law

Are Cruise Ships Wheelchair-Accessible?

Are Cruise Ships Wheelchair-Accessible?

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I use a power wheelchair and I’m thinking about taking a cruise with my husband. I’ve never traveled before but a cruise really appeals to me. Are cruise ships wheelchair-accessible? And if so, will they work for my power wheelchair? I’d also appreciate any tips you have for planning a wheelchair-accessible cruise.

Access on the High Seas

The good news is that many cruise ships are wheelchair-accessible. Part of the reason is because they have responded to a growing market, and part of the reason is due to litigation. More specifically, there are two court cases that helped form the access requirements on cruise ships that call on US ports.

First and foremost is Spector v Norwegian Cruise Line. On June 6, 2005 the US Supreme Court decided in favor of the plaintiffs in this case, and ruled that the Americans with Disabilities Act applies to all foreign-flagged cruise ships that call on US ports. This ruling, however, fell short of requiring specific access guidelines for vessels.

Then in 2015 the Justice Department reached a settlement with Carnival Cruise Lines that provided the access standards for ships — even foreign flagged ships — that call on US ports. They must have fully accessible cabins, which are dispersed throughout the various classes of accommodations. These cabins must have 32-inch wide doorways, include accessible pathway access and turning radius, and have an accessible bathroom. And the reservation system must allow passengers with a disability to reserve an accessible cabin, and guarantee that accessible cabin reservation.

Cruise Planning Tips & Tricks

It’s great to have these standards, and to be honest, most cruise ships go above and beyond as far as access is concerned. That said, it does take a little more advance planning to book an accessible cruise.

First and foremost — start early. Even though cruise ships have accessible cabins, they are limited and they go quickly. Keep tabs on your cruise and try and book your cabin as soon as it’s released. It’s the best way to get the accessible cabin you need.

Also, remember to ask a lot of questions about the accessible cabin. They differ from cruise line to cruise line, and even on ships on the same cruise line. Always ask about access details that are important to you, such as bed height, toilet height and grab bar placement. And if you still have questions, ask them to e-mail you some photos. When you inquire about access, you might also want to include the pertinent measurements for your power wheelchair because just saying “wheelchair” can lead to a wide variety of interpretations. The good news is, you will find that many cruise ships can accommodate your power wheelchair.

It’s also a good idea to search for accessible shore excursions first, before you decide on a cruise. Some ports have more accessible options than others. It’s also prudent to book these accessible excursions directly with the provider as early as possible. Many cruise lines use the same providers and if you wait for them to book them, they may already be booked. Plan ahead to avoid disappointment.

And finally, here are some more tips to help you plan a wheelchair-accessible cruise. emerginghorizons.com/wheelchair-accessible-cruise-tips/

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Wisconsin Track Chairs for Loan

Wisconsin Track Chairs for Loan

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Based in Southern Wisconsin, Access Ability Wisconsin (www.accessabilitywi.org/) offers free loaner track chairs throughout the state. These track chairs have tank tracks instead of tires and unlike most wheelchairs, they can travel over rough terrain.

On-site track chairs, as well as track chairs that can be towed to the location of your choice are available for loan. The towable track chairs come with a trailer and everything that’s needed to tow it. The track chair weighs 350 pounds and the trailer weighs 800 pounds, so you need a vehicle with a towing capacity of at least 1,150 pounds in order to tow the trailer. The hitch uses a two-inch ball, and for safety reasons at least 8 inches of ground clearance is required. A mid-sized SUV, van or truck is suggested, in order to meet these safety requirements.

Reservations for the track chairs can be made at https://www.accessabilitywi.org/reserves-types . A $50 refundable deposit is required at the time of the reservation, and a $2.75 non-refundable processing fee will be charged for each chair. The processing fee will be deducted from the deposit when the equipment is returned.

If the track chair will be towed, a copy of your drivers license and proof of insurance are also required. A Waiver of Liability and User Agreement must also be signed in order to borrow the track chair.

The goal of Access Ability Wisconsin is to have at least one track chair for loan in every county. Their available inventory is continually growing, so check back often. For more information about these Wisconsin track chairs for loan, visit the Access Ability Wisconsin website or call (608) 886-9388.

