U.S. Department of Transportation 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel
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F T R AN TO SP EN U.S. Department of O TM RT D E PAR A TI ON Transportation UN A IC IT E R D E ST M A TE S O F A 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel Includes amendments issued through July 2003 (e.g., includes the amendment on reporting of disability-related consumer complaints)
1 TITLE 14 -- AERONAUTICS AND SPACE CHAPTER II -- OFFICE OF THE SECRETARY DEPARTMENT OF TRANSPORTATION PART 382 NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL Subpart A—General Provisions 382.1 Purpose. 383.3 Applicability. 382.5 Definitions. 382.7 General prohibition of discrimination. 382.9 Assurances from contractors. Subpart B—Requirements Concerning Facilities 382.21 Aircraft accessibility. 382.23 Airport facilities. Subpart C—Requirements for Services 382.31 Refusal of transportation. 382.33 Advance notice requirements. 382.35 Attendants. 382.37 Seat assignments. 382.38 Seating accommodations. 382.39 Provision of services and equipment. 382.40 Boarding assistance for small aircraft. 382.40a Boarding assistance for large aircraft 382.41 Stowage of personal equipment. 382.43 Treatment of mobility aids and assistive devices. 382.45 Passenger information. 382.47 Accommodations for persons with hearing impairments. 382.49 Security screening of passengers. 382.51 Communicable diseases. 382.53 Medical certificates. 382.55 Miscellaneous provisions. 382.57 Charges for accommodations prohibited. Subpart D—Administrative Provisions 382.61 Training. 382.63 Carrier programs. AUTHORITY: 49 U.S.C. 41702, 47105, and 41712. 382.65 Compliance procedures. SOURCE: 55 FR 8046, Mar. 6, 1990 and amendments. 382.70 Disability-related complaints received by carriers.
2 SUBPART A -- GENERAL PROVISIONS materials packaging, for carriers which, as of and hearing impairments; cerebral palsy, March 6, 1990, had a policy of carrying no epilepsy, muscular dystrophy, multiple § 382.1 Purpose. hazardous materials. sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug The purpose of this part is to implement the § 382.5 Definitions. addiction, and alcoholism. Air Carrier Access Act of 1986 (49 U.S.C. (b) Major life activities means functions 41705), which provides that no air carrier As used in this Part -- such as caring for one’s self, performing may discriminate against any otherwise manual tasks, walking, seeing, hearing, qualified individual with a disability, by Air Carrier or carrier means any citizen of speaking, breathing, learning, and working. reason of such disability, in the provision of the United States who undertakes, whether (c) Has a record of such impairment means air transportation. directly or indirectly or by a lease or any has a history of, or has been classified, or other arrangement, to engage in air misclassified, as having a mental or physical § 382.3 Applicability. transportation. impairment that substantially limits one or more major life activities. (a) Except as provided in this section, this Air carrier airport means a public, (d) Is regarded as having an impairment part applies to all air carriers providing air commercial service airport which enplanes means: transportation. annually 2,500 or more passengers and (1) Has a physical or mental impairment receives scheduled air service. that does not substantially limit major life (b) Sections 382.21-382.63 do not apply to activities but that is treated by an air carrier as indirect air carriers. Air transportation means interstate, constituting such a limitation; overseas, or foreign air transportation, or the (2) Has a physical or mental impairment (c) Except for § 382.70, this part does not transportation of mail by aircraft, as defined that substantially limits a major life activity apply to foreign air carriers or to airport in the Federal Aviation Act. only as a result of the attitudes of others facilities outside the United States, its toward such an impairment; or territories, possessions, and Department or DOT means the United (3) Has none of the impairments set forth in commonwealths. States Department of Transportation. this definition but is treated by an air carrier as having such an impairment. (d) Nothing in this part shall authorize or FAA means the Federal Aviation require a carrier to fail to comply with any Administration, an operating administration Indirect air carrier means a person not applicable FAA safety regulation. of the Department. directly involved in the operation of an aircraft who sells air transportation services to (e) The compliance date for the following Facility means all or any portion of aircraft, the general public other than as an authorized provisions of this part is June 4, 1990: buildings, structures, equipment, roads, walks, agent of an air carrier. parking lots, and any other real or personal § 382.7 (b) property, normally used by passengers or Qualified individual with a disability means § 382.21(c) prospective passengers visiting or using the a individual with a disability who -- § 382.31(e) airport, to the extent the carrier exercises (a) With respect to accompanying or § 382.33(f) control over the selection, design, meeting a traveler, use of ground § 382.35 (d), (e) construction, or alteration of the property. transportation, using terminal facilities, or § 382.37 (b), (c) obtaining information about schedules, fares § 382.39 (a) (second sentence of introductory Individual with a disability means any or policies, takes those actions necessary to language); (a)(1) and (a)(2), with respect to individual who has a physical or mental avail himself or herself of facilities or services acquisition of equipment; (a)(3); (b)(3); (b)(4) impairment that, on a permanent or temporary offered by an air carrier to the general public, § 382.41 (d), (e)(2), (f) basis, substantially limits one or more major with reasonable accommodations, as needed, § 382.45 (a), (c) life activities, has a record of such an provided by the carrier; § 382.47(a) impairment, or is regarded as having such an (b) With respect to obtaining a ticket for air § 382.49 (b), (c) impairment. As used in this definition, the transportation on an air carrier, offers, or § 382.65 (a), (b)(2). phrase: makes a good faith attempt to offer, to (a) Physical or mental impairment means: purchase or otherwise validly to obtain such a (f) The compliance date for the following (1) any physiological disorder or condition, ticket; provisions of this part is August 5, 1990: cosmetic disfigurement, or anatomical loss (c) With respect to obtaining air affecting one or more of the following body transportation, or other services or § 382.9 systems: neurological, musculoskeletal, accommodations required by this part: § 382.23(e) special sense organs, respiratory including (1) Purchases or possesses a valid ticket for § 382.33(d) speech organs, cardio-vascular, reproductive, air transportation on an air carrier and § 382.51 digestive, genito-urinary, hemic and presents himself or herself at the airport for § 382.53(c). lymphatic, skin, and endocrine; or the purpose of traveling on the flight for (2) any mental or psychological disorder, which the ticket has been purchased or (g) The compliance date for the following such as mental retardation, organic brain obtained; and provisions for this part is October 5, 1990: syndrome, emotional or mental illness, and (2) Meets reasonable, nondiscriminatory specific learning disabilities. contract of carriage requirements applicable § 382.35 (b)(2), (b)(3) The term physical or mental impairment to all passengers; § 382.41(g), with respect to the acceptance includes, but is not limited to, such diseases and stowage of batteries requiring hazardous and conditions as orthopedic, visual, speech,
