DOT ISSUES FINAL RULE ON ACCESSIBLE LAVATORIES ON SINGLE-AISLE AIRCRAFT
August 1, 2023
On July 26, 2023, the U.S. Department of Transportation (“DOT”) issued a final rule to require that aircraft lavatories be more accessible for wheelchair users. Specifically, the rulemaking, which is authorized under the Air Carrier Access Act and will amend certain parts of 14 CFR Part 382, will require U.S. and foreign airlines to ensure that lavatories on new single-aisle aircraft that are FAA-certified with a maximum seating capacity of 125 or more seats, are large enough to allow a passenger with a disability and an attendant to be able to approach, enter, and maneuver within the lavatory to allow for the passenger’s use of the aircraft lavatory. Importantly, the rulemaking does not require airlines to retrofit the cabin interiors of existing single-aisle aircraft, but rather, requires that any lavatories replaced on single-aisle aircraft three years after the effective date of the final rule, and any new aircraft originally ordered ten years after the effective date of the final rule or delivered twelve years after the effective date of the final rule be accessible in order to comply with the requirements of the rule. The rule will also require carriers to conduct annual “hands-on” training for employees regarding the use, stowage, and assistance of passengers to/from the lavatory using onboard wheelchairs and will require carriers to develop procedures for handling sharps and bio-waste and informing passengers of these procedures upon request. These requirements will become effective three years after the effective date of the final rule.
Some notable required specifications included in the rulemaking for single-aisle aircraft lavatories, include:
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Grab bars that must be provided and positioned to meet the needs of passengers with disabilities.
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Lavatory faucets with controls with tactile information concerning temperature, or alternatively, adjusted lavatory water temperature to eliminate the risk of scalding, and automated or hand-operated faucets able to dispense water for a minimum of five seconds.
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Attendant call buttons and door locks accessible to an individual seated within the lavatory.
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Lavatory controls and dispensers discernible through touch, and parts within the lavatory that are operable with one hand and that do not require tight grasping, pinching, or twisting of the wrist (to the extent that such accessible components are reasonably available and certificated for the applicable aircraft type).
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Lavatory doors that provide minimum obstruction to the passage of the onboard wheelchair across the sill while preventing the leakage of fluids from the lavatory floor and trip hazards during an emergency evacuation.
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A visual barrier to be provided upon the request of a passenger with a disability, that provides the passenger using the lavatory (with the lavatory door open) with a level of privacy substantially equivalent to the privacy provided to ambulatory users.
DOT noted that major reasons for the new rulemaking include the fact that for decades, accessible lavatories have been required on twin-aisle aircraft, but were not required for single-aisle aircraft, which are increasingly being used for long-haul flights, and to ensure that passengers with disabilities are able to safely access and use aircraft lavatories.
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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