ENFORCEMENT OF CERTAIN WHEELCHAIR RULE AND ACCESSIBLE LAVATORY RULE PROVISIONS FURTHER DELAYED
September 11, 2026
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On August 3, 2026, DOT announced another extension of enforcement discretion for four (4) provisions of the Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs rulemaking (Wheelchair Rule). DOT previously delayed enforcement of these provisions until December 31, 2026, while the Trump administration worked on a new Airline Obligations to Accommodate Air Travelers with Disabilities Using Wheelchairs rulemaking (Wheelchair Rule II). Having now determined that the Wheelchair Rule II rulemaking process will take longer than anticipated, DOT extended its exercise of enforcement discretion from December 31, 2026, to April 30, 2027. This means that the following four (4) provisions of the Wheelchair Rule will not be enforced until late April 2027 at the earliest:
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Liability when passenger wheelchairs or other assistive devices are not timely returned in the condition in which they were received (14 C.F.R. 382.130(a));
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Frequency of required refresher training of airline employees and contractors (14 C.F.R. 382.141(a)(6));
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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 claim (14 C.F.R. 382.125(e)); and
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Reimbursement of fare differences between flight wheelchair or scooter user took, and flight that wheelchair or scooter user would have taken if his or her wheelchair or scooter had been able to fit on preferred flight (14 C.F.R. 382.132).
DOT will also exercise its enforcement discretion regarding the annual training mandate for flight attendants as contemplated within the Accessible Lavatories on Single-Aisle Aircraft rulemaking (Accessible Lavatory Rule) which was issued in August 2023 to improve the accessibility of lavatories on single-aisle aircraft. Among other requirements, the Accessible Lavatory Rule mandated annual hands-on training for flight attendants relating to on-board wheelchair (OBW) use, stowage, and best practices for assisting passengers to/from the lavatory (14 C.F.R. 382.63(h)(1)). Note that this rulemaking only applies to U.S. and foreign air carriers that operate single aisle aircraft to, from or within the United States. Since the frequency of refresher training for flight attendants will be addressed in the new Wheelchair Rule II rulemaking, DOT will not enforce the annual training requirements of the Accessible Lavatory Rule until April 30, 2027.
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 or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.