1 flying the friendly skies: an overview of the air carrier access act (acaa) developed by the...

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Flying the Friendly Skies:

An Overview of the Air Carrier Access Act

(ACAA)

Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094

© 2008 All Rights Reserved.

May 2008

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Training Objectives

• Review statistics regarding airline travel for individuals with

disabilities.

• Discuss the obstacles facing travelers with disabilities.

• Increase understanding & knowledge of the

Air Carrier Access Act (ACAA).

• Discuss the ACAA Part 382 implementing regulations.

• Share tips for travelers with disabilities.

• Identify resources for understanding the ACAA.

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Americans with Disabilities

Disability is not the experienceof a minority of Americans.

Rather, it is an experience that will touch most Americans at some point

during their lives. President George W. Bush

New Freedom Initiative

February 1, 2001

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Americans with Disabilities

We are facilitating living a fuller life,

and air travel is essential to a full life.

Kate Hunter ZaworskiDirector, National Center for Accessible Transportation

Oregon State University

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Statistics

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Statistics• Who is flying?

– 31.49% of people with disabilities (approximately 17 million people)

– 40.10% of travelers without disabilities took at least one flight of over 100 miles in 2001

Source:

U.S. Department of Transportation, Bureau of Transportation Statistics2002 National Transportation Availability and Use Surveywww.bts.gov/publications/freedom_to_travel/html/table_28.html

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Statistics• Travel Dollars

– $13.6 billion spent by travelers with disabilities on an annual basis

– $3.3 billion spent on airfare– Revenues could easily double if

certain needs were met and obstacles were removed

Source:Press Release: Disability Travel On The Rise Despite Barriers To AccessAugust 1, 2005Open Doors Organizationhttp://opendoorsnfp.org/_wsn/page3.html

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Statistics• Disability-Related Complaints

(Reported to U.S. Department of Transportation)

– January-December 2007• 480 Disability Discrimination Complaints• Ranked #7 out of 12 Complaint Categories• 13,168 Total Complaints

Source:U.S. Department of Transportation Air Travel Consumer Report (February 2008)http://airconsumer.ost.dot.gov/reports/2008/feburary/200802atcr.pdf (PDF file)

http://airconsumer.ost.dot.gov/reports/2008/feburary/200802atcr.doc (Word file)

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Statistics• Disability-Related Complaints

(Reported to Airlines)

– January-December 2006• 55 US Carriers Reporting• 106 Foreign Air Carriers Reporting• 13,766 Total Complaints

Source:U.S. Department of Transportation Aviation Consumer Protection DivisionAnnual Report On Disability-Related Air Travel Complaints (June 2007)http://airconsumer.ost.dot.gov/publications/GeneralText2006.htm

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• Top 5 Air Carriers with Disability-Related Complaints (2006)

1. American Airlines (3453 Complaints)2. Delta Airlines (1700 Complaints)3. Northwest Airlines (1237 Complaints)4. United Airlines (1130 Complaints)5. Southwest Airlines (686 Complaints)

Statistics

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• Disability-Related Complaints(As reported to the Airlines)

» Failure to Provide Assistance to Wheelchair Users (8488)» “Other” (1579)» Seating Accommodation (1425)» Damage to Assistive Device (871)» Storage and Delay of Assistive Device (517)» Unsatisfactory Info (389)» Service Animals (146)» Refusal to Board Passenger (118)» Aircraft Not Accessible» (101)» Airport Not Accessible (51)» Advance Notice Dispute (33)» Security Issues regarding Disability (31)» Refusal to Board without an attendant (17)

Statistics

Source: airconsumer.ost.dot.gov/publications/2006ComplaintSummary.doc

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Obstacles Facing Travelers with

Disabilities

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Obstacles Facing Travelers with Disabilities

• Reservation Difficulties

– No record of advance requests

– Failure to provide requested, agreed upon services

– Advance seat assignments —could not be scheduled at time of reservation or were not honored at flight time

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• Wheelchairs/Mobility Aids

– Refused to transport motorized wheelchairs, alleging that wet cell batteries are hazardous

– Wheelchairs and other mobility aids are often returned in damaged condition


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• Boarding/Deplaning Aircraft

– Lack of assistance for people with mobility disabilities was often unavailable

– Airline personnel are untrained in transfer protocol resulting in injury during transfer/transport


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• Accessibility and Communication

– Lack of accessible ramps/jetways

– Inaccessible bathroom on airplane

– No access to public announcements or safety instructions for travelers who are deaf or hearing impaired


