U.S. Department of Transportation Building
One of the final acts of outgoing Transportation Secretary Pete Buttigieg is codifying rules for passengers using wheelchairs, including defining “safe and dignified assistance” and penalties when it doesn’t happen.
Starting January 16, 2025, passengers who use a wheelchair or other mobility device to travel will have additional protections when boarding or leaving an aircraft.
The U.S. Department of Transportation announced a final rule “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs,” which is designed to strengthen regulations around the Air Carrier Access Act for those with mobility devices.
New Rules Defines “Mishandled” Devices and Resulting Penalties
The final rule comes after more than two years of research and taking to stakeholders, starting with a public meeting in March 2022. The new rule addresses situations where airlines are responsible for mobility devices, and what should happen if one gets misrouted or damaged during travel.
With the new rules, airlines are responsible for safe and dignified assistance for all passengers needing accommodation. This includes “assistance provided in a manner that respects a passenger’s independence, autonomy, and privacy,” such as communicating directly with an individual with the disability instead of a caretaker and providing prompt access to restrooms.
The new rule also clarifies that “airlines must return checked wheelchairs and other assistive devices to the passenger in the condition in which they are received.” Airlines will be required to provide written notice about flyer’s rights when it comes to mishandled luggage, including the right to contact a compliant resolution officer and filing a claim for the damages. In the event a wheelchair or scooter is mishandled, the airline must provide a loaner device which meets the passenger’s “functional and safety-related needs as well as the passenger’s existing device.”
A mobility device is considered “mishandled” if it is lost, delayed, damaged, or stolen. If a device is mishandled, the airline must return it to the passenger within 24 hours for flights 12 hours or less, or within 30 hours on flights longer than 12 hours in duration. Carriers are also responsible for providing a reasonable timeframe to inspect damage to a wheelchair and provide repairs through their avenues or with the traveler’s preferred vendor.
The full text of the new rules can be found on the U.S. Department of Transportation’s website.
Feature image courtesy: kmf164/flickr/CC BY-SA 2.0
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