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CourtGavel

Can You Sue an Airline for Mishandling Your Wheelchair?

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Can you sue an airline because they damaged your wheelchair, delayed your deplaning, or otherwise infringed on your rights as a wheelchair-user? That’s a question I often get. And rightly so, because litigation is a logical solution to bad customer service.

To be honest, you can sue anyone for anything; however the bigger question in this case is, will you prevail in court?

An unfortunately in cases regarding the Air Carrier Access Act (ACAA) — the law that mandates wheelchair access on US airlines — the answer is no.

The Air Carrier Access Act

The ACAA, which was implemented in 1986, covers access issues on US airlines and on flights to and from the US. It’s the law of the land as far as accessible air travel goes, and it even predates the Americans with Disabilities Act.

It’s written in a readable format — minus the legal jargon — so I always encourage folks to read it, so they fully understand their rights (https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382).

Unfortunately the ACAA does not allow for private lawsuits. On the other hand it doesn’t specifically prohibit them either. So, it was basically up to the courts to decide if you can sue an airline for for a disability-related issue. And although the ACAA has been mentioned in numerous other cases, the final decision on this matter came in 2017 in Stokes v. Southwest Airlines

Stokes v. Southwest Airlines

In Stokes v. Southwest Airlines, Kelli Stokes claimed that her autistic son suffered physical, emotional and mental injuries, because of a denied boarding due to his disruptive behavior and disability. The lower court dismissed the case, on the grounds that the ACAA did not specifically provide for private lawsuits.

And the Fifth District Court of Appeals upheld that decision. The final ruling held that no private right of action exists to enforce the ACAA. So, yes, you can always try to sue, but because of this precedent, then it will most likely be dismissed. And with that in mind, you’ll be hard pressed to find an attorney to take a ACAA case on contingency. So, can you sue an airline for mishandling your wheelchair? No, you can’t.

That said, even though you can’t prevail in a lawsuit if an airline violates the ACAA, there’s still something you can — and should — do instead. File an ACAA complaint. I know, I can hear the eyes rolling as I type this, but this is really the only way to effect change.

So, What Happens Next?

Will filing an ACAA complaint compensate you for your damages? No. If your personal property has been damaged or you have been injured by the airline, you need to take that issue up directly with them. Keep your receipts, bills and quotes and file a claim with the airline for your damages. You should always do this, however you can also file an ACAA complaint at the same time.

Granted the Department of Transportation (DOT) may do nothing more than log your complaint; however it’s essential to have it on file. That way if an airline continues to violate the ACAA, then the DOT has a paper trail of the complaints. And once an airline starts to accrue complaints, the DOT usually takes action.

What do they do? Well they can issue hefty fines, require remedial training regarding access issues, and even order the airline to implement new policies. But again, nothing will happen if you don’t file an ACAA complaint.

It’s easy to do — here’s some more information about it. https://emerginghorizons.com/how-to-resolve-a-wheelchair-access-travel-complaint/

So next time your rights are ignored when you fly the friendly skies, don’t just look the other way. File an official complaint so some remedial action will be taken. It’s really the best way to make air travel more accessible, and to make sure that the ACAA is followed.

Arpingstone, Public domain, via Wikimedia Commons

Can I Store a Wheelchair in the Aircraft Cabin?

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I’m planning to fly from San Francisco to Miami to see my sister next year, and I use a manual wheelchair. I have heard such horror stories about wheelchairs being damaged in the baggage compartment, and I’m wondering if I can store a wheelchair in the aircraft cabin? Is this possible and if so, do I need to make advance arrangements to do this.

What the Law Says

Under the Air Carrier Access Act (ACAA), US aircraft with 100 or more passenger seats are required to have a priority stowage space for manual wheelchairs. This can be in the onboard closet or strapped to unused seats.

