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Electric Vehicle Charging Station Regulations Open for Public Comment

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With the increased popularity of electric vehicles (EVs), more and more charging stations are popping up across the US. The problem is, because it’s a rather new development, these charging stations aren’t specifically addressed in the Americans with Disabilities Act Access Guidelines (ADAAG). In fact they aren’t even covered under any general design standards. But that’s all set to change as the US Access Board recently released their proposed Electric Vehicle Charging Station Regulations; and they are seeking public comments, from end-users, designers and builders on these preliminary regulations. So it’s time to let your voice be heard.

Proposed Electric Vehicle Charging Station Regulations

Even if you don’t use a EV, you still might want to have a look at the proposed regulations, and have your say, because once the regulations are finalized it will be too late. The public comment period is open until November 4, 2024.

And you can be darn sure that the folks that build and design these EV charging stations will certainly have their say; in fact a few of the major players have already voiced their concerns to the US Access Board. One of their concerns is about the “accessible route” to the charging stations. Their claim is that since they lease the space from parking lots and shopping centers, they don’t feel they should have to provide an accessible path of travel to them.

Another issue is size. Space is at a premium, as it’s usually leased and they of course would prefer to have a smaller space The proposed guidelines call for a minimum width of 132 inches and a minimum length of 240 inches with an access aisle. These are larger than standard parking spaces, to allow for access to the charging equipment. Of course the designers want them to be smaller. There would also be no distinction between van accessible spaces and car accessible spaces. Additionally the proposed number of accessible charging spaces will depend on the total number of charging stations.

“Use Last” Model for Accessible Spaces

The US Access Board is also seeking comments about an alternative designation of the accessible charging spaces, in their proposed Electric Vehicle Charging Station Regulations. Specifically they are asking if the “use last model” for accessible charging stations is acceptable. In this model they would require more accessible charging stations, but they would allow everyone to use the accessible spaces if all the other spaces are occupied. The accessible spaces would be labeled with the blue wheelchair pictogram, but it would also include the words “use last”. Under this model, the number of accessible charging spaces would also be increased.

So it would be like accessible bathrooms. They have all the required modifications, and usually have a blue wheelchair on the door, but they can be used by anyone if someone isn’t using it.

That model could lead to a lot of problems. First, there would have to be some sort of education to the public to help them understand the whole “use last” concept; and even then some folks would probably just use the accessible spaces because they were convenient. And to be honest, there’s no real way to enforce it.

Personally, I think it’s a bad idea, as it’s a slippery slope. Look at accessible parking for example. Even with fines, and threatened tows, there’s still an enormous problem with accessible parking abuse. Can you imagine how much worse that would be if you labeled the accessible parking spaces as “use last”?

In any case, I urge you to send your comments in to the access board, to let your voice be heard.

How to Comment

It’s pretty easy to make a public comment on the proposed Electric Vehicle Charging Station Regulations

First off, I encourage you to read a copy of the proposed Electric Vehicle Charging Station Regulations here.

You can make a public comment online at https://www.regulations.gov/document/ATBCB-2024-0001-0001. Click on “comment” to make your comment or “all comments on docket” to read comments that have already been submitted. Sometimes reading other comments can give you an idea of what to say.

Alternatively, you can submit a comment by e-mail at docket@access-board.gov. If you go this route, be sure and include include the docket number –ATBCB-2024-0001– in the subject line of the message.

And finally, you can also submit a comment by postal mail: Office of General Counsel, U.S. Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. And again, be sure and include Include the docket number — ATBCB-2024-0001– in your correspondence.

But don’t tarry, as the public comment period closes on November 4, 2024. After that they will review the comments and make decisions on the final regulations.

 

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Why You Should File an ADA Complaint

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If you’re a member of any online group that focuses on access or disability, chances are you’ve read about more than a few “Americans with Disabilities Act (ADA) access shortfalls”. Granted, in this day and age this shouldn’t happen, but it does. Why? Well the short answer is because there’s no “ADA Police Force” that goes around and looks for access violations. For the most part, the Department of Justice (DOJ) relies on user-input to decide when and where to issue fines or take remedial action. And where does that user-input come from? In a few words, from you and the rest of the general public.

