If you follow accessible travel at all, you’ve probably noticed an uptick of articles about the possibility of staying in your own wheelchair to fly. A few airlines have released prototypes of “accessible” flip up seating units with wheelchair tie-downs; and a number of disability rights organizations have championed the “flying in your wheelchair” movement.
Ever wonder why some people end up with upgrades and refunds whenever they make a wheelchair-access travel complaint, while others walk away with zero compensation? Truth be told, it’s all in the details. Knowing when to complain, how to complain and who to complain to are the keys to not only resolving the issue at hand, but also to receiving adequate compensation for your inconvenience. So the next time you encounter an access-related problem on the road, follow this roadmap for prompt resolution and adequate compensation.
The first and foremost rule about making a wheelchair-access travel complaint is to address the problem at hand. If your wheelchair arrives damaged, request a suitable loaner from the airline. If that supposedly accessible bus arrives but has two steps, request an appropriate replacement. If you arrive at a hotel to find that they gave your accessible room away, have them find you one at another property. Try and remedy the access shortfall, so you can salvage your vacation and enjoy the rest of your trip.
Additionally, you should try to prevent further damage. In other words, don’t throw the baby out with the bathwater. For example, if you miss a connection because the airline didn’t have a wheelchair waiting at the gate for you, don’t just throw in the towel. Work with the airline to get on the next available flight, so you can at least enjoy part of your vacation.
Don’t be afraid to address your loss while you are trying to mitigate damages, but don’t put a dollar price tag on it. For example, in the case of the missed connection, if the next available flight isn’t until late at night, don’t be afraid to point out that you are missing a whole day of vacation because of their error. And then ask if perhaps an upgrade is available. Keep in mind, this doesn’t wipe the slate clean, but it will make your travels more comfortable.
It’s also a good idea to jot down a few notes about the incident while it’s fresh in your mind. Write down times, dates and names if you have them. Then, put the notebook away, and don’t dwell on the incident. Enjoy what’s left of your vacation, then address the matter when you return home.
The time to file an official wheelchair-access travel complaint with a service provider is after you return from your trip. And although every situation is different, here are some tips to help you approach the official complaint process.
You should also file an official ADA or Air Carrier Access Act (ACAA) complaint when you return home. This can be done in addition to your complaint with the provider, and even if you received compensation from them. This type of a complaint won’t get you anything personally, but it may help effect change.
The Department of Justice (DOJ) and the Department of Transportation (DOT) look for patterns, and the number of complaints against individual companies. If they see a lot of a certain type of complaint, they can issue fines and directives to help avoid future access-related failures. And that in turn may lead to better compliance in the future.
Plus it’s pretty easy to file an official wheelchair-access travel complaint.
If your issue involves travel on a US airline anywhere in the world, or on a foreign airline on a flight to or from the US, then you can file an ACAA complaint. Details about the complaint process can be found at www.transportation.gov/airconsumer/complaints-alleging-discriminatory-treatment-against-disabled-travelers. And the complaint form is located at secure.dot.gov/air-travel-complaint. It’s also a good idea to check out this primer (emerginghorizons.com/the-disabled-air-travelers-bill-of-rights) on your basic rights under the ACAA before you file a complaint.
If your issue involves physical access at a hotel, attraction, restaurant, outdoor area or venue in the United States, then you can file an ADA complaint. Information about an ADA complaint can be found at www.ada.gov/file-a-complaint. And the online form is located at civilrights.justice.gov/report.
Filing an official complaint is the final step in the process. And again, although it won’t benefit you personally, it can help to make the world a more accessible place.
I have a portable dialysis machine that I’ve taken on many road trips, but my next trip requires an airplane flight. Can I take it aboard the aircraft, and can it be carried in the passenger cabin? Will I have to pay an additional baggage fee if I take it with me? Can I also bring my dialysis liquid and supplies with me?
