DOT SEEKS COMMENT ON CHANGES TO ACCESSIBLE LAVATORY REGULATIONS FOR SINGLE-AISLE AIRCRAFT
January 6, 2020
In December 2019, the Department of Transportation released a proposed update to its longstanding rule on the nondiscriminatory treatment of passengers with disabilities (14 C.F.R. Part 382) regarding accessible lavatories on single-aisle aircraft. The rulemaking proposes new performance requirements for accessible lavatory fixtures and for onboard wheelchairs (OBW). The proposed rulemaking is expected to be officially published on or around December 31, 2019, and comments on the proposed standards will be due within 60 days of publication in the Federal Register (i.e., through February 2020). DOT is encouraging public input on how precisely to understand and interpret some of the language it is adopting from the consultative process. The rulemaking will apply to newly-delivered single-aisle aircraft three years after publication of a final rule.
The current rulemaking focuses on “short-term” improvements to accessibility on single-aisle aircraft with 125 seats or more. “Long-term” suggestions from the consultative process, such as requiring single-aisle aircraft to have large accessible lavatories akin to those currently mandated for twin-aisle aircraft, are still under consideration and will be addressed in a separate rulemaking which is expected to be published in the coming months.
Under the proposed rule, at least one onboard lavatory on newly-delivered single-aisle aircraft with 125 or more seats (or at least one lavatory on an existing aircraft of that size if lavatories are upgraded) will need to meet new performance requirements. These include:
- Accessible grab bars, call buttons, door locks, dispensers, and controls
- Faucets with tactile information regarding temperature or designed to prevent scalding
- Minimal obstructions on lavatory door sills and sufficient clearance under sinks
- A visual barrier system allowing the lavatory to be used privately with the door ajar
- Removing the International Symbol of Accessibility from non-compliant lavatories
For onboard wheelchairs, the rule provides performance standards for safety and maneuverability to accommodate several different types of accessible use of the lavatory such as full backward entry of the OWB for private non-toilet tasks and partial forward entry for a stand-and-pivot transfer using accessible grab bars.
The proposed rule will also require carriers to meet new annual training standards of flight attendant proficiency, to publish information on their websites regarding lavatory accessibility, and provide information to passengers on procedures for safe disposal of sharps and bio-waste.
We encourage all carriers to familiarize themselves with these forthcoming requirements. Please let us know if we can assist with any questions or preparation of a public comment.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665).
Share This Post
Authors