And the good news is, it’s easy to file and ADA complaint. Unfortunately most people just brush off the access shortfalls they encounter, and skip reporting them to the DOJ. It’s true that the DOJ does not move forward and take action on every single complaint; however if they don’t receive any complaints, it virtually guarantees that access shortfalls will remain unchanged. And that’s why we still encounter ADAAG code violations, over 30 years after the ADA was signed by President George Bush.

The ADA Complaint Process

It’s easy to file an ADA complaint. Just go to https://civilrights.justice.gov/report/ and complete the form. Keep it short and sweet and get right to the violation. And try to leave your emotions out of it. A well written concise complaint will get more attention than a wordy unorganized one.

After the DOT receives a complaint, they review it. If there are any questions they will contact you. At the very least they will confirm that they received your complaint.

Next they check to see if the item addressed is covered under the ADA. For example, if someone complains about the height of a hotel bed, no action is taken because bed height is not regulated by the ADA (https://emerginghorizons.com/why-the-ada-doesnt-address-bed-height/). They also make sure that the complaint is in the right department. So if they get a complaint about an air travel issue, they will not address it because air travel is covered under the Air Carrier Access Act, not the ADA.

If the DOJ does decide to move forward with an ADA complaint, there are a few ways things can go. The most popular choice is mediation. This is when they assign an impartial mediator and have the parties sit down in a neutral location and hammer out a workable solution. It’s a little time intensive, but the results are usually worth it.

Of course, the best outcome is when fines are issued or a lawsuit is initiated and remedial action is required. This tends to make companies stand up and take notice. On the other hand, some cases are not pursued. This could be because the DOJ is targeting certain violations, geographic areas or even providers. And the DOJ does look for patterns — like an increase in specific violations — so reporting ADA issues is always good.

Mediation Works!

Just for the record, I do practice what I preach, as I have filed several ADA complaints. All of them were addressed in one way or another, but one of my most successful efforts actually went to mediation.

About 15 years ago I was summoned to jury duty in a small town; and I was totally gob smacked when I discovered that there was not a single accessible restroom in the entire courthouse. I brought this to the attention of a few supervisors and the prevailing attitude seemed to be that anyone with a disability could get excused so they didn’t really need those accessible facilities. But what if they wanted to do their civic duty and serve on a jury? That option was pretty much taken away from them due to the lack of accessible restrooms.

So I filed an ADA complaint. Shortly thereafter I got a phone call saying my complaint was referred to mediation, and that I would be getting a call from the mediator. The mediator called and explained the process and set up a meeting time that worked for all parties. I was expecting something adversarial, but it was all very businesslike. I explained the problem, and of course the city folks claimed “budget issues” but in the end they realized they were obligated to provide accessible facilities at the courthouse.

And it all had a happy ending. Although it didn’t happen overnight, they redid the restrooms in the courthouse and put in a large accessible unit. In my opinion it was a win-win for everyone, and it really took very little effort on my part.

Sometimes Fines are Imposed

The DOJ can also start legal proceedings as the result of an ADA complaint. Such was the result of an ADA complaint filed by one couple against a Columbus, Ohio Holiday Inn Express (https://archive.ada.gov/badrivishal_sa.pdf).

The complaint was filed by the wife of a man who has multiple sclerosis, and requires a roll-in shower to bathe. She reserved an accessible room with a roll-in shower at the property, but when they arrived they discovered that neither of the two accessible rooms had a roll-in shower. Since her husband was unable to use the tub/shower combination in the accessible room, they were forced to relocate to another hotel during the busy Thanksgiving weekend.

The hotel claimed that they were up to code in regards to their accessible facilities; however a subsequent access audit found that there were many ADA violations. Under the DOJ agreement, the hotel was required to remove access barriers in the parking lot, building entrance, public restrooms, front desk, and the routes of travel within the hotel. They were also required to fix the access shortfalls in their accessible rooms, and add one more accessible room to the inventory.

The agreement also required additional training for the hotel staff on how to accommodate guests with a disability. And as part of the settlement, the hotel paid the couple that filed the complaint $20,000. Granted, nobody should have to endure access shortfalls like these in this day and age, but thanks to this complaint, one more property is now truly accessible to wheelchair-users.

Excuses, Excuses!

I’ve been preaching this “file an ADA complaint” mantra for several decades. Many folks are receptive to it, however few follow through with any action. I’ve gotten many excuses for this reluctance. Here are some of my favorites, along with my arguments against them.

