New rule for cruise ships

[Justin Jett]

DOT 117-10
Thursday, June 17, 2010
Contact: Bill Mosley
Tel.: (202) 366-4570

New DOT Rule Extends Disability Protections to Passenger Ships and Boats

Secretary of Transportation Ray LaHood today announced the first federal rule to specifically provide Americans with Disabilities Act (ADA) protections to people with disabilities who travel on boats and ships. The action comes as the 20th anniversary of the ADA approaches on July 26.

“This Administration is committed to protecting the rights of passengers with disabilities in all modes of transportation,” said Secretary LaHood. “This rule will ensure fair treatment for people with disabilities who travel by ship or boat.”

The rule applies to two categories of vessels: vessels operated by public entities, such as public ferry systems, and vessels operated by private entities primarily engaged in the business of transporting people, such as cruise ships.

The rule will ensure that vessel operators’ policies do not discriminate against passengers with disabilities. Under the rule, vessel operators cannot charge extra for accessibility-related services to passengers, cannot require passengers to furnish their own attendants, and cannot deny access to passengers based on disability. Vessel operators will have to provide information to passengers about the accessibility of their facilities and services and make a knowledgeable person available to resolve accessibility concerns.

This rule does not establish physical accessibility standards for new construction or alteration of vessels. The Access Board, an independent agency, is currently developing proposed accessibility guidelines that the Department would adopt in a subsequent rulemaking.

Department of Justice (DOJ) regulations will cover a third category of vessels not covered by DOT’s rules – those operated by private entities not primarily engaged in the business of transporting people, such as fishing charters and dinner cruise boats.

The new rule will become effective 120 days after it is published. There will be a 90-day comment period concerning three issues: whether vessel operators should be required to allow passengers with disabilities to bring emotional support animals on board, requirements operators must follow concerning the use of mobility aids, and the relationship of DOT and DOJ disability rules.

The rule is available on the Internet at www.regulations.gov, docket DOT-OST-2007-26829.

 

[lovetoscrap]

How does this affect the main cruise lines that are not registered in the US, but sail out of here? I am thinking that since they are not registered here they wouldn't have to comply with any of this???

That said I have sailed on two ships, the Wonder and the MSC Orchestra and really had no problems with my ECV. But since I can get up and move around if I need to I can't speak to how accessible they are to permanent wc users.

 

[Justin Jett]

How does this affect the main cruise lines that are not registered in the US, but sail out of here? I am thinking that since they are not registered here they wouldn't have to comply with any of this???

Yes, that's what I meant by "settled" but I was pretty cryptic and until the U.S. Supreme Court settled it in 2005, the lower courts were divided on the issue. In 2005, however, the Court held that Norwegian Cruise Lines, despite being foreign flagged, pretty much had to comply with Title III of the ADA.

I say "pretty much" because the Court left the door open for cruise lines to argue that certain uniquely U.S. imposed requirements conflict with the ship's internal affairs and foreign regulation. This is a pretty hypertechnical issue, however, and odds are good that before there is a conflict of this nature, the cruise line would probably have other, better, arguments that the requested accommodation is unreasonable.

Think of it like this. Yvet, by rumor, is a party animal. If, during Pirate night, she wanted decks 9 and 10 of the Wonder lit up like the surface of the sun, the cruise ship would probably have a valid argument that this interferes with their internal affairs; but then this request wouldn't be a reasonable one under the ADA, either. Like so much else, it is a question of degree.

http://www.disboards.com/showthread.php?t=2394649

 

[dclfun]

I don't know of any major cruiseline that doesn't already comply. I know Princess strongly encouraged me to travel with an able-bodied "companion" but it's not required. Of course, they are not required to help you either. I never sailed with them though so I have no idea about their ships. My biggest issue is pricing. For instance if a lowest-fare rate is released and is always a "guarantee" then someone who must confirm an accessible stateroom can't get that price since any guest confirming a stateroom has to pay a higher fare. ---Kathy