DEPARTMENT’S RESPONSES TO QUESTIONS REGARDING NPRM: ENSURING SAFE ACCOMMODATIONS FOR AIR TRAVELERS WITH DISABILITIES USING WHEELCHAIRS
June 20, 2024
On May 1, the Department released its answers to five (5) questions from A4A, the International Air Transport Association, the National Air Carrier Association, the Regional Airline Association, and the Airline Service Providers Association regarding the Department’s Notice Of Proposed Rulemaking (“NPRM”): Ensuring Safe Accommodations For Air Travelers With Disabilities Using Wheelchairs.
Question 1: When must an airline provide a choice between picking up the wheelchair or scooter at the passenger’s final destination airport or having the wheelchair or scooter delivered?
Answer 1: When an airline fails to transport the passenger’s wheelchair or scooter on the passenger’s same flight for any reason and the passenger arrives before the device.
Question 2: What does the Department mean by a “controlled/simulated” environment for hands-on training?
Answer 2: In-person training (excluding virtual or online training) that offers a safe and controlled environment by the trainer where employees can learn and practice real-life scenarios without the possibility of real-life consequences to passengers with disabilities
Question 3: Which party elects whether a replacement wheelchair or scooter is of equal or greater function?
Answer 3: The NPRM does not specify which party would elect whether a replacement device.
Question 4: What training programs and related policies and procedures does DOT consider will have “a significant impact on assistance provided to individuals with disabilities”?
Answer 4: Airlines should consult with disability rights organizations if changing or enhancing their disability training program.
Question 5: What is the Department’s basis for amendments to Complaint Resolution Officials’ (“CRO”) training? Also, what is the Department’s basis for considering creating wheelchair expert and transfer expert roles over and above the requirement for a CRO?
Answer 5: Safe and proper transfer assistance and wheelchair handling can be complex and requires the handler to work with a variety of features and wheelchair types. Therefore, the Department sees value in designating transfer experts who could be consulted in the event that airline personnel have questions about the transfer process.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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