“I addressed the issue with the manager who seemed eager to correct things.”

A good manager always makes you feel that your complaint is valid and will be addressed. It’s what happens after you leave that really matters. Many managers won’t take the time to follow up on access related issues. And even if the manager tries to pursue things, if the higher ups nix the idea it’s a no-go. Which is why it’s a good idea to file an ADA complaint, even if you also personally addressed the issue with on-site staff — to make sure that things get fixed.

 

“It takes too long to file a complaint.”

Everything takes time, but truly it takes less time to file and ADA complaint than to tell your story on numerous Facebook groups. It’s all about using time wisely.

 

“I’m not the ADA police.”

Well actually, you are. We don’t have inspectors or officials that go around looking for ADA violations, so the only way they get reported is if average citizens complain. And that means everyone!

 

 “Nothing ever happens with these complaints. It’s just a waste of time.”

The DOJ doesn’t have the staff to address all of the complaints; however a good number are referred to mediation, and some are even pursued legally. You can’t really predict what will happen to any complaint, but you can be sure that the issue won’t be addressed if you don’t submit a complaint.

 

Filing an ADA complaint helps effect change. Just do it.
https://civilrights.justice.gov/report/

 

South Rim Grand Canyon Lodges Closed for Labor Day Weekend

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South Rim Grand Canyon Lodges Closed for Labor Day Weekend

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Due to a break in the Transcanyon Waterline, which supplies potable water to the South Rim of the Grand Canyon, all South Rim Grand Canyon lodges will be closed from August 29, 2024 to September 4, 2024. The closure will allow crews to make emergency repairs to the water system, which has had 85 major breaks since 2010.

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CDC Issues New Rabies Regulations

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The Centers for Disease Control (CDC) recently issued new rabies vaccination and health regulations for all dogs entering the US. This includes service animals, and it also applies to dogs returning to the US. The new rabies regulations, which went into effect on August 1, 2024, require all dogs entering the US to:

  • Be at least six months old
  • Be healthy and disease-free
  • Have an ISO-compatible microchip
  • Have a US-issued Rabies Vaccination form (completed by a USDA-accredited veterinarian) or a USDA export certificate
  • Have a completed CDC Import Form receipt

Why the New Rabies Regulations?

These new regulations replace the old regulations, which were issued in 1956. So why are new rabies regulations necessary?

Although dog rabies was eliminated in 2007, a reintroduction is possible if dogs from high risk rabies countries enter the US unvaccinated. And the US imports approximately 1 million dogs each year.

And then there’s the issue of fraud. There has been widespread fraud in importation documents, and it’s felt that will subside with stricter rules, specifically an ISO-compatible microchip and vaccination and import forms that are completed by a USDA-accredited veterinarian.

Additionally, unhealthy animals that were previously turned away at customs were sometimes housed in unsafe and unsanitary conditions by the importers. With the new rules in place, it’s hoped the incidence of unhealthy or diseased dogs at international border crossings will decrease. In other words since the new process will entail more time and money, it’s believed that only reputable exporters or responsible pet owners will likely complete it.

And finally, it will pretty much bring the US in line with the majority of other countries that have upped their entrance requirements in order to keep rabies at bay.

Rabies Regulations and Service Animals

Will the new rabies regulations be more time consuming for folks with service animals? Probably. People who fly with service animals already have to fill out the DOT forms that list the service animal’s veterinarian and vaccination information. Now a USDA-accredited veterinarian will have to fill out the CDC-required rabies vaccination form and the import form. It will likely involve an office visit and of course a vet bill.

The bigger problem could be finding a USDA-accredited veterinarian. This handy tool can help you find out if your vet is USDA-accredited, or locate one nearby who is. But start early, as some offices may be inundated with people wanting to travel, and others may just stop taking new patients because of the overload.

You’ll also need to make sure your dog’s microchip is ISO-compliant. This means that it has 15 digits which is the international standard. Some older chips may not make the cut, so you may have to have a new one implanted. Your vet can determine if the microchip is ISO-compliant.

And finally, when you do get the paperwork from the vet, make copies. The CDC advises people to travel with at least two copies, in case a customs agent needs to retain one.

And for more information about the rules and regulations about flying with your service animal, visit https://emerginghorizons.com/flying-with-a-service-animal-heres-what-you-need-to-know/.

