wheelchair damage

The Air Carrier Access Act (ACAA), which has been on the books since 1986, details what services US airlines must provide to disabled passengers. These regulations also cover foreign air carriers that fly routes to and from the US. Although it’s a good idea to read the regulations in their entirety at www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382, there are a few key provisions that every traveler should note. With that in mind, I’ve created a Disabled Air Travelers Bill of Rights, which highlights those provisions.

Of course, sometimes there’s a big difference between the regulations that dictate what should happen, and what actually happens in real life. With that in mind, not only have I pointed out some possible air travel “realities”, but I’ve also included some helpful tips and tricks about how to remedy access missteps that could pop up along the way. And for your reference, I’ve also noted the specific parts of the ACAA that convey each right.

1. You Have the Right to Curbside Wheelchair Assistance

Curbside wheelchair assistance tops the Disabled Air Travelers Bill of Rights. Some airports are huge, and slow walkers who use a cane or walker literally can’t manage the distance. Under § 382.91 of the ACAA, airlines are required to provide wheelchair assistance from the terminal entrance (or vehicle drop-off point) to the gate. Not only must they provide a wheelchair, but they must also provide someone to push that wheelchair and offer luggage assistance.

The reality of the situation is that sometimes this just doesn’t happen, even when you make advance arrangements. So what should you do if you are left stranded at the curb? The solution to this dilemma actually starts before the trip. Contact the airline prior to your departure and ask for the local number of the airline. Then put it in your cell phone so you have it handy if the airport wheelchair is a no-show. That way you won’t have to spend precious moments on hold and be forced to navigate through endless prompts, in order to get assistance.

And when all else fails call the airline out on social media. This shouldn’t be your initial response, but when your requests for assistance go unanswered, it’s sometimes the fastest way to get results.

Additionally, when you get to your gate don’t let them take the wheelchair away, even if you can easily make it down the jetbridge to the aircraft. The reason for this is that if there’s a gate change – which isn’t uncommon – you will need a wheelchair to get to your new gate. If they take that airport wheelchair away, you will be stranded. And sometimes that new gate can be quite a hike from the original gate.

2. You Have the Right to Remain in Your Own Wheelchair to the Aircraft Door

This is called gate checking your wheelchair and it’s absolutely something that you want to do. Why? First and foremost you will be more comfortable in your own wheelchair. Additionally, the less time the airline has your wheelchair, the less time they have to damage or misplace it. And under the ACAA US carriers are required to gate check wheelchairs whenever possible.

Of course the reality is that not everybody can stay in their own wheelchair all the way to the gate. In order to gate check your wheelchair it must have non-spillable batteries. If your wheelchair has spillable batteries you must arrive one hour earlier, surrender your wheelchair at check-in and then transfer to an airport wheelchair.

If your assistive device has Li-ion batteries, you may be able to stay in it all the way to the gate. Airlines are allowed to – but not required to – accept assistive devices with Li-ion batteries. And all the airlines have different requirements for the packaging, labeling and transport of these batteries.

Bottom line – know your battery, and travel with a non-spillable battery if at all possible. And contact the airlines directly to find out about their requirements or restrictions on Li-ion batteries. Finally, consult § 382.125 of the ACAA to find out the specifics of this provision.

3. You Have the Right to Preboard the Aircraft

Next up on the Disabled Air Travelers Bill of Rights — preboarding. Under § 382.93 of the ACAA, airlines must offer preboarding to disabled passengers who request this service. Preboarding simply means that you board the aircraft before general boarding is announced.

There are several advantages to preboarding. First and foremost, you can take your time going down the jetway, and you don’t have to worry about being trampled or crowded by other passengers. Additionally, you’ll get first crack at overhead storage space, and people won’t be staring at you as you transfer to your seat. Finally, if your seat doesn’t have a flip-up armrest (it happens), the flight attendant can easily reseat you before the other passengers board.

The reality of the situation is that many airlines no longer make preboarding announcements. And under the ACAA, they aren’t required to announce preboarding, they are just required to offer it. With that in mind, make sure and arrive at your gate early, and tell the gate agent that you need to preboard the aircraft. Then — and this is the important part — make yourself very visible at the gate. Do not wander away. Out of sight is out of mind, and you certainly don’t want the gate agent to forget you.