If the stowage space is in the closet, there must be room for one typical adult size folding chair. The dimensions of that space must be at least 13 inches by 36 inches by 42 inches. If the manual wheelchair does not fit in the prescribed area while it is fully assembled, the wheels or other components may be removed to make it fit. The removal must be done without any tools, and afterwards you can store the removed components with your carry-on luggage.

It should be noted that wheelchair stowage takes priority over all other items, including crew luggage; and it’s the crew’s responsibility to move their luggage and clear the space.

The airline can also opt to use the seat strapping method to stow a manual wheelchair in the aircraft cabin. If this method is used, there must be room for two manual wheelchairs.

At the Airport

There’s no advance notice required to store a wheelchair on the airplane, but it should be noted that priority wheelchair stowage space is only guaranteed if you preboard the aircraft. If you board during general boarding, you will have to compete with the other passengers for the onboard storage space, so it’s extremely important that you preboard.

Additionally, since there is only one wheelchair stowage space per aircraft in the onboard closet, it pays to be the first one to board the aircraft. So don’t wander away from the boarding area, and when boarding time approaches, make sure you are visible to the crew, so you won’t be forgotten.

It’s also important to note that wheelchairs or any other assistive devices are not counted as carry-on luggage.

If you encounter any problems when you ask to store a wheelchair in the aircraft cabin — such as the crew refusing to relocate their luggage — don’t hesitate to ask for the Complaints Resolution Official (CRO). These airline employees are trained to handle disability-related problems, and they will make sure that the ACAA rules are followed. For more information about the CRO, visit emerginghorizons.com/flying-with-a-wheelchair-remember-the-cro/.

And for more tips on flying with a wheelchair, visit emerginghorizons.com/flying-with-a-wheelchair-air-travel-tips-and-more/.

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Can Hotels Charge More for Accessible Rooms?

Can Hotels Charge More for Accessible Rooms?

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I just booked an accessible hotel room in a Los Angeles hotel and it was $25 more than the non-accessible room that a friend booked. Can hotels charge more for accessible rooms? I thought that the Americans with Disabilities Act (ADA) prohibited discrimination like this. Is this legal, and if not, what can I do about it?

The Law

Although discrimination on the basis of disability is prohibited in the US, there isn’t enough information to determine if the hotel in question violated the ADA. Under the ADA, hotels are required to have a certain number of accessible rooms based on their size. That number ranges from one accessible room for a property with 25 rooms, to nine accessible rooms in a property with 500 rooms. And properties that have more than 500 rooms are required to have 2% of their rooms flagged as accessible rooms.

But no matter how many rooms a property has, the accessible rooms are supposed to be distributed evenly among the various room types. What does that mean exactly? Well if they have multiple accessible rooms, they have to be equally distributed between the economy rooms and the high-end rooms. It also means that they should offer a choice in bed types, or other amenities such as ocean views.

The problem comes in when the property only has one or two accessible rooms, but a large variety of room types. Then some choices have to be made on how to allocate the rooms so that guests who need these rooms will have a reasonable choice.

Can hotels charge more for accessible rooms? Yes and no. They can’t charge more for an accessible room in the same rate category; however if all the accessible rooms in the lower rate category are booked, and the only accessible room left is one in a higher rate category, then yes you will have to pay that higher rate for that accessible room. 

The Solution

The solution to your problem begins with contacting the hotel. Address your access concerns with the property manager. Ask about the property size, and the allocation of the accessible rooms in different rate categories. And be sure to write down those figures for future reference.

If the accessible rooms seem evenly split in all the rate categories, then you really don’t have any recourse. It could be that they had lower rate standard rooms available, but if all of the lower rate accessible rooms were already booked, then the only thing left for you was an accessible room in a higher rate category. So if that’s the case, you’re out of luck. That’s one reason it pays to book early, because the lower rate rooms usually fill up first. Of course it doesn’t hurt to ask for a credit, or a discount on a future stay for your troubles, but the hotel is not required to give you anything.

On the other hand ,if the property has a disproportionate number of accessible rooms in the higher rate category, you should definitely ask for the difference between the lower rate room and the higher rate room. And remember to remind the manager what the ADA requires.

