Disability Law Handbook

Air Travel

What disability law applies to air carriers?

The Air Carrier Access Act.

Is this a new law?

Not really. It was passed by Congress in 1986. In 1990, the Department of Transportation published implementing regulations. The Air Carrier Access Act (ACAA) is supposed to minimize the special problems that travelers with disabilities face as they navigate through the complex air travel system.

Does this law cover all kinds of disabilities or only mobility impairments?

It does cover all kinds of disabilities and it also covers temporary disabilities (like broken legs) that are not included in the definition of disability.

So airlines have to let people with disabilities on flights?

Yes. Airlines cannot refuse a passenger just because that passenger has a disability. Also, airlines cannot limit the number of people with disabilities on a particular flight. Any information that other passengers get must also be provided to people with disabilities. The only exceptions are if the individual with a disability would endanger the health or safety of other passengers or violate an FAA safety rule, or if the plane has fewer than 30 seats and there are no lifts or boarding chairs available that can adapt to the space limitations of such a small plane.

I use a portable oxygen concentrator (POC) and when I tried to take it on a plane a few years ago, the airline would not allow it. Is it lawful for them to do that?

The answer to that question has changed. Prior to May 2009, it was lawful for the airlines to prohibit POCs on flights. Now, however, on all U.S. airlines operating flights on aircraft with 29 or more seats, the airline must allow approved POCs. “Approved” just means that it has a label stating that it meets the FAA requirements for medical portable electronic devices.

What does an airline not have to provide under the ACAA?

The airline is not required to actually provide the medical oxygen for use on the plane, the ability to carry an incubator, hook-up for a respirator to the plane’s electrical system, or accommodations for a passenger who has to travel on a stretcher. If the airline chooses to provide any of these services, it may charge a reasonable fee and require 48-hour advance notice and 1-hour advance check-in.

What if I have a complaint under the ACAA?

There are two options. All airlines are required to have a Complaints Resolution Official (CRO) immediately available to resolve disagreements between passengers with disabilities and the airline. If things are not resolved by the CRO, then a complaint may be filed with:

Aviation Consumer Protection Division
U.S. Department of Transportation
400 Seventh Street, SW
Room 4107, C-75
Washington, D.C. 20590
http://Airconsumer.ost.dot.gov
202.366.2220/V
202.366.0511/TTY

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