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• Customer Service

– Individual was abandoned or unattended

– Airline personnel did not address the traveler with a disability

– Refused to provide requested assistance


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• Other Issues

– Oxygen: Mishandling/Overcharge/No delivery

– Additional fees charged for requested services

– Required to sign liability waivers


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Air Carrier Access Act Overview and

Part 382 Highlights

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• 49 U.S.C. § 41705www4.law.cornell.edu/uscode/49/41705.html

• Passed by Congress in 1986

• Prohibits U.S. and foreign air carriers from discriminating against an air traveler with a disability because of the disability

Air Carrier Access Act Overview

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• Regulations published in March 1990– Also known as Part 382

(http://airconsumer.ost.dot.gov/rules/382SHORT.htm)

– Amended many times since 1990– Protects travelers with a disability

(including temporary disabilities)– Explains the responsibilities of the air carriers,

the airport operators, and contractors

Air Carrier Access Act Overview

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• Airlines must not:– Discriminate against a qualified individual with

a disability– Refuse transportation to a passenger solely

on the basis of a disability– Limit the number of individuals with

disabilities on a particular flight

Air Carrier Access ActPart 382 Highlights

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• Airlines must not:– Require a passenger with a disability to

travel with an attendant or to present a medical certificate, except in very limited circumstances


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• Airlines must not:– Exclude a passenger with a disability from

any seat in an exit or other row solely on the basis of his or her disability

• Except to comply with FAA safety rules


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• Airlines must not:

– Charge for services that are required by the Part 382 regulations

• Example: Requesting a tip when providing wheelchair service to a passenger.


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• Airlines must:– Provide transportation to an individual with a

disability who has an impairment that:• Affects his or her appearance• Results in involuntary behavior

– Except under limited circumstances even if the disability may offend, annoy, or inconvenience crewmembers or other passengers.


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• Airlines must provide timely:– Enplaning– Deplaning– Connecting assistance

To passengers with disabilities requesting such assistance


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• Airlines must:– Ensure that there is space for at least one

passenger with a disability to stow a folding wheelchair in the cabin of the aircraft

• Aircraft must be:• Designed with a seating capacity of 100 or more seats• Ordered after April 5, 1990,• Delivered after April 5, 1992


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• Airlines must:– Allow passengers to safely stow their

wheelchairs or parts of wheelchairs (e.g., wheels, seats, etc.) in the overhead bin or under seats


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• Airlines must:– Allow a passenger with a disability to stow

his/ her cane or other assistive device inside the cabin of the aircraft close to his/her seat if it fits

• Consistent with FAA safety rules on carry-on items


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• Airlines must:– Provide passengers who are blind or visually-

impaired, passengers who are deaf, hard of hearing, or deaf-blind

• Timely access to the same information given to other passengers at the airport or on the airplane

• Includes, but is not limited to information about:– Gate assignments– Delayed flights– Safety Information


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• Airlines must:– Allow service animals to accompany

passengers with disabilities in the cabin consistent with FAA safety requirements

US Department of TransportationGuidance Concerning Service Animals in Air Transportation

http://airconsumer.ost.dot.gov/rules/20030509.doc


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• Airlines may:– Refuse transportation to the individual with

a disability if transportation of a passenger with a disability would :• Endanger the safety of the aircraft

• Endanger the health or safety of its passengers

• Violate an FAA safety regulation


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• Airlines must:– Have a copy of the Part 382 regulations

available at every airport where they do business.

– Make a copy of the Part 382 regulations available to a passenger, upon request.


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• Airlines must make a:– Complaints Resolution Official (CRO)

available at the airport • in person• by telephone/TTY

The CRO must address disability-related complaints that arise during the travel process at all times when flights are operating at that airport.

Air Carrier Access ActComplaint Process

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• Administrative Complaint with DOT

Aviation Consumer Protection DivisionAttn: C-75-DU.S. Department of Transportation1200 New Jersey Ave, SEWashington, D.C. 20590Email: [email protected]

Website: http://airconsumer.ost.dot.gov/ACAAcomplaint.htm

Complaint Form: http://airconsumer.ost.dot.gov/forms.htm


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• File a lawsuit in Federal Court


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Implementing the Air Carrier Access Act:

A Status Report from the

U.S. Department of Transportation

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Implementing the ACAA

• Implementing the Air Carrier Access Act: A Status Report From the Department of Transportation (November 2007)

– http://airconsumer.ost.dot.gov/legislation/acaa/Disability%20Newsletter%20Updated%202007.doc