The Air Carrier Access Act requires airlines to permit disabled passengers to bring assistive devices aboard the aircraft, provided they comply with applicable safety, security and hazardous materials rules. A portable dialysis machine is considered an assistive device, so yes, the airlines will usually transport it. Contact you airline well in advance of your flight to find out what documentation is required, and for instructions on how to pack your equipment.
Your portable dialysis machine will be given priority over all other passenger baggage brought into the cabin, provided you preboard the aircraft. If it cannot be accommodated in the passenger cabin (due to size or other issues) it will be transported in the baggage compartment. Since it is considered an assistive device, it will not be counted against your baggage allowance, and you will not be charged for it. And if you run into problems, ask to speak to the CRO (emerginghorizons.com/flying-with-a-wheelchair-remember-the-cro).
All of the above is dependent on the size of your machine. Airlines are not required to transport larger machines, as it would be considered an undue burden to them. Although that determination is made on a case-by-case basis, the Department of Transportation (DOT) feels that dialysis machines that weigh 100 pounds or slightly more (including the case) are of a reasonable size to transport in the baggage compartment.
Dialysis supplies are also included in the assistive device category, however the DOT considers a large supply to be an undue burden to the airlines. The DOT believes that it is reasonable for airlines to limit the quantity of dialysis liquid carried to a one-day or two-day supply. So you may have to plan ahead and ask your supplier if you can have your supplies shipped directly to your hotel or vacation home.
Under the Air Carrier Access Act (ACAA), US airlines are required to accept service animals on all their flights. Additionally, foreign air carriers are required to accept service animals on all flights to and from the US. Psychiatric service animals are treated the same as service animals under the ACAA. Additionally, after the ACAA update in 2021, airlines are no longer required to accommodate emotional support animals. They are now treated as pets and are subject to pet rules and additional charges. So here’s what you need to know about flying with a service animal.
Under the law, a service animal is defined as a dog that is trained to do a specific task or tasks for a person with a disability. Miniature horses are no longer accepted under the ACAA. And under no circumstances are US airlines required to accept unusual species, such as snakes, other reptiles, ferrets, rodents and spiders. Foreign carriers, that fly to and from the US are also required to accept dogs as service animals.
Service animals must be at least four months old; and air carriers are not required to accept service animals in training. There are no breed or weight restrictions; and although most passengers only travel with one service animal, two are allowed if they perform different tasks for the passenger. Additionally, airlines cannot restrict the number of service animals on any flight.
Airlines can require passengers flying with a service animal to submit DOT designed forms that attest to the service animal’s health, behavior and training. Additionally they can require attestation that the service animal will not need to relieve itself, or can relieve itself in a sanitary manner, on flights over eight hours. This documentation must be submitted at least 48 hours prior to departure.
Although most airlines process these DOT forms seamlessly on their own websites, a few use third-party vendors to accomplish this task. And although the same 48-hour advance notice is required, sometimes it’s difficult for third-party vendors to process the forms within this time frame. Check the airline website and allow yourself plenty of extra time if they use a third-party vendor.
Airline personnel are also allowed to seek credible verbal assurance from passengers that they have a disability and require a service animal. If the passenger’s disability is not apparent, airline personnel may question the passenger to determine their need for a service animal, even if the animal has a harness, tag or vest. And finally, if the airline refuses to accept an animal as a service animal, they must explain the reason, and provide written documentation of that decision within 10 days.
Beginning August 1, 2024 any dog entering the US (including service animals) must also meet the new Centers for Disease Control and Prevention (CDC) requirements. All dogs must:
Dogs entering the US must receive the rabies vaccine at least 28 days before entry. It’s recommended that handlers carry duplicate copies of all forms, in case border agents need to retain a copy. Additionally, if a dog is deemed to have a contagious disease by border agents, then additional testing, examination and isolation may be required at the owner’s expense.
These requirements are for animals that are visiting or returning from rabies-free countries. There are additional requirements for animals coming from high-risk rabies countries. For more information about the CDC requirements, visit https://www.cdc.gov/importation/dogs/enter-the-us.html.
Passengers who fly with service animals are allowed to preboard the aircraft; and the service animal must remain tethered and under the passenger’s control for the entire flight.