 

 

 

New Accessible Airline Lavatory Rule — When Will it Happen?

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New Accessible Airline Lavatory Rule — When Will it Happen?

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Nearly a year ago, on July 26, 2023, the Department of Transportation (DOT) announced a new accessible airline lavatory rule. Unfortunately it will still be many years before single aisle aircraft with more than 125 seat have accessible lavatories, but at least it’s a start. The rulemaking process has been going on for quite some time and the DOT took into consideration comments from consumers, airlines and disability organizations.

So here are the highlights of the final accessible airline lavatory rule, along with a timeline for when you can expect to see some changes.

Lavatory Interiors

Under the new rule, US single aisle aircraft with more than 125 seats must include the following features in their lavatories. These features will be required on new aircraft delivered three years after the effective date (2023) of the rule.

  • Grab bars
  • Accessible faucets
  • Accessible call button
  • Accessible door lock
  • Room for onboard wheelchair
  • Ample toe Clearance
  • Privacy screen if door is not able to be closed

So basically you can expect to see start seeing these features in 2026.

But there is a catch. The usual life of a commercial commuter aircraft is 25 years, so only 4 percent of the fleet is replaced annually. This figure is from the DOT. If they start replacing aircraft with ones that include accessible lavatories in 2026 (as required), the entire fleet will not be outfitted with them until 2051. And during that interim time, passengers will not know if they have an accessible lavatory until they board the aircraft.

Onboard Wheelchairs

The new accessible airline lavatory rule also includes a provision that the onboard wheelchair must be maneuverable into the lavatory, so that the wheelchair-user will be able to completely close the door. This also applies to single aisle aircraft with over 125 seats.

Again, aircraft are not required to be retrofitted, and the same timeline applies, so this would begin in 2026 and be fully implemented in 2051.

Accessible Lavatory Space

Perhaps the biggest change with the new accessible airline lavatory rule is the requirement for accessible lavatories to have ample space for a person with a disability and an attendant. More specifically the lavatory must have enough room for two males in the 95th percentile of height and weight (6 ft. 2 in., 246 pounds). That’s a pretty large space and it would make airline lavatories truly wheelchair-accessible. And as with the other regulations this applies to single aisle aircraft with more than 125 seats.

But there is a different implementation time frame for this requirement. Specifically, it’s for aircraft ordered 10 years or delivered 12 years from the effective date. That means this would start in 2036 and 2038, and would be fully implemented in 2061 and 2063. And in the interim you won’t know in advance if your aircraft has a lavatory with this extra space.

To be fair, the preliminary rule required implementation in aircraft ordered 18 years from the effective date or placed into service 20 years from the effective date. On that timeline the fleets would be fully outfitted with accessible lavatories in 2069 and 2071.

I addressed the timeline issue in my public comments to the DOT, as did other folks, so at least they listened a bit. But rulemaking is always a process of give and take.

So bottom line, we will start to see some minor accessibility changes in 2026, with full implementation of this rule in 2071. It’s definitely a step forward, but it’s really for future generations. But then again, so was the ADA. Justin Dart was a visionary but he certainly didn’t live to see the strides in accessibility we have made since the first days of his activism.

How To Tell if You’re Really in a Wheelchair-Accessible Hotel Room

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How To Tell if You’re Really in a Wheelchair-Accessible Hotel Room

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Thanks to modern technology it’s now possible to share your travel photos with friends and family with just a few swipes and a tap or two. And I absolutely love seeing those smiling faces enjoying cruises, beaches and  luxury resorts. But lately I’ve also been seeing another kind of travel post – it usually features a photo of an obviously inaccessible room, with the caption “Really? This is a wheelchair-accessible hotel room?”

And the truth is, well, maybe it isn’t.

 

How Does This Happen?

I’ve looked at thousands of wheelchair-accessible hotel rooms over my career, and I’ve seen just about every kind of access faux-paus you can imagine; however I’ve also had more than a few managers take me to view a supposed “accessible room” only to discover that it wasn’t. So how does that happen? According to many a red-faced hotel manager, “Somehow the rooms type was entered into the computer incorrectly.”

