updated law to cover disabled air travlers

scottsod

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Expanded Regulations to the Air Carrier Access Act Include Foreign Carriers
New and updated rules for the Air Carrier Access Act go into effect in May 2009, and are applied to foreign carriers.
The Department of Transportation recently issued updated and expanded regulations for Air Carrier Access Act, the laws that mandates air travel accessibility for people with disabilities.

The new rules apply to all commercial flights to and from the U.S., including those operated by foreign air carriers. Additionally, it codifies access regulations for foreign air carriers.
Foreign airlines operating flights to or from the U.S. must ensure that disabled passengers can move through the terminal facilities at foreign airports.
Foreign carriers are not required to retrofit existing aircraft for accessibility; however, they are required to include accessible lavatories, moveable armrests, on-board wheelchairs, and wheelchair storage space on new aircraft.
Employees or contractors providing airport wheelchair assistance are required to make a brief restroom stop (upon request) if the restroom is located along the path of travel to the gate.
The law was edited to require the “prompt” deplaning of disabled passengers. The DOT further defined the term prompt as meaning that an aisle chair should be available no later than as soon as the other passengers have deplaned.
The law also requires airlines to allow the on-board use of all FAA-approved POCs, ventilators, respirators, and CPAP machines.
The DOT changed the terminology from “attendant” to “safety assistant” in the section dealing with unaccompanied travel. Additionally, the criteria for unaccompanied travel was further defined for passengers with mobility disabilities as someone who is able to “physically” assist in their own evacuation. The previous wording was sometimes interpreted to mean that verbal direction was sufficient.
The law specifies the dimensions of the priority wheelchair storage space as being 13 inches by 36 inches by 42 inches.
Service animals are still not allowed to obstruct areas covered by FAA approved safety regulations; however, if the animal won’t fit at the assigned seat location, the airline must offer the passenger the opportunity to move to any open seat in the same class, that can safely accommodate the animal.
On flights over eight hours, airlines can require passengers with service animals to provide documentation that the animal won’t have to relieve itself, or that it can relieve itself in a way that won’t create a health or sanitation issue on the flight.
Airlines are required to provide physical help to passengers with disabilities at inaccessible ticket kiosks.
Finally, the new law stopped short of requiring airline Web sites to be accessible; however, it requires airlines to offer disabled passengers web-only fares that appear on inaccessible websites, by phone or another accessible reservation method.

Read the full regulations
http://edocket.access.gpo.gov/2008/pdf/08-1228.pdf
 
I have just read the full document, which is very useful. I have saved it for future reference, as it will be in force by my next trip. Thanks for posting the link.

Unfortunately there is no provision that I can see, regarding wheelchairs damaged by baggage handlers.

Last trip to WDW, my wheelchair arrived damaged and unuseable. By the time I had been taken to my airline's 'damage' office, their wheelchair repair company had closed for the day and they couldn't provide a loan chair or ECV until the following day. They couldn't get me to my hotel (Boardwalk) because the chair they put me in had a flagpole to prevent it leaving the airport. They had no regular chairs. When they finally removed the flagpole and I got to WDW, (eight hours after landing at MCO), I found myself trapped in the chair because the armrests were not removeable. I tried to sleep in the chair first night, but woke in early hours with terrible neck pain and had to call fire department to lift me into bed, and the following morning to put me back in the chair again.

Until I had my own chair back four days later, Reedy Creek F D had to lift me from my bed to my loan ECV every morning. I couldn't transfer to the toilet during this same period and had to use a bed pan.

I am still negotiating adequate compensation with the airline.

Andrew
 





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