DOT EXERCISES ENFORCEMENT DISCRETION PENDING REVIEW
March 3, 2025
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On February 20, 2025, the U.S. Department of Transportation (“DOT” or the “Department”) announced that it will temporarily pause enforcement action against those failing to comply with the Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs requirements as well as the Periodic Revisions to Denied Boarding Compensation and Domestic Baggage Liability Limits. For reference, the wheelchair requirements and new liability limits for denied boarding compensation apply to both U.S. and foreign air carriers, while the liability limit for mishandled baggage in domestic air transportation applies only to U.S. air carriers. As our readers may recall, President Trump issued a regulatory freeze on January 20, 2025, across all executive departments and federal agencies in order to evaluate whether recent regulatory activity aligned with his priorities. DOT will therefore exercise its enforcement discretion and not enforce compliance with these two rules until March 20, 2025. Doing so provides an opportunity for recently confirmed DOT officials to review finalized language and evaluate the future of these regulations.
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