Protecting disabled passengers
Disabled passengers have often faced difficulties when traveling by air, raising concerns about how airlines and airports handle the passengers and their equipment.
On December 17, 2024, the Department of Transport issued its final rule, setting requirements regarding mishandled wheelchairs and scooters and improper transfers to and from the seats onboard, aisle chairs, and personal wheelchairs.
While the final rule became effective on January 16, 2025, enforcement of the amendments enacted is delayed until March 20, 2025. According to DOT, the President issued a memorandum titled “Regulatory Freeze Pending Review” on January 20, 2025.
The memorandum compels executive departments and agencies to consider postponing for 60 days the effective date for any rules published in the Federal Register but had not been effective pending review of any questions of fact, law, and policy.
The DOT is not explicitly subject to the memorandum but will exercise its enforcement discretion and not enforce the provisions of last year’s final rule until March 20.
Meanwhile, the officials designated or appointed by the President will review the December 17 rule to ensure consistency with the law and administration policies.
Provisions of the final rule
The DOT issued the final rule to strengthen its regulation, implementing the Air Carrier Access Act (ACAA) and addressing the challenges faced by disabled air travelers when using wheelchairs and scooters, which impact their safety and dignity.
These include the mishandling of wheelchairs and scooters and improper transfers to and from aircraft seats, aisle chairs, and personal wheelchairs.
The rule aims to ensure safe and accessible air travel for all passengers.
However, it can be particularly difficult for passengers with disabilities as they use wheelchairs and scooters and rely on physical assistance provided by US and foreign airlines, as well as third-party passenger handling companies.
When assistive devices and wheelchairs are lost or mishandled, passengers are significantly affected, facing disruptions like loss of mobility independence, personal injury, lost opportunities and wages, and reduced safety.
Consequently, many individuals with disabilities completely avoid air travel due to the risks. The major provisions of the final rule include:
The compliance date for many of the provisions was set to January 16, 2025, while others were set to a later date.
Although not quantified, the expected benefits include decreasing the number of fatal and non-fatal injuries suffered by disabled travelers and reducing embarrassment resulting from inadequate assistance.
The costs to the industry, which are also not quantified, include increased staffing levels and administrative costs.
Assisting passengers with disabilities
In many cases, passengers with disabilities requiring wheelchairs cannot board the aircraft with their own wheelchair and must surrender them to the airline for stowage, leaving them to rely on airline staff and contractors to take good care and return them in a timely manner. While on the aircraft, passengers are left with minimal options.
Last year, a BBC journalist shared a horrible experience in which he was forced to crawl from his seat to the lavatory due to the lack of a wheelchair onboard.
While it was not a flight to or from the US, the incident highlighted some of the challenges travelers with disabilities face globally.
