Does the Air Carrier-Access Act Cover All Aircraft? Ask Marissa Bode

    Established long before the Americans with Disabilities Act, the Air Carrier Access Act (ACAA) covers accessible air travel on all US airlines, as well as flights on all airlines to and from the US.  But does it cover all types of airplanes, including those small planes which board from stairs on the tarmac? The short answer is no, and that issue was recently brought to light when actress Marissa Bode was recently denied boarding on a Southern Airways (https://www.iflysouthern.com/) commuter flight.

    What the ACAA Says

    According to the ACAA, lift or ramped boarding must be provided on all covered aircraft. And while most commercial aircraft are covered under the law, there are some exclusions. In fact § 382.97 of the ACAA specifically lists those exclusions. They include:

    • Float Planes
    • Aircraft with fewer than 19 seats
    • Fairchild Metro
    • Jetstream 31 and 32
    • Beech 1900 (C and D models)
    • Embraer EMB-120

    It also excludes any other aircraft model determined by the Department of Transportation (DOT) to be unsuitable for boarding and deplaning assistance by lift, ramp, or other suitable device. And the DOT makes that determination if no existing boarding and deplaning assistance device on the market will accommodate the aircraft without a significant risk of serious damage to the aircraft or injury to passengers or employees; or if there are internal barriers that would prevent passengers in an aisle chair from reaching a non-exit row seat.

    Southern Airlines is a small commuter airlines which flies the Cessna Grand Caravan 208, which typically seats between 8 and 14 passengers and one pilot. Standard commuter configurations generally hold 10 to 12 passengers, but tighter seat configurations can accommodate up to 14 passengers. In short, it’s less than the 19 passenger requirement under the ACAA, so yes this aircraft is exempt from the ACAA, and not required to carry wheelchair passengers.

    What Happened to Marissa Bode?

    According to news accounts Marissa Bode  discovered this when she was booked on a Southern Airlines flight to attend a speaking engagement in Pennsylvania. Although Bode had some problems locating her virtual ticket at the airport, the real problem arose when she got to the gate and was questioned about her physical abilities. When she replied that she couldn’t stand up and walk, the staff informed he that she couldn’t fly because she needed to climb up a flight of stairs to board the small plane.

    In the end, the actress drove three hours to her speaking engagement.

    So is Southern Airlines at fault for this denied boarding? Although they followed the letter of the law as to whether or not wheelchairs are allowed on this small commuter plane, there is an issue about the information that was provided to Bode’s “team”.

    According to Bode, her people spoke to the airline in advance of the flight and the customer service personnel “fully assured” her manager that they would be able to accommodate Bode and her wheelchair. That’s where the airline dropped the ball, because under the ACAA airlines are also required to provide accurate information to passengers regarding the carriage and stowage of all assistive devices. And according to the actress’ accounts, Southern Airlines failed in that respect. If the airline would have communicated accurate information, the Southern Airlines flight would not have been booked, and Bode would never have been denied boarding.

    So yes, Southern Airlines did drop the ball, but not for not carrying wheelchairs on their commuter aircraft. They violated the ACAA for not communicating the correct information to a potential passenger. So no, you can’t fly this airline in a wheelchair, but they do need to improve their employee training and customer service.