And although this seems like a minor computer error it can wreck havoc on travelers who need a wheelchair-accessible hotel room. Think about it for a minute. You reserve an accessible room, and because the inaccessible room is coded wrong that’s the room you get. Even worse, when you open the door and discover the lack of access and report it to the front desk, the clerk continues to insist that you ARE in an accessible room. Why? Because the computer says so. And believe me, it’s darn near impossible to convince a rank-and-file employee that the computer is wrong.

 

Clues That You Aren’t in a Wheelchair-Accessible Hotel Room

Although access features can and do vary from property to property, there are a few clues that you may have been incorrectly assigned to a standard room, rather than a wheelchair-accessible hotel room (in the US). Here are a few tip-offs.

  • Check the bathroom. Although access features may vary in the shower or tub, check out the toilet area. Are there grab bars by the toilet? If not, you may well be in a standard room, as that’s one access feature that is seldom missed.

 

  • Is the roll-in shower really a low step shower? Many hotels have replaced their tub/shower combinations with low-step showers in their standard rooms. Look inside the shower – if the only access feature you see is a set of grab bars, then you may be in a standard room. In this day and age even standard rooms have shower grab bars for safety, so that by itself doesn’t really indicate you are in an accessible room. Look for a hand-held showerhead.

 

  • It’s also important to note that under the Americans with Disabilities Act, accessible rooms can have either a roll-in shower a tub/shower combination or a transfer-type shower. In fact properties with 50 or fewer rooms aren’t required to have an accessible room with a roll-in shower. That said, if your tub/shower combination only has grab bars, and does not include a hand-held showerhead and some type of shower bench, you may be in a standard room.

 

  • Next, look out in the hallway. Do you see any rooms marked with the wheelchair pictogram? Are there any that have lowered peepholes? These are sure signs of an accessible room. If some rooms have them, but your room lacks them, it may be a sign that you are in a standard room.

 

How to Remedy the Situation

Of course if your room is listed incorrectly in the inventory, you won’t get much satisfaction from the front desk. You will have to go higher. Ask to speak to the manager. Ask the manager what features their wheelchair-accessible rooms have. Tell him that you are supposedly in a wheelchair-accessible room, but your room does not have those features. Then show him photos of the room.

And then perhaps suggest that this room was entered into the inventory incorrectly.

Chances are if this is the case, the manager will find you another room – one that is truly accessible. Of course there’s always the chance that there won’t be any accessible rooms available; in which case you should ask to be accommodated at a nearby property. After all, you did book an accessible room, and the mistake wasn’t your fault.

Granted this is a time consuming – and somewhat frustrating — process, so go ahead and ask to be compensated for your time. You may get some free points or maybe even a free night. In the end, managers want happy customers, so don’t be afraid to ask for whatever you feel you deserve.

 

New Disney Disability Access System Criteria

New Disney Disability Access System Criteria

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Sleeping Beauty Castle

Changes are coming to the Disney Disability Access System (DAS) hat may affect some wheelchair-users and slow walkers. These changes will go into effect on May 20, 2024 at Walt Disney World, and on June 18, 2024 at Disneyland.

The DAS pass allows guests who cannot wait in long lines to go to the ride and schedule a return time. The biggest change in this system is the criteria for qualification. Previously, all “guests who have difficulty tolerating extended waits in a conventional queue environment due to a disability” qualified for the DAS pass. Under the new system, the qualifications have been narrowed to “guests who, due to a developmental disability such as autism or similar, are unable to wait in a conventional queue for a long period of time.” And although some guests who qualify under the new criteria may also have a physical disability, they must also have a developmental disability that renders them unable to wait in long lines.

How the Program Works

Under the old program, guests could meet with a Cast Member at the Disney parks, have a short interview and then get their DAS. Under the new program, all DAS interviews will be done virtually, and they can be done two to 30 days in advance. In-person registration will no longer be an option. Additionally, professionals from Health Alliance will assist Cast Members to determine a guest’s eligibility for a DAS pass.

After you get your DAS pass, you can reserve a return time on rides through the My Disney Experience Mobile app. Guests can only reserve one wait time; and although they won’t have to stand in line, the return time will be comparable to the current waiting time for that ride or attraction. The DAS pass is good for the length of your ticket or 120 days, whichever is shorter. And it’s only good for a total of four people, unless they are immediate family.

