Travel for my son has been limited to automobile transportation. Between his sensory issues due to Autism and his severe peanut allergy, I have been afraid to take my son on a plane. My son’s allergy doctor wrote a letter for me to provide to an airline should I choose to travel with my son on a plane. When I have contacted airlines about our potential trips, I was assured that we could board and deplane earlier than the other passengers. Also, our seats would be strategically located for our comfort. These are all reasonable accommodations offered by the airline, but leaving a plane “early” is not a true solution if my son has an immediate problem, like a meltdown, an anxiety attack or anaphylactic shock.
Travel limitation is especially cumbersome during the end-of-year holidays.
Surprisingly, I have family members who have physical challenges who have not had to remove airplanes as an option for their long-distance journeys.
While in the airport, the rights of individuals with disabilities are protected by the Americans with Disabilities Act (“ADA”), which is governed by the Department of Justice. Per the ADA, disabilities can include a physical or mental impairment that substantially limits a major life activity, such as learning, walking, seeing, and talking. See Section 504, for protections that primarily deal with accessibility.
Air carriers are subject to the rules in the Air Carriers Access Act (passed in 1986) that prohibits the discrimination of passengers who have disabilities. Air Carriers are governed by the Department of Transportation.
Equal access for travelers with special needs are about to improve. Last month marked a huge success for disability rights groups as the new “Bill of Rights” for air travelers with disabilities passed as part of the Federal Aviation Administration Reauthorization Act of 2018. Tying funding of the FAA to the protections will ensure improvement.
The Bill includes the following reforms:
• Increase civil penalties for bodily harm to a passenger with a disability and damage to wheelchairs or other mobility aids.
• Require that the Department of Transportation review, and if necessary, revise regulations ensuring passengers with disabilities receive dignified, timely and effective assistance at airports and on aircraft.
• Create the Advisory Committee on the Air Travel Needs of Passengers with Disabilities to identify barriers to air travel for individuals with disabilities and recommend consumer protection improvements.
• Require that the new Advisory Committee review airline practices for ticketing, preflight seat assignments and stowing of assistive devices, and make recommendations as needed.
• Mandate the DOT develop an Airline Passengers with Disabilities Bill of Rights, in consultation with stakeholders, describing rights of passengers with disabilities and responsibilities of air carriers.
• Study in-cabin wheelchair restraint systems, in coordination with disability advocates, air carriers and aircraft manufacturers.
You can find more information, although not updated recently, on Transportation.gov.