3 Scheduled air service means any flight (a) Nondiscrimination on the basis of (4)(i) Aircraft with more than 60 passenger scheduled in the current edition of the Official disability, consistent with this part, by such seats having an accessible lavatory, whether Airline Guide, the carrier’s published contractors in activities performed on behalf or not required to have such a lavatory by schedule, or the computer reservation system of the carriers; and paragraph (a)(3) of this section, shall be used by the carrier. equipped with an operable on-board (b) That contractor employers will comply wheelchair for the use of passengers. § 382.7 General prohibition of with directives issued by carrier complaints discrimination. resolution officials (CROs) under § 382.65. (ii) The carrier shall ensure that an operable on-board wheelchair is provided for a flight (a) A carrier shall not, directly or through §§ 382.11--382.19 [Reserved] using an aircraft with more than 60 passenger contractual, licensing, or other arrangements: seats on the request (with advance notice as provided in § 382.33(b)(8)) of a qualified (1) Discriminate against any otherwise SUBPART B -- REQUIREMENTS individual with a disability who represents to qualified individual with a disability, by CONCERNING FACILITIES the carrier that he or she is able to use an reason of such disability, in the provision of inaccessible lavatory but is unable to reach air transportation; § 382.21 Aircraft accessibility. the lavatory from a seat without the use of an on-board wheelchair. 1 (2) Require a person with a disability to (a) The following requirements apply to accept special services (including, but not new aircraft operated under 14 CFR part 121 (iii) On-board wheelchairs shall include limited to, preboarding) not requested by the and ordered by the carrier after April 5, 1990 footrests, armrests which are movable or passenger; or delivered to the carrier after April 5, 1992: removable, adequate occupant restraint systems, a backrest height that permits (3) Exclude a qualified individual with a (1)(i) Aircraft with 30 or more passenger assistance to passengers in transferring, disability from or deny the person the benefit seats on which passenger aisle seats have structurally sound handles for maneuvering of any air transportation or related services armrests shall have movable aisle armrests on the occupied chair, and wheel locks or that are available to other persons, even if at least one-half of passenger aisle seats. another adequate means to prevent chair there are separate or different services movement during transfer or turbulence. The available for persons with a disability except (ii) Such armrests are not required to be chair shall be designed to be compatible with when specifically permitted by another provided on aisle seats on which a movable the maneuvering space, aisle width, and seat section of this part; or, armrest is not feasible or aisle seats which a height of the aircraft on which it is to be used, passenger with a mobility impairment is and to be easily pushed, pulled, and turned in (4) Take any action adverse to an precluded from using by an FAA safety rule. the cabin environment by carrier personnel. individual because of the individual’s assertion, on his or her own behalf or through (iii) For aircraft equipped with movable (b)(1) Except as provided in paragraph or behalf of others, of rights protected by this aisle armrests as required by this paragraph, (b)(2) of this section, aircraft in service on the part or the Air Carrier Access Act. carriers shall configure cabins, or establish effective date of this part (April 5, 1990) shall administrative systems, to ensure that not be required to be retrofitted for the sole (b) If an indirect air carrier provides individuals with mobility impairments or purpose of enhancing accessibility. facilities or services for passengers that are other persons with disabilities can readily covered for other carriers by sections 382.21- obtain seating in rows with movable aisle (2) No later than April 5, 1992, each carrier 382.55, the indirect air carrier shall do so in a armrests. shall comply with the provisions of paragraph manner consistent with those sections. (a)(4) of this section with respect to all (2) Aircraft with 100 or more passenger aircraft with more than 60 passenger seats (c) Carriers shall, in addition to meeting the seats shall have a priority space in the cabin operated under 14 CFR part 121. other requirements of this part, modify designated for stowage of at least one folding policies, practices, or facilities as needed to wheelchair; (c) Whenever an aircraft operated under ensure nondiscrimination, consistent with the 14 CFR part 121 which does not have the standards of section 504 of the Rehabilitation (3) Aircraft with more than one aisle in accessibility features set forth in paragraph (a) Act, as amended. Carriers are not required to which lavatories are provided shall include at of this section undergoes replacement of cabin make modifications that would constitute an least one accessible lavatory. This lavatory interior elements or lavatories, or the undue burden or would fundamentally alter shall permit a qualified individual with a replacement of existing seats with newly their program. disability to enter, maneuver within as manufactured seats, the carrier shall meet the necessary to use all lavatory facilities, and requirements of paragraph (a) of this section § 382.9 Assurances from contractors. leave, by means of the aircraft’s on-board with respect to the affected feature(s) of the wheelchair. The accessible lavatory shall aircraft. Carriers’ contracts with contractors who afford privacy to persons using the on-board provide services to passengers, including wheelchair equivalent to that afforded carriers’ agreements of appointment with ambulatory users. The lavatory shall provide travel agents (excluding travel agents who are door locks, accessible call buttons, grab bars, 1 not U.S. citizens who provide services to air faucets and other controls, and dispensers The Aerospatiale/Aeritalia ATR-72 and the British carriers outside the United States, its usable by qualified individuals with a Aerospace Advanced Turboprop (ATP), in territories and commonwealths), shall include disability, including wheelchair users and configurations having between 60 and 70 passenger seats, are exempt from this requirement. See 57 FR a clause assuring: persons with manual impairments; 12872, April 14, 1992.
