Barry Dobner was looking forward to his birthday vacation in Greece with his wife and a friend. Sadly he never got further than the Manchester airport. Dobner, who is 79 years old, uses a wheelchair due to a stroke. And according to the Dobners, they informed easyJet of this when they made their booking.
And it all seemingly went well when they boarded their flight in Manchester, as Dobner received the required assistance to transfer to the aisle chair and then transfer to his aircraft seat. And then this wheelchair-user was denied passage on easyJet.
So how did the issue arise that led to him being deplaned? Well apparently either the flight attendant or a passenger overheard someone in Dobner’s party talking about a portable urinal that was stowed in a carry-on bag. Subsequently a flight attendant approached the Dobner party to question them about it; and his wife subsequently informed the flight attendant that yes, they were indeed carrying a portable urinal.
The flight attendant left, and then returned a few minutes later and asked if Mr. Dobner could walk to the toilet. When he replied that he couldn’t — remember he was boarded in an aisle chair — he was told that he would have to deplane.
So What Happened?
Why was this wheelchair-user denied passage on easyJet?
Well according to easyJet it was because he couldn’t get to the lavatory. Now granted they did have an aisle chair on board the aircraft, but according to easyJet, the flight attendants cannot assist with transfers inflight,. They can however push the aisle chair to the lavatory.
It’s unclear if the flight attendant ever asked Dobner if he could transfer unassisted to the aisle chair. Instead she asked if he could “walk to the bathroom”. And quite frankly those are two total different questions. Although Dobner could not walk to the bathroom, he may have been able to transfer to the aisle chair by himself, or with assistance from someone in his party. But apparently that question wasn’t asked.
Generally speaking most flight attendants don’t ask if you can walk to the bathroom if you board in an aisle chair. But apparently the discovery of the portable urinal escalated the issue, and prompted that discussion.
easyJet subsequently issued an apology to the Dobner party for the denied boarding, and then issued a full refund.
But that doesn’t erase the fact that this incident happened. easyJet has had a number of denied boarding incidents for disabled passengers over the years, so it certainly wouldn’t be my first choice for an airline. That said, if you do fly them, it’s a good idea to keep quiet about the portable urinal you may or may not be carrying.
Play it safe — mums the word, when it comes to a portable urinal. Especially on easyJet! And for more tips about flying with a wheelchair, visit www.EmergingHorizons.
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.
Before You Go
The first thing you should do if you are flying with a wheelchair is to learn the law so you know what to expect. The Air Carrier Access Act (ACAA) — not the Americans with Disabilities Act — is that law that covers access on all US carriers, and foreign carriers on flights to and from the US. You can find the ACAA at https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382.
Flying with a wheelchair in some parts of the world can come with some additional problems. If your trip involves domestic flights in Asia, Africa and the Caribbean, learn about the local access laws. Many domestic carriers in these regions have denied boarding to unaccompanied wheelchair-users. Choose your airline carefully.
Request a seat with a flip-up armrest when you make your reservation, as it makes transfers easier.
If you need a non-ticketed escort to accompany you to the gate, advise the airline of this when you make your reservation. Your escort will be asked for photo identification and given a security checkpoint pass.
Even if you don’t routinely use a wheelchair at home, consider requesting an airport wheelchair when you book your reservation if you are a slow walker. Some airports are quite large, and the whole boarding process can involve a lot of walking and standing.
Under the ACAA, airlines are required to carry wheelchairs, other mobility aids and assistive devices free of charge. This can include everything from oxygen concentrators and ventilators, to shower chairs and even catheter supplies. That said, remember to pack medical supplies in a clearly labeled box, and do not mix them with your personal items.
If you are traveling with oxygen or a ventilator, contact the airline to find out about their specific rules and procedures. Some airlines require doctor’s forms, so plan ahead for this.
If you have any questions regarding security screening procedures, call the TSA Cares hotline at (855) 787-2227 at least 72 hours prior to your flight. They will be able to supply you with airport specific information regarding your inquiry.
