DOT ANNOUNCES PASSENGER BILL OF RIGHTS FOR DISABLED PASSENGERS AND FAMILIES
August 5, 2022
On July 8, 2022, the U.S. Department of Transportation (“DOT”) announced the publication of its Disabled Passenger Bill of Rights, which is applicable to U.S. and foreign carriers, as well as a notice to all U.S. airlines to take action to ensure that young children are seated with a parent for no additional cost. The “Airline Passengers with Disabilities Bill of Rights” (“Bill of Rights”) includes a summary of certain “fundamental rights” that passengers with disabilities are entitled to under the Air Carrier Access Act and its implementing regulation, 14 C.F.R. Part 382. These rights include:
(1) The right to be treated with dignity and respect.
(2) The right to receive information about services and aircraft capabilities and limitations.
(3) The right to receive information in an accessible format.
(4) The right to accessible airport facilities.
(5) The right to assistance at airports.
(6) The right to assistance on the aircraft.
(7) The right to travel with an assistive device or service animal.
(8) The right to receive seating accommodations.
(9) The right to accessible aircraft features; and
(10) The right to resolution of a disability-related issue.
DOT’s Bill of Rights does not constitute a rulemaking, but importantly, pursuant to § 434 of the FAA Reauthorization Act of 2018, U.S. and foreign air carriers must include the Bill of Rights on publicly available internet websites and in any pre-flight notifications or communications provided to passengers who inform the carrier in advance of their need for accommodations relating to a disability. DOT is also requiring that airlines ensure that their employees and contractors receive training on the responsibilities described in the Bill of Rights. It is also important to note that there is no specific timeframe in which airlines must complete these actions. Nevertheless, while there is no specific timeframe for airlines to display the Bill of Rights on their websites and in pre-flight notifications or communications, DOT has indicated that it expects airlines to implement this requirement in a “reasonable time.” Further, to determine whether an airline is implementing the requirements without unreasonable delay, the Department’s Office of Aviation Consumer Protection has been tasked with looking at the totality of the circumstances to determine if an airline is making a good faith effort to promptly post the Bill of Rights on its website and include it in pre-flight notifications or communications. Additionally, regarding submission of training plans to DOT, the Department has said that it will soon begin the process of seeking Paperwork Reduction Act (“PRA”) authorization to collect the plans. The PRA authorization process typically takes approximately nine months and includes publication of a 60-day notice followed by a 30-day notice in the Federal Register and subsequent review by the Office of Management and Budget (“OMB”). After OMB approves the information collection, DOT will then issue a notice that provides information on how to submit the plans. This means that submission of the training plans will likely not be required until after DOT’s notice on submission.
According to DOT, the Bill of Rights is not meant to expand or restrict the rights of passengers with disabilities, but rather provide a more succinct explanation of existing law so that air travelers with disabilities can be aware of and understand their rights, and so that U.S. and foreign air carriers and their affiliates and contractors understand their responsibilities regarding disabled air travelers.
DOT also announced a new notice, solely applicable to U.S. carriers, encouraging all U.S. airlines to “do everything in their power” to make sure that children aged 13 and under are seated next to an accompanying parent on flights at no additional cost. DOT stated that it continues to receive complaints involving instances in which children as young as 11 months old are not seated next to an accompanying adult, which prompted the agency to act by issuing the notice for U.S. airlines. While the notice does not constitute a rulemaking with immediate specific requirements for U.S. carriers, DOT said that it “expects” U.S. carriers to review their seating policies and revise them as necessary to align with the goals articulated in the notice. DOT also stated that it will review airline policies and practices in November 2022 to assess whether they meet the expectations of the notice, and that if it determines that air carriers’ seating policies and practices would unnecessarily prohibit children from being able to sit next to a parent or adult family member, it could take additional action such as instituting a rulemaking to prohibit U.S. carriers from charging fees for seating young children next to an accompanying adult.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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