4 (d) Aircraft operated under 14 CFR part of accessible facilities and services to 121 with fewer than 30 passenger seats (with individuals with disabilities as required by § 382.33 Advance notice requirements. respect to the requirements of paragraph this part for carriers and applicable section (a)(1) of this section), fewer than 100 504 and ADA rules of the Department of (a) Except as provided in paragraph (b) of passenger seats (with respect to the Transportation and Department of Justice for this section, a carrier shall not require a requirements of paragraph (a)(2) of this airport operators. qualified individual with a disability to section) or 60 or fewer passenger seats (with provide advance notice of his or her intention respect to the requirements of paragraph [Amdt. 6, 61 FR 56423, Nov. 1, 1996] to travel or of his or her disability as a (a)(4) of this section), and aircraft operated condition of receiving transportation or of under 14 CFR part 135, shall comply with the §§ 382.25--382.29 [Reserved] receiving services or accommodations requirements of this section to the extent not required by this part. inconsistent with structural, weight and balance, operational and interior configuration SUBPART C -- REQUIREMENTS (b) A carrier may require up to 48 hours limitations. CONCERNING SERVICES advance notice and one-hour advance check- in concerning a qualified individual with a (e) Any replacement or refurbishing of the § 382.31 Refusal of transportation. disability who wishes to receive any of the aircraft cabin shall not reduce existing following services, types of equipment, or accessibility to a level below that specified in (a) Unless specifically permitted by a accommodations: this part. provision of this part, a carrier shall not refuse to provide transportation to a qualified (1) Medical oxygen for use on board the (f) Carriers shall maintain aircraft individual with a disability on the basis of his aircraft, if this service is available on the accessibility features in proper working order. or her disability. flight; § 382.23 Airport facilities. (b) A carrier shall not refuse to provide (2) Carriage of an incubator, if this service transportation to a qualified individual with a is available on the flight; (a) This section applies to all terminal disability solely because the person’s facilities and services owned, leased, or disability results in appearance or involuntary (3) Hook-up for a respirator to the aircraft operated on any basis by an air carrier at a behavior that may offend, annoy, or electrical power supply, if this service is commercial service airport, including parking inconvenience crewmembers or other available on the flight; and ground transportation facilities. passengers. (4) Accommodation for a passenger who (b) Air carriers shall ensure that the (c) A carrier shall not refuse to provide must travel in a stretcher, if this service is terminal facilities and services subject to this transportation to qualified individuals with a available on the flight; section shall be readily accessible to and disability by limiting the number of such usable by individuals with disabilities, persons who are permitted to travel on a given (5) Transportation for an electric including individuals who use wheelchairs. flight. wheelchair on a flight scheduled to be made Air carriers shall be deemed to comply with with an aircraft with fewer than 60 seats; this Air Carrier Access Act obligation if they (d) Carrier personnel, as authorized by meet requirements applying to places of 49 U.S.C. 44902, 14 CFR 91.8, or 14 CFR (6) Provision by the carrier of hazardous public accommodation under Department of 121.533, may refuse to provide transportation materials packaging for a battery for a Justice (DOJ) regulations implementing Title to any passenger on the basis of safety, and wheelchair or other assistive device; III of the Americans with Disabilities Act may refuse to provide transportation to any (ADA). passenger whose carriage would violate the (7) Accommodation for a group of ten or Federal Aviation Regulations. In exercising more qualified individuals with a disability, (c) The carrier shall ensure that there is an this authority, carrier personnel shall not who make reservations and travel as a group; accessible path between the gate and the area discriminate against any qualified individual and from which aircraft are boarded. with a disability on the basis of disability and their actions shall not be inconsistent with the (8) Provision of an on-board wheelchair on (d) Systems of inter-terminal provisions of this Part. In the event that such an aircraft that does not have an accessible transportation, including, but not limited to, action is inconsistent with the provisions of lavatory. shuttle vehicles and people movers, shall this Part, the carrier shall be subject to comply with applicable requirements of the remedies provided under § 382.65. (c) If a passenger does not meet advance Department of Transportation’s ADA rule. notice or check-in requirements established (e) When a carrier refuses to provide by a carrier consistent with this section, the (e) The Americans with Disabilities Act transportation to any person on a basis carrier shall nonetheless provide the service, Accessibility Guidelines (ADAAGs), relating to the individual’s disability, the equipment, or accommodation if it can do so including section 10.4 concerning airport carrier shall specify in writing to the person by making a reasonable effort, without facilities, shall be the standard for the basis for the refusal, including, where delaying the flight. accessibility under this section. applicable, the reasonable and specific basis for the carrier’s opinion that transporting the (d) Carriers’ reservation and other (f) Contracts or leases between carriers and person would or might be inimical to the administrative systems shall ensure that when airport operators concerning the use of airport safety of the flight. This written explanation advance notice is provided by qualified facilities shall set forth the respective shall be provided within 10 calendar days of individuals with a disability as provided by responsibilities of the parties for the provision the refusal of transportation. this section, the notice is recorded and
5 properly transmitted to operating employees briefing required by 14 CFR 121.571(a)(3) accommodations, subject to the provisions of responsible for providing the accommodation and (a)(4) or 14 CFR 135.117(b). this section: concerning which notice was provided. (c) If the carrier determines that a person (1) For a passenger who uses an aisle chair (e) If the qualified individual with a meeting the criteria of paragraph (b)(2), (b)(3) to access the aircraft and who cannot readily disability provides the notice required by the or (b)(4) of this section must travel with an transfer over a fixed aisle armrest, the carrier carrier for a service under paragraph (b) of attendant, contrary to the individual’s self- shall provide a seat in a row with a movable this section, the carrier shall ensure that the assessment that he or she is capable of aisle armrest. requested service is provided. traveling independently, the carrier shall not charge for the transportation of the attendant. (2) The carrier shall provide a seat next to a (f) If a qualified individual with a disability passenger traveling with a disability for a provides advance notice to a carrier, and the (d) If, because there is not a seat available person assisting the individual in the individual is forced to change to the flight of a on a flight for an attendant whom the carrier following circumstances: different carrier because of the cancellation of has determined to be necessary, a person with the original flight or the substitution of a disability who has a confirmed reservation (i) When an individual with a disability is inaccessible equipment, the first carrier shall, is unable to