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• DOT Enforcement Actions– In-depth investigations of major air

carriers • Stowage of at least one passenger’s standard

sized wheelchair in “new’ aircraft• Boarding and Wheelchair Assistance• Failure to file annual reports detailing disability-

related complaints• Passengers denied boarding due to disability

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• DOT Enforcement Actions– Civil Penalties

• $1.8 million for violations of the ACAA (January 2004-November 2007)

• Offset by measures to improve the carriers’ services and to improve the quality of air travel for passengers with disabilities above what is required by DOT rules

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• DOT Compliance Reviews

– Informal reviews to address issues

– Regular meetings with DOT and major airline representatives• By telephone

• Monthly meetings in Washington DC

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• Collaborative Policymaking

– Encourages enhanced cooperation between carriers and disability community organizations

• Air Transport Association• Regional Airline Association• National Council on Disability

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• Rulemaking

– Notice of Proposed Rulemaking (Published November 4, 2004)

• Proposes to:– Amend Part 382 to make foreign air carriers

operating to and from the United States subject to most of the disability-related requirements

– Revise and update the rule

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• Rulemaking

– Notice of Proposed Rulemaking (Published February 23, 2006)

• Proposes to:–Provide for additional accommodations

for air travelers who are deaf, hard of hearing or deaf-blind

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• Rulemaking

– Status of 3 NPRMs• In Final Rule Stage• 3 NPRMs will be combined• Projected Publication Date of New Rule:

May 10, 2008

Current as of May 8, 2008

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• Collaborative Policymaking

– Convene forums

• Exchange ideas• Explore ways of making accessibility in air

travel a reality for all travelers

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• DOT Guidance Documents

– Notice advising foreign air carriers of their coverage under the ACAA (June 1, 2000)

http://airconsumer.ost.dot.gov/rules/foreign.pdf

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– Final Rule: Amendment to the ACAA (May 13, 2008)• Amends the ACAA rules as they apply to foreign air carriers• Adds new provisions concerning passengers who use medical

oxygen• Adds new provisions concerning passengers who are deaf or

hard of hearing• Reorganizes and updates the entire ACAA rule

www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=09000064805aadf2

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– Final rule requiring airports and air carriers to provide boarding assistance to individuals with disabilities by using ramps, mechanical lifts, or other suitable devices where level-entry boarding by loading bridge or mobile lounge is not available on any aircraft with a seating capacity of 31 or more passengers(May 3, 2001)

http://airconsumer.ost.dot.gov/rules/federal_register.htm

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– Fact Sheet: Steps Taken to Ensure New Security Requirements Preserve and Respect the Civil Rights of People with Disabilities(October 29, 2001)

http://airconsumer.ost.dot.gov/rules/20011029.htm

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– Final rule requiring certain U.S. and foreign air carriers to file with DOT detailed statistics on the disability-related complaints received(July 8, 2003)

http://dmses.dot.gov/docimages/pdf86/247795_web.pdf

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– Guidance Concerning Service Animals in Air Transportation(May 9, 2003)

http://airconsumer.ost.dot.gov/rules/20030509.doc

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– Guidance Concerning the Carriage of Service Animals in Air Transportation into the United Kingdom (February 26, 2007)

http://airconsumer.ost.dot.gov/rules/UKServiceAnimalGuidance.doc

(Word file)

http://airconsumer.ost.dot.gov/rules/UK-ServiceAnimalGuidance.pdf

(PDF file)

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– Additional Guidance concerning service animals re travel to the United Kingdom (July 17, 2007)

http://airconsumer.ost.dot.gov/rules/UKServiceAnimalJulyNotice.doc

(word file)

http://airconsumer.ost.dot.gov/rules/UKServiceAnimalJulyNotice.pdf

(PDF file)

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– Passengers With Disabilities: Model Training Program for Airlineshttp://airconsumer.ost.dot.gov/training/index.htm

– Air Travelers With Disabilities:Technical Assistance Manual for Airline Employees, Contractors, and Travelers

http://airconsumer.ost.dot.gov/legislation/acaa/TAM-07-15-05.doc

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• Other DOT Initiatives– Annual Report to Congress including

• A summary of the disability-related complaints data reported to DOT by U.S. and foreign air carriers

• A detailed breakdown of the data for each carrier

– Report is available on DOT websitehttp://airconsumer.ost.dot.gov/publications/GeneralText2006.htm

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• Other DOT Initiatives– DOT and Federal Aviation Administration

(FAA) Collaboration• Started in March 2005• FAA inspectors perform on-site inspections of U.S.

airline aircraft (subject to ACCA regulations)• Use the Aircraft Compliance with Disability Rules

Checklist (developed by DOT)• FAA involvement is limited to conducting inspections

to ensure that aircraft meet the ACAA design requirements

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• Other DOT Initiatives– Toll-Free Hotline for Air Travelers with

Disabilities1-800-778-4838 (voice)1-800-455-9880 (TTY)

– "Real Time" Assistance– Open 7:00 a.m. to 5:00 p.m. Eastern

Monday-Friday, excluding Federal holidays– http://airconsumer.ost.dot.gov/hotline.htm

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Tips for Travelers with Disabilities

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• Ask questions and provide instructions.

