimed.

There is an urgent need to re-look at the treatment of passengers with disabilities by the Kolkata airport authorities, Ms Singh added.