travel on the flight, the person traveling with a personal care attendant who to the maximum extent feasible, provide with a disability shall be eligible for denied will be performing a function for the assistance to the second carrier in providing boarding compensation under 14 CFR part individual during the flight that airline the accommodation requested by the 250. personnel are not required to perform (e.g., individual from the first carrier. assistance with eating); (e) For purposes of determining whether a § 382.35 Attendants. seat is available for an attendant, the attendant (ii) When an individual with a vision shall be deemed to have checked in at the impairment is traveling with a reader/assistant (a) Except as provided in this section, a same time as the person with a disability. who will be performing functions for the carrier shall not require that a qualified individual during the flight; or individual with a disability travel with an § 382.37 Seat assignments. attendant as a condition of being provided air (iii) When an individual with a hearing transportation. A concern on the part of (a) Carriers shall not exclude any qualified impairment is traveling with an interpreter carrier personnel that a individual with a individual with a disability from any seat in who will be performing functions for the disability may need to use inaccessible an exit row or other location or require that a individual during the flight. lavatory facilities or may otherwise need qualified individual with a disability sit in any extensive special assistance for personal particular seat, on the basis of disability, (3) For an individual traveling with a needs which carrier personnel are not except in order to comply with the service animal, the carrier shall provide, as obligated to provide is not a basis on which requirements of an FAA safety regulation or the individual requests, either a bulkhead seat the carrier may require an attendant. as provided in this section. or a seat other than a bulkhead seat. (b) A carrier may require that a qualified (b) If a person’s disability results in (4) For a person with a fused or individual with a disability meeting any of the involuntary active behavior that would result immobilized leg, the carrier shall provide a following criteria travel with an attendant as a in the person properly being refused bulkhead seat or other seat that provides condition of being provided air transportation, transportation under § 382.31, and the safety greater legroom than other seats, on the side if the carrier determines that an attendant is problem could be mitigated to a degree that of an aisle that better accommodates the essential for safety: would permit the person to be transported individual’s disability. consistent with safety if the person is seated (1) A person traveling in a stretcher or in a particular location, the carrier shall offer (b) A carrier that provides advance seat incubator. The attendant for such a person the person that particular seat location as an assignments shall comply with the must be capable of attending to the alternative to being refused transportation. requirements of paragraph (a) of this section passenger’s in-flight medical needs; by any of the following methods: (c) If a service animal cannot be (2) A person who, because of a mental accommodated at the seat location of the (1) The carrier may “block” an adequate disability, is unable to comprehend or respond qualified individual with a disability whom number of the seats used to provide the appropriately to safety instructions from the animal is accompanying (see seating accommodations required by this carrier personnel, including the safety briefing § 382.55(a)(2)), the carrier shall offer the section. required by 14 CFR 121.571 (a) (3) and (a)(4) passenger the opportunity to move with the or 14 CFR 135.117(b); animal to a seat location, if present on the (i) The carrier shall not assign these seats to aircraft, where the animal can be passengers not needing seating (3) A person with a mobility impairment so accommodated, as an alternative to requiring accommodations provided under this severe that the person is unable to assist in his that the animal travel with checked baggage. paragraph until 24 hours before the scheduled or her own evacuation of the aircraft; departure of the flight. § 382.38 Seating accommodations. (4) A person who has both severe hearing (ii) At any time up until 24 hours before the and severe vision impairments, if the person (a) On request of an individual who self- scheduled departure of the flight, the carrier cannot establish some means of identifies to a carrier as having a disability shall assign a seat meeting the requirements communication with carrier personnel, specified in this paragraph, the carrier shall of this section to an individual who requests adequate to permit transmission of the safety provide the following seating it.
6 shall implement the requirements of this with a disability, as specified in this section, (iii) If an individual with a disability does paragraph as follows: even if the seat is not otherwise available for not make a request at least 24 hours before the assignment to the general passenger scheduled departure of the flight, the carrier (i) When the passenger with a disability not population at the time of the individual’s shall meet the individual’s request to the described in paragraph (a) of this section request. extent practicable, but is not required to makes a reservation more than 24 hours reassign a seat assigned to another passenger before the scheduled departure time of the (g) If the carrier has already provided a seat in order to do so. flight, the carrier is not required to offer the to an individual with a disability to furnish an passenger one of the seats blocked for the use accommodation required by paragraph (a) or (2) The carrier may designate an adequate of passengers with disabilities listed under (c) of this section, the carrier shall not number of the seats used to provide seating paragraph (a) of this section. reassign that individual to another seat in accommodations required by this section as response to a subsequent request from another “priority seats” for individuals with (ii) However, the carrier shall assign to the individual with a disability, without the first disabilities. passenger any seat, not already assigned to individual’s consent. another passenger, that accommodates the (i) The carrier shall provide notice that all passenger’s needs, even if that seat is not (h) In no case shall any individual be passengers assigned these seats (other than available for assignment to the general denied transportation on a flight in order to passengers with disabilities listed in passenger population at the time of the provide accommodations required by this paragraph (a) of this section) are subject to request. section. being reassigned to another seat if necessary to provide a seating accommodation required (2) A carrier that complies with this section (i) Carriers are not required to furnish more by this section. The carrier may provide this through the “designated priority seats” than one seat per ticket or to provide a seat in notice through its computer reservation mechanism of paragraph (b)(2) of this section a class of service other than the one the system, verbal information provided by shall implement the requirements of this passenger has purchased. reservation personnel, ticket notices, gate paragraph as follows: announcements, counter signs, seat cards or (j) In responding to requests from notices, frequent-flier literature, or other (i) When a passenger with a disability not individuals for accommodations required by appropriate means. described in paragraph (a) of this section this section, carriers shall comply with FAA makes a reservation, the carrier shall assign to safety rules, including those pertaining to exit (ii) The carrier shall assign a seat