DOT ACCESS COMMITTEE REACHES IMPASSE ON SERVICE ANIMALS BUT AGREES ON ACCESSIBLE LAVATORIES; IFE STILL UP FOR GRABS
November 1, 2016
The U.S. Department of Transportation’s ACCESS Committee conducted its final meeting on October 12-14, 2016. As previously reported, the Committee has been meeting for six months to reach industry/advocate consensus on the following disability-related issues: (1) accessible lavatories on single aisle aircraft; (2) accessible in-flight entertainment systems; and (3) the in-cabin accommodation of service and emotional support animals. We expect proposed regulations to be issued on all three topics in 2017. Below are the results of the ACCESS Committee’s efforts on each issue to date:
Service and Emotional Support Animals:
DOT declared an impasse on negotiations of an agreement on service and emotional support animals. Although the Committee agreed on some of the issues being considered, it was unable to reach a consensus. The primary sticking point concerned the ability of passengers travelling with emotional support animals to self-certify their need to travel with such animals; while disability advocacy groups pushed for equal treatment of passengers who need both service and emotional support animals, industry representatives were concerned about the possibility of abuse by passengers if self-certification were to be permitted.
Accessible In-flight Entertainment:
The Committee was unable to complete its work on this issue and will hold a special session on November 2, 2016, to complete its efforts. Representatives and industry are still actively negotiating on several issues, including timing for compliance. DOT hopes carriers will be able to provide accessible content or wifi access to Portable Electronic Devices (PEDs) within one year, while industry is advocating for a longer timeframe. In addition, the Committee will also address two subtopics: accessible inflight cabin announcements and accessible touch screen entertainment devices.
Accessible Lavatories:
The Committee reached agreement on language that will form the basis for a new regulation to support accessibility for persons with reduced mobility (PRMs) to lavatories on single aisle commercial aircraft flying to, from or within the United States and its territories. DOT hopes to publish a notice of proposed rulemaking (NPRM) outlining this agreement by July 2017 with the expectation of publishing a final regulation by 2018. IATA along with almost all of the industry representatives on the Committee voted in favor of this agreement as the language reflects a reasonable timeframe for full accommodation for PRMs. Under Committee rules, since IATA voted in favor of the agreement, it is precluded from opposing this regulation when it is published as an NPRM. Member airlines can however oppose this rule during the rulemaking process.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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