DOT DELAYS CERTAIN WHEELCHAIR RULE PROVISIONS PENDING NEW RULEMAKING
October 3, 2025
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On September 30, 2025, the U.S. Department of Transportation delayed enforcement of certain provisions of the Wheelchair Rule until December 31, 2026, while DOT undertakes a new rulemaking titled “Airline Obligations to Accommodate Air Travelers with Disabilities Using Wheelchairs” (the “Wheelchair Rule II”). The Department anticipates a notice of proposed rulemaking for Wheelchair Rule II in August 2026. Covered carriers can expect the NPRM to address the following provisions of the current Wheelchair Rule, which are the only provisions delayed by DOT’s action:
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Airlines’ liability when passengers’ wheelchairs or other assistive devices are not timely returned in the condition they were received;
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Frequency of required refresher training of airline employees and contractors;
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Pre-departure notifications to passengers that check wheelchairs or scooters of their right to contact a Complaint Resolution Official and file a claim; and
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Reimbursements of the difference between the fare on a flight a wheelchair or scooter user took, and the fare on a flight that the wheelchair or scooter user would have taken if his or her wheelchair or scooter had been able to fit on the flight
This latest move by the Department comes after prior exercises of enforcement discretion earlier this year and a lawsuit filed by major U.S. air carriers alleging that the Wheelchair Rule exceeded DOT’s statutory authority and thus violated the Administrative Procedure Act. While U.S. air carriers continue to litigate the Wheelchair Rule in the United States Court of Appeals for the Fifth Circuit and DOT moves forward with Wheelchair Rule II, carriers should continue to comply with other provisions of the Wheelchair Rule given that enforcement is only delayed for the four (4) previously identified provisions. All other provisions of the Wheelchair Rule are enforceable at this time.
This Aviation Blog Post 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; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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