meeting the passenger any seat, not already assigned seating (see 14 CFR 121.585 and 135.129). the requirements of this section to an to another passenger, that accommodates the individual who requests the accommodation passenger’s needs, even if that seat is not (k) Carriers are required to comply with and checks in at least one hour before the available for assignment to the general this section beginning September 30, 1998. scheduled departure of the flight. If all passenger population at the time of the designated priority seats that would request. § 382.39 Provision of services and accommodate the individual have been equipment. assigned to other passengers, the carrier shall (ii) If such a passenger is assigned to a reassign the seats of the other passengers as designated priority seat, he or she is subject to Carriers shall ensure that qualified needed to provide the requested being reassigned to another seat as provided individuals with a disability are provided the accommodation. in paragraph (b)(2) of this section. following services and equipment: (iii) If the individual with a disability does (d) A carrier that does not provide advance (a) Carriers shall provide assistance not check in at least an hour before the seat assignments shall provide seating requested by or on behalf of qualified scheduled departure of the flight, the carrier accommodations for persons described in individuals with a disability, or offered by air shall meet the individual’s request to the paragraphs (a) and (c) of this section by carrier personnel and accepted by qualified extent practicable, but is not required to allowing them to board the aircraft before individuals with a disability, in enplaning and reassign a seat assigned to another passenger other passengers, including other “pre- deplaning. The delivering carrier shall be in order to do so. boarded” passengers, so that the individuals responsible for assistance in making flight needing seating accommodations can select connections and transportation between gates. (c) On request of an individual who self- seats that best meet their needs if they have identifies to a carrier as having a disability taken advantage of the opportunity to pre- (1) This assistance shall include, as needed, other than one in the four categories listed in board. the services personnel and the use of ground paragraph (a) of this section and as needing a wheelchairs, boarding wheelchairs, on-board seat assignment accommodation in order to (e) A carrier may comply with the wheelchairs where provided in accordance readily access and use the carrier’s air requirements of this section through an with this part, and ramps or mechanical lifts. transportation services, a carrier that assigns alternative method not specified in paragraphs seats in advance shall provide such an (b) through (d) of this section. A carrier (2) Boarding shall be by level-entry loading accommodation, as described in this wishing to do so shall obtain the written bridges or accessible passenger lounges, paragraph. concurrence of the Department of where these means are available. Where these Transportation (Office of the Secretary) means are unavailable, assistance in boarding (1) A carrier that complies with paragraph before implementing the alternative method. aircraft with 30 or fewer passenger seats shall (a) of this section through the “seat-blocking” be provided as set forth in Sec. 382.40, and mechanism of paragraph (b)(1) of this section (f) The carrier shall assign a seat providing assistance in boarding aircraft with 31 or an accommodation requested by an individual more seats shall be provided as set forth in
7 Sec. 382.40a. In no case shall carrier operations with aircraft having 19-30 seat the Jetstream 31, and the Beech 1900 (C and personnel hand-carry a passenger in order to capacity at airports with 10,000 or more D models); provide boarding or deplaning assistance (i.e., annual enplanements. directly pick up the passenger's body in the (iv) Access to any other 19-seat aircraft arms of one or more carrier personnel to (b) Carriers shall, in cooperation with the model determined by the Department of effect a change of level that the passenger airports they serve, provide boarding Transportation to be unsuitable for boarding needs to enter or leave the aircraft). Hand- assistance to individuals with disabilities assistance by lift on the basis of a significant carrying of passengers is permitted only for using mechanical lifts, ramps, or other risk of serious damage to the aircraft or the emergency evacuations. suitable devices that do not require employees presence of internal barriers that preclude to lift or carry passengers up stairs. passengers who use a boarding or aisle chair (3) Carriers shall not leave a passenger with to reach a non-exit row seat. a disability unattended in a ground (c) (1) Each carrier shall negotiate in good wheelchair, boarding wheelchair, or other faith with the airport operator at each airport (5) When boarding assistance is not device, in which the passenger is not concerning the acquisition and use of required to be provided under paragraph independently mobile, for more than 30 boarding assistance devices. The carrier(s) (c)(4) of this section, or cannot be provided as minutes. and the airport operator shall, by no later than required by paragraphs (b) and (c) of this September 2, 1997, sign a written agreement section for reasons beyond the control of the (b) Carriers shall provide services within allocating responsibility for meeting the parties to the agreement (e.g., because of the aircraft cabin as requested by or on behalf boarding assistance requirements of this mechanical problems with a lift), boarding of individuals with a disability, or when section between or among the parties. The assistance shall be provided by any available offered by air carrier personnel and accepted agreement shall be made available, on means to which the passenger consents, by individuals with a disability as follows: request, to representatives of the Department except hand-carrying as defined in of Transportation. § 382.39(a)(2) of this part. (1) Assistance in moving to and from seats, as part of the enplaning and deplaning (2) The agreement shall provide that all (6) The agreement shall ensure that all lifts processes; actions necessary to ensure accessible and other accessibility equipment are boarding for passengers with disabilities are maintained in proper working condition. (2) Assistance in preparation for eating, completed as soon as practicable, but no later such as opening packages and identifying than December 2, 1998 at large and medium (d)(1) The training of carrier personnel food; commercial service hub airports (those with required by § 382.61 shall include, for those 1,200,000 or more annual enplanements); personnel involved in providing boarding (3) If there is an on-board wheelchair on December 2, 1999 for small commercial assistance, training to proficiency in the use the aircraft, assistance with the use of the on- service hub airports (those with between of the boarding assistance equipment used by board wheelchair to enable the person to 250,000 and 1,199,999 annual enplanements); the carrier and appropriate boarding move to and from a lavatory; or December 4, 2000 for non-hub commercial assistance procedures that safeguard the service primary airports (those with between safety and dignity of passengers. (4) Assistance to a semiambulatory person 10,000 and 249,999 annual enplanements). in moving to and from the lavatory, not All air carriers and airport operators involved (2) Carriers who do not operate aircraft involving lifting or carrying the person; or are jointly responsible for the timely and with more than a 19-seat capacity shall ensure complete implementation of the agreement. that those personnel involved in providing (5) Assistance in loading and retrieving boarding assistance are trained to proficiency