Additionally, it’s a good idea to file an ADA complaint. Even if you are compensated, the property should still be up to ADA standards. After all, you don’t want this to happen again — to you or anyone else. There is absolutely nothing wrong with taking compensation from a property and also filing an ADA complaint. The ADA complaint won’t get you any compensation, but it could help effect change.

Filing an ADA complaint is easy. You can do it online or by mail. Just follow the instructions at www.ada.gov/file-a-complaint/.

More Resources

Of course, this issue is just the tip of the iceberg as far as accessible travel problems are concerned. With that in mind here are a few resources to help you adequately address other access shortfalls.

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CourtGavel

ACAA Updates Stalled Due to Litigation

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Although some welcome access updates to the Air Carrier Access Act (ACAA) were released in December 2024, there’s been a slight glitch in the implementation of these new regulations. It seems that the airlines have commenced legal action to prevent the ACAA updates from being enacted.

The Airlines Argument

These new ACAA updates (https://emerginghorizons.com/2025-air-carrier-access-act-updates/), which were released by the Department of Transportation (DOT) on December 17, 2024, include stricter guidelines for the repair of damaged wheelchairs and improvement of communication with passengers who check their mobility devices. They also include some general regulations for insuring the prompt return of checked wheelchairs, informing passengers of the dimensions of the aircraft hold and generally updating the policies regarding flying with a wheelchair. Collectively they were seen as a huge improvement for wheelchair-users and slow walkers who take to the skies.

But the airlines didn’t exactly share the enthusiasm for these ACAA updates that was generated by the disabled community. In fact, five American airlines — United, American, Delta, JetBlue and Southwest — have filed a petition in the Fifth Circuit Court of Appeals for a review of the new ACAA updates. Also included as a plaintiff is Airlines for America, an organization that includes the above carriers as well as Alaska Airlines, Hawaiian Airlines and Atlas Air.  In short, these airlines have asked the court to set aside the new rule because the provisions in it exceeded the DOT’s statutory authority.

Specifically they claim that the rule violates the Administrative Procedure Act. (APA) This act requires a reviewing court to set aside agency actions that are found to be “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law”.

Venue Could Make a Difference

I find it interesting that this petition was filed in the Fifth Circuit Court of Appeals, which is headquartered in New Orleans. The Fifth Circuit includes Louisiana, Texas and Mississippi. Two of the plaintiff airlines — American Airlines and Southwest Airlines — are headquartered in that district. American Airlines home offices are in Fort Worth, while Southwest Airlines calls Dallas home.

On the surface it would seem logical to file in the district where two of the plaintiffs are located. On the other hand, it left me scratching my head a bit because the attorneys are located in New York. And not only is New York located a fair distance from New Orleans, but JetBlue also has its home office in New York. So why didn’t the plaintiff’s attorneys file in New York? It seems like that would be easier for everyone.

Then I looked at the recent court decisions of the Fifth Circuit, and one really stood out. It was another DOT case. On January 28, 2025 the Fifth Circuit Court of Appeals ruled that the DOT failed to comply with the APA in their fare disclosure regulation. That regulation was then remanded back to the DOT so they could make appropriate changes to comply with the law

In other words, the court ruled against the DOT. And if they did that once, then perhaps the attorneys for the plaintiffs were hoping that’s how it would go with this case.

What Happens Next?

Now that the papers have been filed we basically have to wait until the plaintiffs present their case to the Fifth Circuit Court of Appeals. And then the court will either rule that it stands, or it will throw it out; or like in the fare disclosure regulation, it will be sent back to the DOT with instructions to fix it.

 

Time will only tell. Until then the new ACAA updates are on hold, and because the regulation has been challenged they will not go into effect as previously outlined.

And so we wait.  Hopefully this issue will be resolved soon.

airplane

Will Flying in Your Wheelchair Ever Happen?

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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.