The DAS may not be used for guests with a service animal, unless they meet the eligibility criteria for a developmental disability. Instead, guests with a service animal can use the Rider Switch Program. This program allows guests to split their party, and have half of their party board the ride, then have the rest of the party take the ride when they are done. This program is available to guests who have a service animal that cannot board the attraction or who do not want to use the provided kennel.

Why Did the Disney Disability Access System Criteria Change?

So why the big changes to the Disney Disability Access System? There are basically two reasons for this. Improved access and abuse of the previous system.

Years ago wheelchair-users got front-of-line privileges, usually because the entrances were not accessible. They had to go in the exit or an alternate entrance, and since there wasn’t a line at the exit, well they skipped the queue. Today many theme parks have worked hard to make their rides accessible to as many people as possible, so a separate entrance is not necessary.

And that leads to the second reason. Abuse. There’s no shortage of stories about folks who “faked” a disability in order to get a DAS pass. Basically if you rolled into guest services in a wheelchair — your own or not — you got one. Of course that ruined things for folks who really needed the access.

Once such “incident” involved some Manhattan moms who booked an accessible VIP Disney tour through a Florida tour company, even though nobody in the party was disabled. And they saw absolutely nothing wrong with booking an accessible tour to get what they considered concierge access to the front of the line. As one mom told the New York Post, “This is how the 1% does Disney.”

And after that went public, Disney cut their front-of-line policy for wheelchair-users and went to a more stringent evaluation for the DAS. But the latest change to their plan is just an attempt to fine tune it, and to meet the needs of guests with developmental disabilities who just cannot physically wait in long lines.

And with the entrances to most modern rides now being accessible, it makes for a more inclusive environment at Disney parks. So plan ahead for your next Disney visit so you know what to expect.

 

new united wheelchair sizing tool unveiled

New United Airlines Wheelchair Sizer Tool Unveiled

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A new United Airlines wheelchair sizer tool was recently unveiled. This digital tool enables wheelchair-users to select flights that can accommodate their specific assistive devices. Why is this important? Well, some larger wheelchairs will not fit through certain aircraft cargo doors without being titled to the side or back. And in some cases, tilting those wheelchairs could seriously damage them.

The Wheelchair Sizer Tool

So how does this new United Airlines wheelchair sizer tool work? Well basically you enter your flight criteria on the United Airlines website or app, then all the flights that meet your criteria are returned. Next you click on the “wheelchair” tab in the top right, and enter the dimensions and battery type of your wheelchair. Finally, click on “check size” and the tool will return all the flights that can accommodate your wheelchair.

And here’s the great part. If you aren’t able to take your preferred flight because your wheelchair won’t fit through the cargo door, and there are other more expensive flights that can accommodate your wheelchair, you can get a refund of the fare difference.

New United Airlines Wheelchair Sizer Tool Result of ACAA Complaint

So why did United Airlines develop this new wheelchair sizer tool? Well, it was all the result of an Air Carrier Access Act (ACAA) Complaint, and a subsequent settlement agreement between the Department of Transportation (DOT) and United Airlines.

The original ACAA complaint that triggered the DOT investigation was filed by Engracia Figueroa. Unfortunately United Airlines damaged her customized wheelchair and left her sitting in an airport wheelchair for five hours. And perhaps if she knew that she had other flight options, she would have taken an alternate flight, where her wheelchair didn’t have to be twisted, turned and tilted to fit through the cargo door. And all that manhandling was what damaged her $30,000 assistive device.

Sadly Ms. Figueroa’s story had a tragic ending. United initially refused to replace her wheelchair, and although Ms. Figueroa fought this decision, it took a toll on her. She subsequently developed a pressure sore as the direct result of improper seating, and by the time United Airlines finally agreed to replace her wheelchair, it was too late. Ms. Figueroa died from a subsequent infection on October 31, 2021.

Trial Program at IAH

Another provision of the DOT settlement agreement requires United Airlines to implement a six-month pilot program at George Bush Intercontinental Airport (IAH). This trial program will explore additional equipment and service options that can be used to accommodate passengers who have had their customized wheelchairs damaged or delayed.

Specifically, this program focuses on the time frame between a customer’s arrival at the airport and the time that United returns their wheelchair or provides an appropriate loaner. The goal is to make extended waits — like Ms. Figueroa had — safer and more comfortable. To that end, United is equipping their IAH loaner wheelchairs with Permobil cushions, in order to improve comfort and stability. Additionally, the airline is also reimbursing customers for transportation expenses, should there be an extended wait for the return of their assistive service. That way they can opt to wait in a more comfortable setting, such as a hotel or their own home.