carry-on items, including mobility aids and (3) Under the agreement, carriers may in the use of the boarding assistance other assistive devices stowed on board in require that passengers wishing to receive equipment used by the carrier and appropriate accordance with § 382.41. boarding assistance requiring the use of a lift boarding assistance procedures that safeguard for a flight using a 19-30 seat aircraft check in the safety and dignity of passengers. (c) Carriers are not required to provide for the flight one hour before the scheduled extensive special assistance to qualified departure time for the flight. If the passenger [Amdt. 6, 61 FR 56423, Nov. 1, 1996] individuals with a disability. For purposes of checks in after this time, the carrier shall this section, extensive special assistance nonetheless provide the boarding assistance § 382.40a Boarding assistance for includes the following activities: by lift if it can do so by making a reasonable large aircraft. effort, without delaying the flight. (1) Assistance in actual eating; (a) Paragraphs (b) and (c) of this section (4) Boarding assistance under the apply to air carriers conducting passenger (2) Assistance within the restroom or agreement is not required in the following operations with aircraft having a seating assistance at the passenger’s seat with situations: capacity of 31 or more passengers at airports elimination functions; with 10,000 or more annual enplanements, in (i) Access to aircraft with a capacity of any situation where passengers are not (3) Provision of medical services. fewer than 19 or more than 30 seats; boarded by level-entry loading bridges or accessible passenger lounges. § 382.40 Boarding assistance for small (ii) Access to float planes; aircraft. (b) Carriers shall, in cooperation with the (iii) Access to the following 19-seat airports they serve, provide boarding (a) Paragraphs (b) and (c) of this section capacity aircraft models: the Fairchild Metro, assistance to individuals with disabilities apply to air carriers conducting passenger using mechanical lifts, ramps, or other
8 suitable devices that do not require employees to pre-board the aircraft may stow his or her to lift or carry passengers up stairs. (d) The training of carrier personnel wheelchair in this area, with priority over the required by Sec. 382.61 shall include, for carry-on items brought onto the aircraft by (c) (1) Each carrier that does not provide those personnel involved in providing other passengers enplaning at the same passenger boarding by level-entry loading boarding assistance, training to proficiency in airport. A individual with a disability who bridges or accessible passenger lounges shall the use of the boarding assistance equipment does not take advantage of a carrier offer of negotiate in good faith with the airport used by the carrier and appropriate boarding the opportunity to preboard may use the area operator at each airport concerning the assistance procedures that safeguard the to stow his or her wheelchair on a first-come, acquisition and use of boarding assistance safety and dignity of passengers. first-served basis along with all other devices. The carrier(s) and the airport passengers seeking to stow carry-on items in operator shall, by no later than March 4, 2002, § 382.41 Stowage of personal the area. sign a written agreement allocating equipment. responsibility for meeting the boarding (3) If an approved stowage area in the assistance requirements of this section (a) All stowage of qualified individuals cabin is not available for a folding, between or among the parties. The agreement with a disability wheelchairs and other collapsible, or break-down wheelchair, the shall be made available, on request, to equipment covered by this Part in aircraft wheelchair shall be stowed in the cargo representatives of the Department of cabins shall be in accordance with 14 CFR compartment. Transportation. 121.589 and 14 CFR 121.285(c) or 14 CFR 135.87, as applicable. (f) When a folding, collapsible, or break- (2) The agreement shall provide that all down wheelchair cannot be stowed in the actions necessary to ensure accessible (b) Carriers shall permit qualified passenger cabin as carry-on baggage, carriers boarding for passengers with disabilities are individuals with a disability using personal shall provide for the checking and timely completed as soon as practicable, but no later ventilators/respirators to bring their return of passengers’ wheelchairs and other than December 4, 2002. All air carriers and equipment, including non-spillable batteries assistive devices as close as possible to the airport operators involved are jointly that meet the requirements of 49 CFR door of the aircraft, so that passengers may responsible for the timely and complete 173.159(d) and any applicable FAA safety use their own equipment to the extent implementation of the agreement. regulations, on board the aircraft and use it. possible, except where this practice would be inconsistent with DOT regulations governing (3) Under the agreement, carriers may (c) Carriers shall permit qualified the transportation of hazardous materials. require that passengers wishing to receive individuals with a disability to stow canes and boarding assistance requiring the use of a lift other assistive devices on board the aircraft in (1) At the request of the passenger, the for a flight check in for the flight one hour close proximity to their seats, consistent with carrier may return wheelchairs or other before the scheduled departure time for the the requirements of FAA safety regulations assistive devices to the passenger at the flight. If the passenger checks in after this for carry-on items. baggage claim area instead of at the door of time, the carrier shall nonetheless provide the the aircraft. boarding assistance by lift if it can do so by (d) Carriers shall not, in implementing their making a reasonable effort, without delaying carry-on baggage policies, count toward a (2) In order to achieve the timely return of the flight. limit on carry-on items any assistive device wheelchairs, passengers’ wheelchairs and brought into the cabin by a qualified other assistive devices shall be among the first (4) Level-entry boarding assistance under individual with a disability. items retrieved from the baggage the agreement is not required with respect to compartment. float planes or with respect to any widebody (e) Carriers shall provide for on-board aircraft determined by the Department of stowage of passengers’ wheelchairs (3) Wheelchairs and other assistive devices Transportation to be unsuitable for boarding (including collapsible or break-down battery- shall be stowed in the baggage compartment assistance by lift, ramp, or other device on the powered wheelchairs, subject to the with priority over other cargo and baggage. basis that no existing boarding assistance provisions of paragraph (g)(5) of this section) Where this priority results in passengers’ device on the market will accommodate the as carry-on baggage as follows: baggage being unable to be carried on the aircraft without a significant risk of serious flight, the carrier shall make its best efforts to damage to the aircraft or injury to passengers (1) Carriers shall permit the stowage of ensure that the other baggage reaches the or employees. wheelchairs or components of wheelchairs in passengers’ destination within four hours of overhead compartments and under seats, the scheduled arrival time of the flight. (5) When level-entry boarding assistance is consistent with the requirements of FAA not required to be provided under paragraph safety regulations for carry-on items. (g) Whenever baggage compartment size (c)(4) of this section, or cannot be provided as and aircraft airworthiness considerations do required by paragraphs (b) and (c) of this (2) In an aircraft in which a closet or other not prohibit doing so, carriers shall accept a section (e.g., because of mechanical problems approved stowage area is provided in the passenger’s battery-powered wheelchair, with a lift), boarding assistance shall be cabin for passengers’ carry-on items, of a size including the battery, as checked baggage, provided by any available means to which the that will accommodate a folding, collapsible, consistent with the requirements of 49 CFR passenger consents, except hand-carrying as or break-down wheelchair, the carrier shall 175.10(a)(19) and (20) and the provisions of defined in Sec. 382.39 (a)(2). designate priority stowage space, as described paragraph (f) of this section. below, for at least one folding, collapsible, or (1) Carriers may require that qualified (6) The agreement shall ensure that all lifts break-down wheelchair in that area. A individuals with a disability wishing to have and other accessibility equipment are individual with a disability who takes battery-powered wheelchairs transported on a maintained in proper working condition. advantage of a carrier offer of the opportunity flight (including in the cabin) check in one