Download the TSA Notification Card (www.tsa.gov/sites/default/files/disability_notification_card_508.pdf), then fill it out with the specifics of your disability. Hand it to the TSA agent when you get to security. This is especially helpful if you have places on your body that are sensitive or painful to touch.
Finally, it you are flying with a wheelchair and you have any questions about the ACAA, call the DOT Hotline at (800) 778-4838.
At the Airport
When flying with a wheelchair, you can stay in your own wheelchair until you get to the gate, if you have non-spillable (gel) batteries. At that time you will be transferred to an aisle chair and boarded, and your wheelchair will be gate checked. If your mobility device does not have non-spillable batteries, you must transfer to an airport wheelchair at check-in, and surrender your wheelchair or scooter at that time.
If your mobility device has lithium ion batteries, contact the specific airline for their rules and regulations. US airlines are allowed to carry mobility devices with lithium ion batteries, however they are not required to do so. Every airline that accepts these devices has their own procedures,
If you use an airport wheelchair, don’t give it up once you get to the gate, because if there is a gate change you won’t have any way to get to the new gate. And sometimes it can be a very long walk.
Always allow extra time to get through security. Carry your wheelchair repair tools in your checked bag. If you encounter any problems at the security checkpoint ask for the Passenger Support Specialist, as these employees have additional training in access issues.
Remember, you are not required to perform any tasks at the security checkpoint that you are physically unable to do. If an TSA employee asks you to stand, walk, or even take off your shoes, just let them know that you are unable to do that.
When flying with a wheelchair, let the gate agent know that you need to preboard the aircraft. This will give you extra time to transfer and stow your gear in a more private setting. And don’t wander off from the boarding area, as you could miss preboarding.
Protect Your Wheelchair
Attach clear assembly and disassembly instructions (in Spanish and English) to your wheelchair or scooter. Photos and illustrations also help.
Remove any loose or protruding parts from your wheelchair or scooter. Protect your joystick with some type of a hard covered object, such as a plastic cup secured with packing tape.
Let a little bit of air out of your wheelchair tires. Carry on all gel cushions. Baggage compartments are not pressurized.
Snap a digital photo of your wheelchair before you board. It’s a good way to document the condition of your assistive device in case of damage.
Make sure you have adequate insurance. US airlines are only liable for the purchase price (not the replacement cost) of assistive devices on domestic flights. And on international flights the airline liability limit for damaged assistive devices is covered under the Warsaw Convention ($25.29/kilo) or the Montreal Convention ($1731 limit).
Put an air tag on your wheelchair. It won’t prevent it from getting misrouted, but at least you will know where it’s at if it doesn’t show up at your gate.
On the Airplane
On aircraft with more than 100 seats, there’s priority storage space aboard for one manual wheelchair. This space is available on a first-come basis, so it pays to get to the boarding area early, to get the first crack at the space.
Make sure an on-board wheelchair is aboard the aircraft before takeoff. If you cannot walk, this is how you will be transported to the lavatory. On-board wheelchairs are required on all aircraft with accessible lavatories, but sometimes they are accidentally offloaded, so it always pays to check.
Consider your toilet options when flying with a wheelchair, and plan ahead. Accessible airline lavatories are available on wide-body (two-aisle) jets. They have to be large enough to accommodate the on-board wheelchair, but in some cases there is not enough room for an attendant. Check out the aircraft diagrams at seatguru.com/ to find planes that have larger accessible restrooms.
If Things Go Wrong
If you encounter any problems when flying with a wheelchair, contact the Complaints Resolution Official (CRO). The CRO is an airline employee that’s specifically trained about the ACAA. All US airlines are required to have a CRO on duty during airport operating hours. Foreign carriers are also required to have a CRO available at airports that serve flights that begin or end in the US.
If your equipment is damaged or you experience a access related service failure, report it to the airline and request compensation. If your assistive device is not usable, be sure to request an appropriate loaner.
And if you experience an access-related service failure, you can also file a ACAA complaint at secure.dot.gov/air-travel-complaint. This complaint will not result in compensation but it can help to make air travel more accessible in the long run.
Barrier-Free Travel National Park Lodges for Wheelers and Slow Walkers
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.
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.