DOT Enforcement Notice on Masks–Deadline of March 22 to Update Policies
February 8, 2021
On Friday, February 5, 2021, the U.S. Department of Transportation’s Office of Aviation Consumer Protection (DOT OACP) released an Enforcement Notice (available here) explaining how the U.S. Government’s newly announced mask mandate interacts with Part 382, DOT’s regulation mandating the non-discriminatory treatment of passengers with disabilities in air travel. A few key takeaways include:
- The Notice clarifies that airlines cannot maintain a “no exceptions” mask policy, but must accommodate passengers with disabilities that prevent them from wearing masks.
- Carriers have 45 days (i.e., until March 22, 2021, provided they promptly begin updating any inconsistent policies), to ensure their mask policies are compliant and to update all communications accordingly.
- The Notice states that further CDC guidance is expected on this topic.
- Recognizing carriers’ concerns about abuse of right, DOT says that carriers are allowed to require passengers to check in early; carriers are also allowed to require passengers to consult with the airline’s medical expert, or require passengers to provide medical evaluation documentation from their doctor sufficient to demonstrate a recognized medical condition that prevents mask-wearing. Carriers are also permitted to require certain protective measures, such as requiring proof of a negative SARS-CoV-2 test, taken at the passenger’s own expense, during the days immediately prior to the scheduled flight, for those claiming an exemption.
We encourage you to review the attached Notice carefully and let us know if we can answer any questions.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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