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