Passengers who fly with a service animal are guaranteed bulkhead seating under the ACAA; however they are permitted to sit anywhere on the aircraft, except the emergency exit rows. The service animal must not obstruct the aisle or other areas that must remain clear under FAA safety rules. Additionally, the service animal must fit in the handler’s lap or in their foot space, and it must not encroach on another passengers space. If this is a problem, the airline must allow the handler and the service animal to move to another seat where the animal can be accommodated; however they are not required to upgrade the passenger.
Last but not least, service animals must behave appropriately aboard the aircraft, which is usually not an issue for properly trained service animals. And when the airplane lands, airlines are required to provide service animal relief areas for passengers with a service animal. For more information about the updated ACAA that went into effect in 2021, visit https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382
Last but not least, it’s important to understand that most foreign countries also have specific health requirements for all animals — including service animals — that enter the country. This is in addition to any DOT requirements for service animals. For example, even though the DOT forms require information about the animal’s rabies vaccination status, an additional health certificate may be required at the port of entry. Every country is different, and these requirements change often. For more information on specific country requirements, visit https://www.aphis.usda.gov/aphis/pet-travel/take-pet-to-foreign-country. Do your research and plan ahead to avoid disappointment.
Travel by its very nature requires a good amount of preparation, especially when it includes air travel. Factor a disability into that equation and the complexity increases. With that in mind, here are some helpful tips for flying with a wheelchair.
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.
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.
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.
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.
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.
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.
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.
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.
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 .
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.
Some of the airline service issue proposed changes include:
The proposed changes for improvement to the access features on twin aisle aircraft include:
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.
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?
Let the DOT know about these things!
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.
I use a manual wheelchair and I’d like to train my dog to be a service animal so I can travel with him. There are so many places that offer training, certification and registration online, and I really have no idea of where to go. Can you recommend some certified trainers or schools, and also direct me to the official place to register my dog as a service animal?
Service dogs help people in wheelchairs do a number of things. They can pick up things, open and close automatic doors, carry items, turn on lights and even retrieve a wheelchair that’s out of reach. That said, under the Americans with Disabilities Act (ADA), no official training, certification or registration is required for a dog to be considered a service animal. The only requirement is that the animal must perform a task or tasks to assist a person with a disability.
You can certainly self-train your dog to perform tasks to assist you — at home and when you travel. A good way to find an experienced trainer to work with you is to contact your local Center for Independent Living (CIL) and ask them for referrals to trainers that have worked with their clients. CILs are located throughout the US and they offer excellent disability-related resources. Here’s a directory to find one near you. ilru.org/projects/cil-net/cil-center-and-association-directory
There are also a number of reputable organizations that train service dogs and then pair them with folks who need them. These organizations usually begin with puppies and the training takes almost two years. After graduation each dog is paired with a person with a disability, and the team then undergoes additional training at the organization’s facility. Financial aid is usually available, and some service dog organizations operate as non-profits and provide the animals to qualified applicants at no charge. The wait for these animals can be several years; however since you want to train your own dog, these organizations aren’t a viable option for you.
Finally, there are a number of websites that offer service dog certification, registration and equipment. In most cases you should steer clear of these sites, which are more commonly known as card mills. For a fee they will give you a card that says your dog is a service animal, add them to their registry and even send them a vest or a harness. Although there’s nothing technically illegal about this, it’s an unnecessary expense because in most cases you don’t need any official certification, registration or even a card for your dog to be classified as a service animal. Some of these websites also offer to certify dogs as emotional support animals, which are not recognized under the ADA or the Air Carrier Access Act (which governs accessible air travel).
It should also be noted that under the ADA, service animals are not required to wear tags, vests or harnesses that identify them as service animals. All that’s needed is the verbal assurance that the animal preforms tasks for an individual with a disability. Finally, be especially skeptical of any site that claims they are the “official service animal registry”, because according to the ADA there is no such thing.
I’m sure you’ll do a good job training your dog, and in the end you’ll have a great helper.
