proposed changes

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 95^th 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.