4. You Have the Right to a Dignified Boarding

A very important facet of the Disabled Air Travelers Bill of Rights is the right to a dignified boarding. A dignified boarding is either a level boarding or access to the aircraft by a lift. Under § 382.101 of the ACAA, US airline employees are never allowed to hand carry disabled passengers on board the aircraft.

Accessible boarding — either by a level jetway or a lift — is required on aircraft with 19 or more seats at US airports. Most larger airports have jetbridges, so you can just roll on the aircraft. At airports without jetbridges passengers deplane directly to the tarmac, via a portable stairway. At these airports, lift boarding is required if the airport has more than 10,000 enplanements (passengers) per year.

And although these boarding requirements also apply to foreign carriers that land in the US, it’s not a requirement at foreign airports. With that in mind, it’s a good idea to inquire about your boarding and deplaning options before you buy your ticket, especially on international flights. Additionally, don’t forget to ask about the weight limit of the lift if the airport doesn’t have jetways.

Also keep in mind, planes may enplane or deplane directly on the tarmac, even if the airport has jetbridges. This is usually a traffic issue, and it’s not uncommon at large airports. When this happens passengers deplane directly to the tarmac and are then bussed to the gate. If this is a possibility, it’s important to not only inquire about the availability of a lift, but also of an accessible bus.

5. You Have the Right to Appropriate Seating

Seating is another important topic addressed in the Disabled Air Travelers Bill of Rights. To be honest, there’s a lot of confusion about what type of seating is required for wheelchair-users. Under § 382.61 of the ACAA, US aircraft with more than 30 seats must have movable armrests on at least half the seats. These flip-up armrests make transfers from the aisle chair a bit easier, and they are the only seating accommodation required for wheelchair-users.

That said, airlines cannot require a wheelchair-user to sit in a window seat or bar them from occupying an aisle seat. They can however prohibit a disabled passenger from sitting in an exit row.

Seating is further addressed in § 382.81 of the ACAA, which states that passengers with a fused leg or those who travel with a service animal are guaranteed bulkhead seating. It doesn’t require bulkhead seating for wheelchair-users or slow walkers. And if you qualify for bulkhead seating, it’s important to note that they do not have flip-up armrests.

The good news is, even though bulkhead seating is not required for wheelchair-users under the ACAA, many airlines routinely set aside these seats for any disabled passenger. Check with the carrier about their bulkhead seating policy if this is an accommodation you need. If they can accommodate you, great. If not keep checking until you find an airline that can. It’s also a good idea to check for airlines that offer open seating; because if you preboard you’ll have first pick of seats.

6. You Have the Right to Onboard Wheelchair Stowage on Most Aircraft

According to § 382.67 of the ACAA, US airlines must provide one priority wheelchair stowage space on aircraft with 100 or more seats.

This area must be at least 13 inches by 36 inches by 42 inches, which is deemed large enough to store a typical adult-sized wheelchair without having to remove the wheels. Although this space is usually located in the onboard closet, airlines can also strap a wheelchair to a row of seats. If the onboard wheelchair stowage space is in the closet, a sign must also be installed indicating that assistive devices stowed in this area get priority over all other items, including crew luggage.

The one thing to remember is that there is only one wheelchair stowage space per aircraft, and in order to use it you must preboard. So that’s one more reason to arrive at the gate early and take advantage of preboarding.

§ 382.123 of the ACAA also states that airline personnel are required to move other items — including crew luggage — in order to make room for a passenger’s wheelchair. Of course this doesn’t always happen, and sometimes the crew is reluctant to move their luggage. It’s a good idea to print out this section of the ACAA and take it with you in case that happens. And if that doesn’t work, then you’ll just have to enlist the assistance of the CRO (see #10 below).

7. You Have the Right to Fly

A very important tenet of the Disabled Air Travelers Bill of Rights – airlines cannot deny you passage just because you are disabled. This is detailed in § 382.19 of the ACAA.

And although the airlines cannot deny disabled passengers passage, they can require them to travel with a safety assistant if they feel that they are unable to assist with their own emergency evacuation. That said the the only duty that a safety assistant has is to assist a disabled passenger in an emergency. And anybody – even someone you don’t know – can be a safety assistant. This is detailed in § 382.29 of the ACAA.

So if the gate agent says you can’t fly unaccompanied, all you have to do is ask another passenger to act as your safety assistant. Problem solved. Unfortunately not all gate agents know the law, so it’s a good idea print out this section of the regulations.

And if you have to, contact the CRO (see #10 below).

