§ 41728. Airline passengers with disabilities bill of rights

§ 41728. Airline passengers with disabilities bill of rights

(a) Airline Passengers With Disabilities Bill of Rights.— The Secretary of Transportation shall develop a document, to be known as the “Airline Passengers with Disabilities Bill of Rights”, using plain language to describe the basic protections and responsibilities of covered air carriers,11 See Definition note below. their employees and contractors, and people with disabilities under section 41705.

(b) Content.— In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a minimum, plain language descriptions of protections and responsibilities provided in law related to the following:

(1) The right of passengers with disabilities to be treated with dignity and respect.

(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and contractor personnel.

(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices.

(4) The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability.

(5) The right of passengers with disabilities to receive announcements in an accessible format.

(6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation.

(c) Rule of Construction.— The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of the FAA Reauthorization Act of 2018 pursuant to any statute or regulation.

(d) Consultations.— In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of Transportation shall consult with stakeholders, including disability organizations and covered air carriers and their contractors.

(e) Display.— Each covered air carrier shall include the Airline Passengers with Disabilities Bill of Rights—

(1) on a publicly available internet website of the covered air carrier; and

(2) in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability.

(f) Training.— Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure that employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b).

(Added and amended Pub. L. 118–63, title V, § 510(b), May 16, 2024, 138 Stat. 1194.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (c), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Codification

Section, as added and amended by section 510(b) of Pub. L. 118–63, is based on Pub. L. 115–254, div. B, title IV, § 434, Oct. 5, 2018, 132 Stat. 3343, which was formerly set out as a note under section 41705 of this title before being transferred to this chapter and renumbered as this section.

Amendments

2024—Pub. L. 118–63, § 510(b)(1), transferred section 434 of Pub. L. 115–254 to this chapter, renumbered it as this section, and amended style of section catchline. See Codification note above.

Subsec. (a). Pub. L. 118–63, § 510(b)(2)(A), substituted “section 41705” for “the section 41705 of title 49, United States Code”.

Subsec. (c). Pub. L. 118–63, § 510(b)(2)(B), substituted “the date of enactment of the FAA Reauthorization Act of 2018” for “the date of the enactment of this Act”.

Subsec. (f). Pub. L. 118–63, § 510(b)(2)(C), substituted “ensure that employees” for “ensure employees”.

Statutory Notes and Related Subsidiaries

Improved Training Standards for Assisting Passengers Who Use Wheelchairs

Pub. L. 118–63, title V, § 542, May 16, 2024, 138 Stat. 1201, provided that: “(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device. “(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors who assist passengers who use wheelchairs who board or deplane using an aisle chair or other boarding device—“(1) before being allowed to assist a passenger using an aisle chair or other boarding device to board or deplane, be able to successfully demonstrate skills (during hands-on training sessions) on—“(A) how to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features; “(B) how to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer; and “(C) how to effectively communicate with, and take instruction from, the passenger; “(2) are trained regarding the availability of accessible lavatories and on-board wheelchairs and the right of a qualified individual with a disability to request an on-board wheelchair; and “(3) complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for providing aisle chair assistance. “(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—“(1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in developing, administering, and auditing training; “(2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; and “(3) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training incorporating procedures from medical professionals on how to properly lift these passengers. “(d) Final Rule.—Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. “(e) Penalties.—The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).”

Training Standards for Stowage of Wheelchairs and Scooters

Pub. L. 118–63, title V, § 543, May 16, 2024, 138 Stat. 1202, provided that: “(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft. “(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that personnel and contractors of air carriers and foreign air carriers who stow wheelchairs and scooters on aircraft—“(1) before being allowed to handle or stow a wheelchair or scooter, be able to successfully demonstrate skills (during hands-on training sessions) on—“(A) how to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier; “(B) how to properly review any wheelchair or scooter information provided by the passenger or the wheelchair or scooter manufacturer; and “(C) how to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier; and “(2) complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for handling and stowing wheelchairs and scooters. “(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, whether to require air carriers and foreign air carriers to partner with wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing, administering, and auditing training. “(d) Final Rule.—Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. “(e) Penalties.—The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).”

Mobility Aids on Board Improve Lives and Empower All

Pub. L. 118–63, title V, § 544, May 16, 2024, 138 Stat. 1203, provided that: “(a) Publication of Cargo Hold Dimensions.—“(1) In general.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall require air carriers to publish in a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo. “(2) Proprietary information.—The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate. “(b) Refund Required for Individual Traveling With Wheelchair.—In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight. “(c) Evaluation of Data Regarding Damaged Wheelchairs.—Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—“(1) evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by—“(A) types of wheelchairs involved in such incidents; and “(B) the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery or other components, loss, or delay of return); “(2) determine whether there are trends with respect to the data evaluated under paragraph (1); and “(3) make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made under paragraphs (1) and (2) and a description of how the Secretary plans to address such results. “(d) Report to Congress on Mishandled Wheelchairs.—Upon completion of each annual report required under subsection (c), the Secretary shall transmit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] such report. “(e) Feasibility of In-Cabin Wheelchair Restraint Systems.—“(1) Roadmap.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics [probably should be “National Academies of Sciences, Engineering, and Medicine”] Transportation Research Board Special Report 341—“(A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA [Federal Aviation Administration] crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and “(B) sponsor studies that assess issues and considerations, including those set forth in such Special Report 341, such as—“(i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and “(ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight. “(2) Study.—If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight. Such study shall include an assessment of—“(A) the cost of such seating arrangements, equipment, and installation; “(B) the demand for such seating arrangements; “(C) the impact of such seating arrangements on passenger seating and safety on aircraft; “(D) the impact of such seating arrangements on the cost of operations and airfare; and “(E) any other information determined appropriate by the Secretary. “(3) Report.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2) and any recommendations the Secretary determines appropriate. “(f) Definitions.—In this section:“(1) Air carrier.—The term ‘air carrier’ has the meaning given such term in section 40102 of title 49, United States Code. “(2) Disability; qualified individual with a disability.—The terms ‘disability’ and ‘qualified individual with a disability’ have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act [May 16, 2024]). “(3) Wheelchair.—The term ‘wheelchair’ has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), and includes power wheelchairs, manual wheelchairs, and scooters.”

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