More
2025 Air Carrier Access Act Updates

2025 Air Carrier Access Act Updates

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Enacted in 1986, the Air Carrier Access Act, covers access-related travel issues on all US airlines, and on foreign airlines on flights to and from the US. And as with many regulations, it’s continually updated. The 2025 Air Carrier Act updates include minor wording changes and definitions, updated training requirements, and some specific changes in existing regulations. This update of the regulations focuses mainly on preventing and mitigating wheelchair damage, and providing timely and appropriate repairs when it does occur. Here are the highlights of what to expect in 2025. These 2025 Air Carrier Access Act Updates will take effect January 16, 2025 unless otherwise noted.

Notification upon Loading Wheelchair

As of December 17, 2025, airlines covered by the Air Carrier Access Act will be required to notify passengers when their assistive devices have been loaded and unloaded from the cargo hold.

Publication of Cargo Hold Dimensions

Airlines will be required to publish the dimensions of their cargo holds — and any limitations they may have — on their websites. This applies to all the aircraft in their fleet.

Prompt Return of Delayed Assistive Devices

As of June 6, 2025 airlines will be required to deliver delayed assistive devices within 24 hours for a domestic flight, 12 hours for an international flight, and 30 hours for a long international flight (more than 12 hours). The passenger will have the choice of picking up the delayed assistive device at the airport or having it delivered to a reasonable location.

Reimbursement For Accessible Ground Transportation

Passengers will be reimbursed for accessible ground transportation should they decide to pick up their delayed assistive device at the airport.

Prompt Repair or Replacement of Damaged Assistive Devices

As of March 17, 2025 carriers must offer passengers a choice in regards to repair or replacement of damaged assistive devices. Passengers can opt to have the carrier arrange for repair or replacement, or the passenger can arrange for repair or replacement at their chosen vendor. If the latter option is chosen, the carrier will transport the assistive device to the repair location and pay for the needed repairs.

It should be noted that the Montreal Convention still remains in effect for the liability limits for assistive devices damaged or lost on international flights. The carrier liability limit for this is $1731.

Appropriate Loaner Wheelchairs

If the airline provides a loaner assistive device because of loss or damage, and it does not meet the passenger’s needs, the passenger can find an appropriate substitute elsewhere. If this happens, the airline must reimburse the passenger for the rental within 30 days. The airline can require receipts, invoices or other documentation.

Rebooking Requirements for Service Failures

If a passenger’s assistive device will not fit into the cargo hold, the airline must book the passenger on the next available flight that can accommodate it. This will be done at no additional charge, even if a partner carrier is used.

New Onboard Wheelchair Standards

Finally, the 2025 Air Carrier Access Act updates include requirements for new safety standards and accessibility features for on-board wheelchairs. These include adequate padding, locking wheels, restraints and new size requirements. They go into effect for new aisle chairs purchased on twin aisle aircraft and aircraft with over 60 seats on October 2, 2026. And they go into effect for all other covered aircraft on October 2, 2031.

For more information about your rights under the Air Carrier Access Act, visit https://emerginghorizons.com/the-disabled-air-travelers-bill-of-rights/

 

How to Resolve a Wheelchair-Access Travel Complaint

How to Resolve a Wheelchair-Access Travel Complaint

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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.

Save Your Trip

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.

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.

  • Although it’s easy to pick up the phone, your complaint will receive more attention if you put it in writing.
  • Address the appropriate person. Don’t start with the President or CEO, but instead begin at the bottom and work your way up. You want to be able to show that you followed the company’s complaint procedure in an effort to resolve your accessibility issue.
  • Keep your complaint letter short and to the point. It should be no longer than one page. Avoid superfluous details and get to the point quickly.
  • Keep it polite, professional and G-rated. Abstain from vulgarities and name-calling.
  • Have someone who isn’t emotionally invested in the incident proofread your letter for clarity.
  • Never threaten to sue or to file an Americans with Disabilities Act (ADA) complaint in your initial complaint. This just creates an adversarial situation and makes the matter harder to resolve.
  • If you are going to quote the law, make sure you know the law.
  • Make sure and enclose all documentation, including receipts and photos.
  • Most important, ask for some type of resolution. Don’t be afraid to ask for specific compensation, but be realistic. If you’re reasonable with your request, most companies will be generous in their response.

Make it Official

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.

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airport-wheelchairs

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. 

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. 

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