The DOT has agreed to close its investigation of the ACAA complaint filed by Ms. Figueroa, in  return for the implementation of these new wheelchair policies. An although it’s great to see these improvements, they wouldn’t be in place had it not for Ms. Figueroa’s ACAA complaint. So remember that the next time you encounter access problems while flying. Filing an ACAA complaint won’t personally help you, but it could help effect change. You can file a ACAA complaint at https://secure.dot.gov/air-travel-complaint.

And lest you think that it’s no big deal, remember that the ACAA has been in effect since 1986. We shouldn’t still be having these problems today. File that complaint if you encounter access-related issues .

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New National Park Access Guide Released!

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I’m thrilled to announce that my newest national park access guide was just released. The second edition of Barrier-Free Travel; Glacier, Yellowstone and Grand Teton National Parks for Wheelchair-Users and Slow Walkers (https://emerginghorizons.com/barrier-free-travel-glacier-yellowstone-and-grand-teton-national-parks-for-wheelchair-users-and-slow-walkers/)

is now available. And I’m happy to report that there’s been improved access in — and around — all three parks.

The second edition includes updated information on:

  • Accessible trails and attractions
  • Access upgrades, details and photos of all in-park lodges
  • Accessible lodging options in gateway communities
  • Barrier-free campgrounds
  • Accessible bus, snowcoach and boat tours
  • Accessible shuttles to and around the parks
  • Insider access tips
  • Fly-drive suggestions with accessible rental vehicle resources
  • National park discounted pass information

This national park access guide was a challenging title for me, as of course Charles and I made numerous treks to all three parks (which we always do); but this time we also had to work our travels around our roles as owner/builders while finishing the construction of our new home. To say that it was delicate balancing act is a huge understatement. And although I wrote a good deal of the book at a picnic table on-site while supervising the construction, I’m pleased to announce that we are now finally settled in our new abode. The other good news is now we are even closer to Glacier, Yellowstone and Grand Teton National Parks, so it will be easier to update future changes.

Access Improvements Galore!

There are of course a lot of changes since the first edition of this national park access guide, but they are good changes. For example Mammoth Hot Springs Hotel renovated their main lodge rooms, and they now have five accessible guest rooms, including three with roll-in showers. And outside the Parks, the new William Bridger Cabins and Glacier Cabin Village both have nice accessible units with roll-in showers.

The in-park concessionaires are doing a great job too, from Xanterra’s accessible Glacier Red Bus Tours to the accessible boat tours down in Grand Teton offered by Jenny Lake Boating. Access is really improving thanks to their efforts.

So grab a copy of my new edition and plan an accessible road trip this year. And don’t forget to get your required entrance permit for Glacier National Park. Plan ahead to avoid disappointment!

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Proposed ACAA Changes up for Public Comment Until Late May

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The Air Carrier Access Act (ACAA), which was first passed in 1986, covers air travel on US airlines and on all flights to and from the US. Fortunately it’s been updated over the years. The most recent update, which was on July 20, 2020, largely addressed access issues on single aisle aircraft with more than 125 seats. The current proposed updates include some service performance recommendations for the airlines, as well as the addition of improved access features on twin aisle aircraft.

Proposed ACAA Changes

Some of the airline service issue proposed changes include:

  • Clarify “safe and dignified assistance for disabled passengers.”
  • Clarify “prompt enplaning and deplaning assistance for disabled passengers.”
  • Make mishandling of assistive devices an ACAA violation (subject to fines).
  • Require airlines to notify passengers when their wheelchairs have been loaded and unloaded from the cargo bay.
  • Require airlines to notify passengers immediately if their assistive device will not fit in the cargo bay.
  • Require airlines to transport delayed wheelchairs within 24 hours.
  • Require airlines to offer passengers a choice between having the airline handle repair to their damaged wheelchair, or letting the passenger deal directly with the vendor of their choice.
  • Require airlines to provide functional loaner wheelchairs in the event of wheelchair damage, and to consult with the passenger regarding their specific needs.
  • Require airlines to provide reimbursement of the fare difference if a passenger has to take a more expensive flight because their wheelchair won’t fit on their original (cheaper) choice.
  • Require airlines to provide enhanced training to employees and contractors who physically assist disabled passengers or handle mobility devices.

