law

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. In short, they’ve 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.

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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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Proposed ACAA Changes up for Public Comment Until Late May

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

Proposed ACAA Changes

Some of the airline service issue proposed changes include:

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

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

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

Airline Costs & Feedback

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

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

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

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

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

What Can You Do?

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

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

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

Let the DOT know about these things!

Afraid to Fly?

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

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

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

Great_Seal_of_the_United_States

Flying with a Wheelchair? Remember the CRO

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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.

Learn the Law — The ACAA

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.

Ask for the CRO — Your Problem Solver

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.

File an Official Complaint

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.

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