Flying with a wheelchair for the first time can seem pretty intimidating. That said, it doesn’t have to be. As they say, knowledge is power, and in this case that knowledge comes from the Air Carrier Access Act (ACAA). Not only does this legislation spell out the rules of accessible air travel in the US, but it also covers air travel for foreign airlines on direct flights to and from the US. Additionally it mandates an on-site problem solver for accessible air travel problems. This problem solver is called the Complaints Resolution Official, or the CRO for short. So before your next flight, it pays to learn about the ACAA and the CRO. Not only will this help you know what to expect when you fly, but it will also give you a valuable resource should things go wrong.
Many people incorrectly believe that air travel in the US is covered by the Americans with Disabilities Act (ADA). It is not. It is covered under the ACAA, which actually predates the ADA. And it specifically lays out the rules for accessible air travel on US airlines, as well for foreign airlines on flights to and from the US.
And the good news is that this piece of legislation is written in a user-friendly format. In other words it’s not a jumble of legal terms and phrases, but instead it’s presented as a series of questions and answers about accessible air travel. It covers everything from airport assistance and boarding, to seating, wheelchair stowage and even wheelchair damage. And the best thing that you can do to prepare yourself for your flight is to read the ACAA in it’s entirety at www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382
Reading this legislation is especially important if it’s your first time flying with a wheelchair. Why? Because it will give you a good idea of what to expect when you get to the airport, board the airplane and even arrive at your destination. And once you know what to expect, you will also know when something is going wrong. That’s when the CRO comes into play.
The ACAA also mandates that covered airlines must have a CRO on duty during their operating hours. They can have the CRO available in person or by phone, but they do have to be available when someone requests one. These employees know the ACAA and they have the power to solve problems on the spot. They have the power to overrule every other airline employee — including third party contractors — except the captain of the aircraft.
Once you know the rules for accessible air travel, you will also know when something isn’t going according to the rules. And that’s when you need to speak up for yourself. For example, if an airline employee says that wheelchair-users are not allowed to have aisle seats, and instead insists that you have to sit by the window, then you need to ask for the CRO. In this case, it would first be a good idea to first tell the airline employee that under the ACAA, the only place a wheelchair-user can’t sit is the emergency exit row. And if you still get push back, ask to speak to the CRO.
Now if the airline employee doesn’t know who or what the CRO is, ask to speak to a supervisor. The supervisor definitely knows who the CRO is, and in fact they may even be a CRO. Sometimes inexperienced employees don’t know about the CRO, so don’t be afraid to work your way up the chain of command.
It’s also a good idea to bookmark the ACAA, so you will have easy access to it when you travel. Then if you run into something questionable, you can easily pull it up and show it to the airline employee. Sometimes that works, but in the end the CRO is your best source for immediate resolution.
Although the CRO is the person that can help solve your access related problems on the spot, there are a few more things you should do if you encounter difficulties when you are flying with a wheelchair. Of course first and foremost, you need to address the issue at hand, and try to get it solved by the CRO. But there are also a few more things that you should do when you return home.
First off, file an official complaint with the airline, especially if there was some damage done to your wheelchair or other assistive device. Address the issue and ask for appropriate compensation. When an access-related complaint is filed directly with the airline, they are required to track the resolution and report back to the Department of Transportation (DOT). It should be noted this is the only way to receive monetary damages from an airline, short of going to court.
Finally, it’s also a good idea to file an official ACAA complaint with the DOT after you return. This will not help solve your problem, nor will it get you any monetary compensation, but it could result in airline fines by the DOT. The DOT looks at patterns and if it gets numerous complaints on the same airline about the same thing, it may issue fines to the airlines involved. And remedial training is usually also required when an airline is fined. Although an ACAA complaint won’t benefit you personally it may help effect change and make air travel more accessible for everyone. And it’s easy to do on this online form — secure.dot.gov/air-travel-complaint.
So the next time you encounter problems when flying with a disability, make sure you take all of these measures to remedy the problem.