The proposed changes for improvement to the access features on twin aisle aircraft include:

  • Set a size standard for accessible lavatories on twin-aisle aircraft. The current standard is “to permit a disabled passenger and their attendant to enter the lavatory”. The proposed standard would be that the lavatory must have enough room for two males in the 95th percentile of height and weight (6 ft. 2 in., 246 pounds). That was the standard that was set for single aisle aircraft with more than 125 seats in the 2020 update.
  • Set new standards for on-board wheelchairs, that would require them to be maneuverable in the accessible lavatories. It would also apply to single aisle aircraft with more than 60 seats.

Airline Costs & Feedback

As far as the costs of these proposed ACAA changes to the airlines, it’s estimated that most of the service issues won’t result in any increased cost. The enhanced training for airline personnel and the improved standards for on-board wheelchairs are the big ticket items though. The former is expected to cost the airlines $5.44 million and the latter is expected to cost them $700,000.

And nobody really knows how much more it will cost the airlines in fines if the mishandling of assistive devices is considered an ACAA violation.

On the other hand, the Department of Transportation (DOT) believes the unquantified benefits of the proposed rule would outweigh the additional costs to the airlines. These benefits include a reduction of injuries and fatalities sustained by disabled passengers while receiving physical assistance from airline personnel, as well as a reduction in injuries from using inappropriate assistive devices after airline loss or damage to personal assistive devices. And I’d say that’s a huge benefit.

Of course the airlines have a different take, which basically boils down to a delaying tactic. Several airlines organizations, including Airlines for America, the International Air Transport Association, the National Air Carriers Association, the Regional Airline Association and the Airline Service Providers jointly submitted public comments to the proposal. They want to delay the May 13, 2024 deadline for comments for 90 days, so the air carriers can have ample time to prepare their responses.

And of course, once the public comment it done, then the DOT takes things under advisement and either issues a final rule or asks for more comments on specific issues. Then when the final rule is adopted, a specific date is set for implementation. So let’s just say that this isn’t a quick process. We don’t need any more delays.

What Can You Do?

Of course the public has a say in these proposed ACAA changes too. And I encourage everyone to make a public comment. You have until May 13, 2024 and it’s easy. Just go to https://www.regulations.gov/commenton/DOT-OST-2022-0144-0225, type in your comment, and then hit “submit”. It’s that easy.

What should you say? Well of course you should encourage the DOT to quickly adopt the proposed rules, but if you have personal experience with accessible air travel that didn’t exactly go as planned then tell your story. What kinds of things should you tell them?

  • If your assistive device was lost or damaged by an airline, how did it affect you?
  • Have you ever had a bad experience or been injured being transferred to or from an aisle chair?
  • Have you ever been given a loaner wheelchair from an airline that didn’t meet your physical needs? How did this affect you?
  • Have you ever flown on a wide body jet but couldn’t access the lavatory because the on-board wheelchair wouldn’t fit inside? What did you do and how did it affect you?
  • Have you ever not been able to fit in the onboard lavatory on a widebody jet? What did you do?
  • Have you ever sat on an airplane for an extended period of time after landing, waiting for you wheelchair to be delivered to the gate?
  • Did you ever arrive at the airport, only to find out that your wheelchair did not fit in the cargo bay? How did the airline handle the situation and what ultimately happened?
  • Have you ever missed a connecting flight because the airline took too long to get your wheelchair back to you?

Let the DOT know about these things!

Afraid to Fly?

Or maybe you’ve never flown, because you are afraid that the airline will damage your wheelchair. Let the DOT know about that too. And if you have friends or family who would benefit from these proposed ACAA changes, speak up on that subject too.

The point is that if we don’t all speak up, then things will never change. Before the ACAA was enacted, some airlines required wheelchair-users to sit on blankets because they were afraid they would soil their seats. The ACAA — which was enacted before the ADA — put a stop to that. And with some comments we can all put a stop to the high incidence of airline damaged wheelchairs, and make flying a reality for more people.

So let your voice be heard. Make that comment today. Once again the link is https://www.regulations.gov/commenton/DOT-OST-2022-0144-0225.

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