• Communicate with airline personnel about your need for boarding assistance and be as specific as possible about the type or level of boarding assistance you require.


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• Take medicines, including syringes, and other assistive devices with you on the plane as a carry-on item.

– Transportation Security Administration (TSA) Memorandum: Changes in Allowances for Persons with Disabilities at Airport Security Checkpoints [related to limit on liquids] (September 25, 2006)www.tsa.gov/assets/pdf/special_needs_memo.pdf

– TSA Guidance for Travelers with Disabilities and Medical Conditionswww.tsa.gov/travelers/airtravel/specialneeds/index.shtm


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• Bring information and useful documentation regarding your wheelchair or other assistive device.

• Be aware that a Complaint Resolution Official (CRO) must be made available to you if you ask to speak with a manager or supervisor about a disability-related complaint.


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• Familiarize yourself with the law and its requirements.

• Request an individual safety briefing, if needed.


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• Understand that there are limitations on accommodations.

• Pre-boarding is as an option, not a requirement.

• Safety must always be considered.


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• Provide specific details about the type of seat that will meet your needs as a passenger with a disability when requesting a seat assignment.

• Make appropriate plans when traveling with a service animal.


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Resources

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Resources

• Toll-Free Hotline for Air Travelers with Disabilities1-800-778-4838 (voice)1-800-455-9880 (TTY)– "Real Time" Assistance– Open 7:00 a.m. to 5:00 p.m. Eastern

Monday-Friday, excluding Federal holidays– http://airconsumer.ost.dot.gov/hotline.htm

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Resources

• Passengers With Disabilities: Model Training Program for Airlines– http://airconsumer.ost.dot.gov/training/index.htm

• Air Travelers With Disabilities: Technical Assistance Manual for Airline Employees, Contractors, and Travelers– http://airconsumer.ost.dot.gov/legislation/acaa/TAM-0

7-15-05.doc

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• 14 CFR Part 382: Nondiscrimination on the Basis of Disability in Air Travel (Regulations)– http://airconsumer.ost.dot.gov/rules/382short.doc

• DOT Industry Letters: Guidance Regarding Aviation Rules and Statute – http://airconsumer.ost.dot.gov/rules/guidance.htm

Resources

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• DOT Annual Report on Disability-Related Air Travel Complaints– http://airconsumer.ost.dot.gov/publications/

GeneralText2006.htm (2007)

• DOT Air Travel Consumer Report– http://airconsumer.ost.dot.gov/reports/index.htm

Resources

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• Implementing the Air Carrier Access Act (ACAA): A Status Report From the Department of Transportation (November 2007)

– http://airconsumer.ost.dot.gov/legislation/acaa/Disability%20Newsletter%20Updated%202007.doc

Resources

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• National Council on DisabilityEnforcing the Civil Rights of Air Travelers with Disabilities: Recommendations for the Department of Transportation and Congress(February 26, 1999)– www.ncd.gov/newsroom/publications/1999/acaa.htm

Resources

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• New Horizons: Information for the Air Traveler with a Disability– http://airconsumer.ost.dot.gov/publications/horizons.htm

• Fly-Rights: A Consumer Guide to Air Travel– http://airconsumer.ost.dot.gov/publications/flyrights.htm

• DLRP Air Carrier Access Act Resource Page– www.dlrp.org/html/guide_to/acaa.html

Resources

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• Aircraft Stowage Procedures for Powered Wheelchairs (September 30, 1988)www.access-board.gov/research/aircraft-stowage.html (HTML) www.access-board.gov/research/aircraft-stowage.pdf (PDF)

• DOT Increases Protections for Air Travelers with Disabilities (May 7, 2008)www.dot.gov/affairs/dot6708.htm

Resources

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Still Have Questions?

Contact the DBTAC: ADA Centers

Telephone

1-800-949-4232 (v/tty)

Internet

www.adata.org