8. You Have the Right to Relieve Yourself on a Flight When Nature Calls

According to § 382.63 of the ACAA, accessible lavatories are required on all post-1992 US wide body aircraft. And if the aircraft has an accessible lavatory, it is also required to carry an on-board wheelchair.

The reality of the situation is that there are minimal requirements for an accessible lavatory. Basically they have to be big enough to accommodate the onboard wheelchair, and they must include an accessible call button, grab bars and faucets. There are no provisions for enough space for a caregiver or a transfer, so many folks can’t realistically use “accessible” airline lavatories. And again, they are only required on wide body (twin aisle) aircraft.

The good news is, that a revision of the ACAA to require accessible lavatories in single aisle aircraft is currently underway. Unfortunately the timeline for implementation is painfully slow, and if adopted as written, full implementation is at least 45 years away

For now, if you need a large lavatory, look to the newer wide body jets. Specifically, the 787 Dreamliner has a very spacious accessible lavatory. Also the newer Airbus 320 models have large space-flex accessible lavatories. Both of these models have plenty of room for both a wheelchair-user and a caregiver. Additionally it’s a good idea to check out the seating maps on www.seatguru.com. Although the site doesn’t list the exact size of the accessible lavatories, it’s easy to see the relative size compared to the standard lavatories.

And last but not least, if you will need the on-board wheelchair during the flight, ask the flight attendant to check and make sure it’s on the aircraft before takeoff. Sometimes they get offloaded and aren’t promptly replaced. And you don’t want to find this out in the middle of your flight.

9. You Have the Right to Compensation for Wheelchair Damage

Unfortunately wheelchair damage is sometimes a reality of air travel. § 382.131 of the ACAA addresses compensation for wheelchair damage.

On domestic flights (within the US), the airline liability limit for damaged assistive devices is the purchase price — not the replacement cost — of the item. 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).

So, if you have an older wheelchair, that costs more to replace today, you’ll be responsible for the difference. You’ll only be reimbursed for the original purchase price on domestic flights.

Although this coverage is limited, there are some steps you can take before your flight to make sure you will be adequately compensated. First and foremost, you should determine how much it would cost to replace your assistive device. Then check your homeowners insurance to see how much — if any — coverage you may have. Most policies cover personal property even when it leaves your residence; however some policies exclude assistive devices. And if your policy isn’t clear on this matter, call your agent for the most authoritative answer.

If you find that you don’t have any homeowners coverage, then shop around for a high deductible travel and baggage insurance that includes assistive devices. Again, it’s good to talk to a live person to make sure that you get adequate coverage. And make sure you get it in writing — don’t just rely on a random phone conversation.

10. You Have the Right to Have Your Disability-Related Complaint Addressed

This is perhaps one of the most important aspects of the Disabled Air Travelers Bill of Rights, as it offers an avenue to problem resolution. All US airlines and foreign airlines that fly to and from the US are required to have a Complaints Resolution Official (CRO) on duty during operating hours. This person knows the law and is specifically trained to solve access related problems. This provision is included in §382.151 of the ACAA.

The reality of the situation is that not all airline employees are acquainted with the CRO or the disability complaint process. They are also sometimes not even aware of the ACAA. This is especially true of new hires.

So whenever you run into a wall on an access-related issue, always ask to speak to the CRO. If the employee you are dealing with does not know who or what the CRO is, then ask to speak to a supervisor. They are well aware of CRO duties, and they may even be a CRO; as it’s not uncommon for the airlines to have more than one CRO on duty at a time.

It’s also a good idea to bookmark the ACAA, so you can point out the law if you feel you are being mistreated.

Of course the goal of the CRO is to solve the problem on the spot, but if that doesn’t happen you can most certainly follow up when you return home. You can file an access related complaint directly with the airline within 45 days of your flight.

Additional Recourse For ACAA Violations

Even if you have already filed a complaint with the airline, you can also file a complaint with the Department of Transportation (DOT) for ACAA violations when you get home. This most likely won’t result in a solution to your specific problem, but the DOT has the authority to fine airlines for access shortfalls. And that usually results in better policies and procedures for passengers with disabilities.

Information about how to file a DOT complaint can be found at https://www.transportation.gov/airconsumer/file-consumer-complaint.   And the form itself is located at https://secure.dot.gov/air-travel-complaint. It’s a quick and easy way to effect change in accessible air travel.