DOT/FAA ISSUE TWO NEW REGULATIONS BEFORE YEAR END: (1) WHEELCHAIR ACCESS, EFFECTIVE JANUARY 16, 2025, AND (2) DRUG TESTING FOR FOREIGN REPAIR PERSONNEL
December 18, 2024
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DOT PUBLISHES LONG-AWAITED WHEELCHAIR RULEMAKING
On December 17, 2024, the U.S. Department of Transportation (“DOT” or the “Department”) issued a final rule to enhance accessibility and safety for passengers with disabilities when traveling with wheelchairs or scooters. The final rule requires airlines to provide prompt assistance in a safe and dignified manner, ensuring respect for passengers’ autonomy and safety during boarding, deplaning, and airport navigation. Prompt assistance includes immediate availability of aisle chairs and personnel, as well as timely communication when mobility devices cannot be loaded or are delayed. Personal wheelchairs must be returned as close to the aircraft door as possible unless safety regulations or passenger preferences dictate otherwise. This rulemaking is effective January 16, 2025.
The final rule strengthens protections for mobility devices by classifying mishandling (damage, loss, delay, or theft) as a per se violation of the Air Carrier Access Act. Airlines must promptly notify passengers of incidents, provide functional loaner wheelchairs customized to meet passengers’ needs, and cover all repair or replacement costs, including transportation to preferred vendors. To prevent further mishandlings, the final rule necessitates annual hands-on training for employees and contractors on proper handling techniques, communication, and the use of equipment to assist passengers safely and respectfully.
Additionally, the rulemaking sets new standards for on-board wheelchairs (“OBWs”), requiring upgrades on twin-aisle aircraft by October 2026, with full compliance across eligible aircraft by October 2, 2031. The OBWs must ensure safety, maneuverability, and partial access into at least one lavatory for transfers. Airlines must also reimburse passengers for transportation costs caused by delayed mobility devices and refund fare differences if a passenger’s wheelchair cannot be accommodated on their original flight.
DOT implemented this rule to improve accessibility, reduce injuries, and ensure passengers with disabilities experience safe and equitable travel. The final rule reflects the Department’s response to public complaints and advocacy group input while balancing economic considerations for airlines. By addressing these challenges through accountable and improved standards, the rule represents a significant step toward dignity, safety, and accessibility in air travel for passengers with disabilities.
Please let us know if you would like a summary of the full rule. We are happy to provide that upon request.
FAA REQUIRES DRUG AND ALCOHOL TESTING FOR FOREIGN REPAIR STATION EMPLOYEES
On December 18, 2024, the Federal Aviation Administration (“FAA”) issued a final rule requiring certificated Part 145 repair stations outside the territory of the U.S. to implement a drug and alcohol testing program. The requirement applies to employees who perform safety-sensitive maintenance functions on Part 121 air carrier aircraft. In short, the rulemaking directs repair stations located outside the U.S. to comply with the FAA’s Drug and Alcohol Testing Program as well as DOT’s Procedures for Transportation Workplace Drug Testing Programs. The FAA anticipates that this rulemaking will affect approximately 977 foreign Part 145 repair stations across 65 countries.
In response to comments concerning conflicts with foreign laws, the FAA established a process for foreign governments, on behalf of Part 145 repair stations within their territories, and individual foreign repair stations to obtain a waiver based on the recognition of a country or foreign repair station’s existing requirements or testing protocols relating to drug use and alcohol misuse. Doing so provides an alternative to meeting the final rule’s requirements by allowing a foreign repair station to operate a testing program based on the laws of its country and currently existing testing regimes. A waiver must be requested at least 90 days before the final rule’s compliance date or 90 days before a repair station intends to perform safety-sensitive maintenance functions on Part 121 air carrier aircraft after the compliance date.
Foreign governments and individual foreign repair stations can rely on existing testing programs to demonstrate an alternative means to satisfy the final rule’s objectives. To request a waiver based on the recognition of a compatible alternative, a foreign government or individual foreign repair station must set forth certain criteria including:
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A testing protocol or established consequences used to detect or deter, or both, employees who are responsible for safety-sensitive maintenance on Part 121 air carrier aircraft from misusing alcohol and using drugs.
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An education or training program or materials that explain the impact and consequences of misusing alcohol and using drugs while performing safety sensitive maintenance.
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The method used to rehabilitate and ensure that safety-sensitive maintenance employees who return to work on Part 121 air carrier aircraft after a drug or alcohol test violation or consequence no longer misuse alcohol or use drugs.
A waiver based on recognition will remain valid for as long as the compatible alternative retains the above-mentioned criteria on which the FAA approved the initial waiver. If no waivers or exemptions are requested, Part 145 repair stations located outside of the U.S. must comply with the final rule by December 20, 2027.
Upon request, we are happy to provide a more detailed summary of the final rule.
This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. 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 Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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