9 hour before the scheduled departure time of (b) With respect to domestic transportation, (3) Individual safety briefings for qualified the flight. If such an individual checks in after the baggage liability limits of 14 CFR part individuals with a disability shall be this time, the carrier shall nonetheless carry 254 do not apply to liability for loss, damage, conducted as inconspicuously and discreetly the wheelchair if it can do so by making a or delay concerning wheelchairs or other as possible; reasonable effort, without delaying the flight. assistive devices. The criterion for (2) If the battery on the individual’s calculating the compensation for a lost, (4) Carrier personnel shall not require any wheelchair has been labeled by the damaged, or destroyed wheelchair or other qualified individual with a disability to manufacturer as non-spillable as provided in assistive device shall be the original purchase demonstrate that he or she has listened to, 49 CFR 173.159(d)(2), or if a battery- price of the device. read, or understood the information presented, powered wheelchair with a spillable battery is except to the extent that carrier personnel loaded, stored, secured and unloaded in an (c) Carriers shall not require qualified impose such a requirement on all passengers upright position, the carrier shall not require individuals with a disability to sign waivers of with respect to the general safety briefing, and the battery to be removed and separately liability for damage to or loss of wheelchairs shall not take any action adverse to a qualified packaged. Notwithstanding this requirement, or other assistive devices. individual with a disability on the basis that carriers may remove and package separately the person has not “accepted” the briefing. any battery that appears to be damaged or § 382.45 Passenger information. leaking.2. (c) Each carrier shall ensure that qualified (3) When it is necessary to detach the (a) A carrier shall make available, on individuals with a disability, including those battery from the wheelchair, carriers shall, request, the following information concerning with vision or hearing impairments, have upon request, provide packaging for the facilities and services related to the provision timely access to information the carrier battery meeting the requirements of 49 CFR of air transportation to qualified individuals provides to other passengers in the terminal or 175.10(a)(19) and (20) and package the with a disability. This information shall on the aircraft (to the extent that it does not battery. Carriers may refuse to use packaging pertain to the type of aircraft and, where interfere with crewmembers’ safety duties as materials or devices other than those they feasible, the specific aircraft scheduled for a set forth in FAA regulations) including, but normally use for this purpose. specific flight: not limited to, information concerning (4) Carriers shall not drain batteries. ticketing, flight delays, schedule changes, (5) At the request of a passenger, a carrier (1) The location of seats, if any, with connections, flight check-in, gate shall stow a folding, break-down or movable armrests and any seats which the assignments, and the checking and claiming collapsible battery-powered wheelchair in the carrier, consistent with this part, does not of luggage; Provided, That persons who are passenger cabin stowage area as provided in make available to qualified individuals with a unable to obtain such information from the paragraph (e) of this section. If the wheelchair disability; audio or visual systems used by carriers in can be stowed in the cabin without removing airports or on aircraft shall request the the battery, the carrier shall not remove the (2) Any limitations on the ability of the information from carrier personnel. Carriers battery. If the wheelchair cannot be stowed in aircraft to accommodate qualified individuals shall also provide information on aircraft the cabin without removing the battery, the with disabilities, including limitations on the changes that will affect the travel of persons carrier shall remove the battery and stow it in availability of boarding assistance to the with a disability. the baggage compartment as provided in aircraft, with respect to the departure and paragraph (g)(3) of this section. In this case, destination points and any intermediate stops. (d) Carriers shall have, at each airport they the carrier shall permit the wheelchair, with The carrier shall provide this information to use, a copy of this part and shall make it battery removed, to be stowed in the cabin. any passenger who states that he or she uses a available for review by persons with a wheelchair for boarding, even if the passenger disability on request. (h) Individuals with disabilities shall be does not explicitly request the information. permitted to provide written directions [Amdt. 6, 61 FR 56423, Nov. 1, 1996] concerning the disassembly and reassembly of (3) Any limitations on the availability of their wheelchairs. storage facilities, in the cabin or in the cargo § 382.47 Accommodations for persons bay, for mobility aids or other equipment with hearing impairments. § 382.43 Treatment of mobility aids and commonly used by persons with a disability; assistive devices. (a) Each carrier providing scheduled air (4) Whether the aircraft has an accessible service, or charter service under section 401 (a) When wheelchairs or other assistive lavatory. of the Federal Aviation Act, and which makes devices are disassembled by the carrier for available telephone reservation and stowage, the carrier shall reassemble them (b) The following provisions govern the information service available to the public and ensure their prompt return to the provision of individual safety briefings to shall make available a telecommunications individual with a disability. Wheelchairs and qualified individuals with a disability: device for the deaf (TDD) service to enable other assistive devices shall be returned to the persons with hearing impairments to make passenger in the condition received by the (1) Individual safety briefings shall be reservations and obtain information. The TDD carrier. conducted for any passenger where required service shall be available during the same by 14 CFR 121.571 (a)(3) and (a)(4) or hours as the telephone service for the general 14 CFR 135.117(b); public and the response time for answering calls shall be equivalent. Users of the TDD (2) Carrier personnel may offer an service shall not be subject to charges for a 2 EDITORIAL NOTE: As stated in the preamble individual briefing to any other passenger; call that exceed those applicable to other users discussion of this provision (63 FR 10534), carriers of the telephone information and reservation may deny transportation for the battery if the service. potential safety hazard is serious enough.
