Yesterday, the U.S. federal government announced a new rule dedicated to improving air travel for passengers with disabilities, especially for those who use mobility devices. The rule strengthens and clarifies the rights of people with disabilities who use air travel. 

The rule, which takes effect on January 16, 2025, will be helpful in laying groundwork for the future as air travel continues to expand. The number of passengers using air travel has surpassed pre-COVID-19 numbers in 2024, and is expected to double by 2042. 

People have wanted these rules for a long time because the Americans with Disabilities Act (ADA) does not cover air transit. Instead, an older law, called the Air Carrier Access Act (ACAA), applies. The ACAA does not provide as many protections as the ADA, resulting in harm to many individuals with disabilities when flying.

Some of the rights provided by the new rule include:

1. You have the right to receive safe and dignified air travel.
2. You have the right to independence, autonomy, privacy, and no heightened risk of injury when flying.
3. You have the right to receive prompt boarding, deboarding, and connecting assistance.
4. You have the right to receive a notification that your mobility device has been loaded and unloaded.
5. You have the right to receive a notification in writing if your mobility device is mishandled, information on how to file a claim, loaner mobility devices, and your choice of vender for repair.
6. You have the right to safe and adequate seating in an airport when waiting for your mobility device.
7. You have the right to a prompt repair of your mobility device.
8. You have a right to reimbursement and rebooking if your mobility device cannot fit in the cabin or cargo compartment of the aircraft.
9. You have the right to file a complaint for the mishandling of a mobility device.
10. You have the right to be provided with safe assistance by knowledgeable staff that have received annual hands-on training about persons with disabilities.

DRC acknowledges that much more must be done to ensure equitable access to air travel. Some of the barriers that must be removed include:

• Bestowing an ACAA private right of action.
• Ensuring that all types of disabilities—apparent and non-apparent—receive dignified and safe care.
• Present proactive tools to ensure a smooth travel experience for those with disabilities.
• Additional training for staff at all points in the air travel process and for all types of disabilities.
• Providing additional accessibility within the airports themselves, such as moving through the airport, easily available visual and sound announcements, transfers between gates, and accessing baggage.
• Clear hurdles when going through the TSA process and interacting with security measures.
• Streamlining information such as reservations and all services with plain language.
• Eliminating obstacles to requesting aid before, during, and after travel.
• Bridge gaps for having Personal Care Assistance while flying.
• Continue discussions with people with disabilities on best practices.
• Continuing to pave the way for more accessible restrooms on flights.
• Simplifying requirements for service animals in air travel, and providing proper care.
• Facilitate effective communication at all points in the process.
• Create innovative plane design with proper visual and sound cues and announcements, accessible signage, safety features, and safe storage compartments.
• Equal access to all features on a plane, including entertainment. 

In July, DRC provided public comment on the rule before it was finalized, commenting on the necessity of strengthening the Air Carrier Access Act (ACAA) to support a wide range of disabilities, not just those with mobility devices, and the need to lower the cost of air travel.

DRC continues to advocate for accessible, affordable, safe, timely, sustainable, climate-friendly, and dignified transportation for Californian and the U.S. population as a whole.

Your Rights when Traveling by Plane as a Person with a Disability

Introduction to Your Rights

Your rights when traveling by air are covered by different laws depending on where the discrimination occurs. Title II of the Americans with Disabilities Act (ADA) applies when you use an airport facility. The Air Carrier Access Act (ACAA) applies when you use a plane.

Resources: DRC recommends that disabled individuals review the new ACAA regulations so that they understand what may apply to them. DRC also recommends individuals with disabilities review the Airline Passengers with Disabilities Bill of Rights.

Airport Facilities: You have the right to receive equal access in airport facilities. If you are discriminated against within an airport, you have rights under the Americans with Disabilities Act (ADA), which covers airport facilities. Most airports are owned by public entities. Title II of the ADA prohibits disability-based discrimination by public transportation services. You may request a reasonable accommodation. You may request a TSA Support Specialist. You may file a complaint with the public entity with the Federal Transit Administration. You may bring a lawsuit with respect to discrimination within airport facilities. See DRC Publication on Public Transportation for additional resources.

Air Transit: You have the right to safe and dignified assistance from airlines. If you are discriminated against within a plane, you have rights under the Air Carrier Access Act (ACAA). You may call the DOT Toll-free Disability Hotline at 1-800-778-4838 for information on flying with a disability. You may file a DOT complaint online, or mail form 382 to Aviation Consumer Protection Division, Attn: C-75-D, U.S. Department of Transportation, 1200 New Jersey Ave, SE, Washington, D.C. 20590. Submit your complaint as soon as possible after the incident. The DOT will investigate the complaint and it is required to provide a written determination to you.  49 U.S. Code § 41705(c)(1). You may file a complaint directly with the airline you flew with. Because the ACAA provides no private right of action, individuals who have experienced discrimination during air travel cannot file a lawsuit.

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.