US DOT announces new air travel protections for passengers with disabilities

   

The United States Department of Transportation has issued more protections for airline passengers with disabilities. This final rule goes into effect on January 16, 2025.

Although the Biden Administration’s days in office are coming to a close, Transportation Secretary Pete Buttigieg and the staff of the United States Department of Transportation (USDOT) are working hard to accomplish their goals of protecting passenger rights.

Earlier today, the DOT announced a new final rule that goes into effect on January 16. The newly released final rule is the biggest expansion of rights for passengers with disabilities in a generation.

According to Secretary Buttigieg, the DOT has established a new standard. The rule affects the following:

  • Safe and dignified assistance standard
  • Enhanced training for airline personnel and contractors
  • Prompt enplaning, deplaning, and connecting assistance
  • Rebuttable presumption of violation for mishandlings
  • Passenger notifications
  • Publication of information related to aircraft cargo holds
  • Prompt return of delayed wheelchairs or scooters
  • Reimbursement for accessible ground transportation
  • Prompt repair or replacement of damaged wheelchairs
  • Loaner wheelchair or scooter accommodations
  • Reimbursement of fare difference
  • Rebooking requirements
  • Seating accommodations at the airport
  • New improved standards for on-board wheelchairs

The DOT says that data shows that for every 100 scooters or wheelchairs checked on domestic flights, at least one is damaged, delayed, or lost.

Last year, Vice President Kamala Harris and Secretary Buttigieg held a roundtable to hear from people with disabilities who were negatively impacted by air travel.

There is a significant number of people with disabilities who do not travel by air for fear.

The new rule will require airlines to post information about cargo holds online. This includes dimensions and other characteristics of the cargo hold, as well as the cargo hold entries.

The DOT is requiring this for all aircraft types operated by all airlines.

“Every passenger deserves safe, dignified travel when they fly—and we’ve taken unprecedented actions to hold airlines accountable when they do not provide fair treatment to passengers with disabilities. With the new protections we’re announcing today, we’re establishing a new standard for air travel—with clear and thorough guidelines for airlines to ensure that passengers using wheelchairs can travel safely and with dignity.” - Secretary Buttigieg

With prompt enplaning, deplaning, and connection assistance, the DOT requires a few things.

First, when deplaning, the airline is required to have personnel and a boarding wheelchair to deplane passengers as soon as the last passenger not needing assistance has left the plane.

The DOT adds that the passengers’ personal wheelchair, if they are traveling with one, should be available as close to the plane as possible.

Passenger notification has been broken down into three categories: required information prior to departure, required information upon arrival, and required information after the wheelchair or scooter is mishandled.

At check-in, airlines are now required to notify passengers in writing when they are checking their wheelchairs or scooters that if their wheelchair or scooter is mishandled, they have a right to contact a Complaint Resolution Official (CRO) and to be provided information on how to contact the CRO and a right to file a claim with the airline.

Before doors close on a flight, an airline must notify passengers that their devices have been loaded onto the flight or not. On arrival, passengers are to be notified as soon as their devices have been unloaded.

In the event of mishandling, airlines are required to tell passengers their rights; file a claim, receive a loaner wheelchair with certain customizations, choose a preferred vendor, if desired, for device repairs or replacement, and have a complaint resolution official available or tell passengers how to reach one.

Another important new rule is regarding on-board wheelchairs. From October 2, 2026, the DOT has set new performance standards for on-board wheelchairs on planes with more than 60 seats. The new standards must be met by October 2, 2031.