10 the carrier is not required to provide a private passenger’s travel, the carrier shall permit the (b) In aircraft in which safety briefings are screening. passenger to travel at a later time (up to 90 presented to passengers on video screens, the days from the date of the postponed travel) at carrier shall ensure that the video presentation § 382.51 Communicable diseases. the fare that would have applied to the is accessible to persons with hearing passenger’s originally scheduled trip without impairments. (a) Except as provided in paragraph (b) of penalty or at the passenger’s discretion, this section, a carrier shall not take any of the provide a refund for any unused flights, (1) Except as provided in paragraph (b)(2) following actions, with respect to a person including return flights. of this section, the carrier shall implement this who is otherwise a qualified individual with a requirement by using open captioning or an disability, on the basis that the individual has (6) Upon the passenger’s request, the inset for a sign language interpreter as part of a communicable disease or infection: carrier shall provide to the passenger a written the video presentation. explanation of any action taken under this (1) Refuse to provide transportation to the paragraph within 10 days of the request. (2) A carrier may use an equivalent non- person; video alternative to this requirement only if (c) If a qualified individual with a disability neither open captioning nor a sign language (2) Require the person to provide a medical with a communicable disease or infection of interpreter inset could be placed in the video certificate; or the kind described in paragraph (b) of this presentation without so interfering with it as section presents a medical certificate to the to render it ineffective or would be large (3) Impose on the person any condition, carrier, as provided in § 382.53(c)(2), the enough to be readable. restriction, or requirement not imposed on carrier shall provide transportation to the other passengers. individual, unless it is not feasible for the (3) Carriers shall implement the carrier to implement the conditions set forth requirements of this section by substituting (b)(1) The carrier may take the actions in the medical certificate as necessary to captioned video materials for uncaptioned listed in paragraph (a) of this section with prevent the transmission of the disease or video materials as the uncaptioned materials respect to an individual who has a infection to other persons in the normal are replaced in the normal course of the communicable disease or infection only if the course of a flight. carrier’s operations. individual’s condition poses a direct threat to the health or safety of others. [Amdt. 6, 61 FR 56423, Nov. 1, 1996] § 382.49 Security screening of passengers. (2) For purposes of this section, a direct § 382.53 Medical certificates. threat means a significant risk to the health or (a) Qualified individuals with a disability safety of others that cannot be eliminated by a (a) Except as provided in this section, a shall undergo security screening in the same modification of policies, practices, or carrier shall not require a person who is manner, and be subject to the same security procedures, or by the provision of auxiliary otherwise a qualified person with a disability requirements, as other passengers. Possession aids or services. to have a medical certificate as a condition for by a qualified individual with a disability of being provided transportation. an aid used for independent travel shall not (3) In determining whether an individual subject the person or the aid to special poses a direct threat to the health or safety of (b)(1) A carrier may require a medical screening procedures if the person using the others, a carrier must make an individualized certificate for a qualified individual with a aid clears the security system without assessment, based on reasonable judgment disability -- activating it. Provided, That this paragraph that relies on current medical knowledge or shall not prohibit security personnel from on the best available objective evidence, to (i) Who is traveling in a stretcher or examining a mobility aid or assistive device ascertain: the nature, duration, and severity of incubator; which, in their judgment, may conceal a the risk; that the potential harm to the health weapon or other prohibited item. Security and safety of others will actually occur; and (ii) Who needs medical oxygen during a searches of qualified individuals with a whether reasonable modifications of policies, flight, as provided in 14 CFR 121.574; or disability whose aids activate the security practices, or procedures will mitigate the risk. system shall be conducted in the same manner (iii) Whose medical condition is such that as for other passengers. Private security (4) In taking actions authorized under this there is reasonable doubt that the individual screenings shall not be required for qualified paragraph, carriers shall select the alternative, can complete the flight safely, without individuals with a disability to a greater consistent with the safety and health of other requiring extraordinary medical assistance extent, or for any different reason, than for persons, that least restrictive from the point of during the flight. other passengers. view of the passenger with the communicable disease. For example, the carrier should not (2) For purposes of this paragraph, a (b) Except as provided in paragraph (c) of refuse to provide transportation to an medical certificate is a written statement from this section, if a qualified individual with a individual if provision of a medical certificate the passenger’s physician saying that the disability requests a private screening in a or reasonable modifications to practices, passenger is capable of completing a flight timely manner, the carrier shall provide it in policies, or procedures will mitigate the risk safely, without requiring extraordinary time for the passenger to enplane. of communication of the disease to others to medical assistance during the flight. extent that would permit the individual to (c) If a carrier employs technology that can travel. (c)(1) If a qualified individual with a conduct an appropriate screening of a disability has a communicable disease or passenger with a disability without (5) If an action authorized under this infection of the kind described in § 382.51(b), necessitating a physical search of the person, paragraph results in the postponement of a a carrier may require a medical certificate.
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