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**U.S. Department of**

**Transportation**

**14 CFR Part 382**

**Nondiscrimination on the Basis**

**of Disability in Air Travel**

Includes amendments issued through July 2003 (e.g., includes the
amendment on reporting of disability-related consumer complaints)

TITLE 14 \-- AERONAUTICS AND SPACE

CHAPTER II \-- OFFICE OF THE SECRETARY

DEPARTMENT OF TRANSPORTATION

***PART 382***

***NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL***

**Subpart A---General Provisions**

382.1 Purpose.

383.3 Applicability.

382.5 Definitions.

382.7 General prohibition of discrimination.

382.9 Assurances from contractors.

**Subpart B---Requirements Concerning Facilities**

382.21 Aircraft accessibility.

382.23 Airport facilities.

**Subpart C---Requirements for Services**

382.31 Refusal of transportation.

382.33 Advance notice requirements.

382.35 Attendants.

382.37 Seat assignments.

382.38 Seating accommodations.

382.39 Provision of services and equipment.

382.40 Boarding assistance for small aircraft.

382.40a Boarding assistance for large aircraft

382.41 Stowage of personal equipment.

382.43 Treatment of mobility aids and assistive devices.

382.45 Passenger information.

382.47 Accommodations for persons with hearing impairments.

382.49 Security screening of passengers.

382.51 Communicable diseases.

382.53 Medical certificates.

382.55 Miscellaneous provisions.

382.57 Charges for accommodations prohibited.

**Subpart D---Administrative Provisions**

382.61 Training.

382.63 Carrier programs. [Authority]{.smallcaps}: 49 U.S.C. 41702,
47105, and 41712.

382.65 Compliance procedures. [Source]{.smallcaps}: 55 FR 8046, Mar. 6,
1990 and amendments.

382.70 Disability-related complaints received by carriers**.**

**SUBPART A \-- GENERAL PROVISIONS**

**§ 382.1 Purpose.**

The purpose of this part is to implement the Air Carrier Access Act of
1986 (49 U.S.C. 41705), which provides that no air carrier may
discriminate against any otherwise qualified individual with a
disability, by reason of such disability, in the provision of air
transportation.

**§ 382.3 Applicability.**

\(a\) Except as provided in this section, this part applies to all air
carriers providing air transportation.

\(b\) Sections 382.21-382.63 do not apply to indirect air carriers.

\(c\) Except for § 382.70, this part does not apply to foreign air
carriers or to airport facilities outside the United States, its
territories, possessions, and

commonwealths.

\(d\) Nothing in this part shall authorize or require a carrier to fail
to comply with any applicable FAA safety regulation.

\(e\) The compliance date for the following provisions of this part is
June 4, 1990:

§ 382.7 (b)

§ 382.21(c)

§ 382.31(e)

§ 382.33(f)

§ 382.35 (d), (e)

§ 382.37 (b), (c)

§ 382.39 (a) (second sentence of introductory language); (a)(1) and
(a)(2), with respect to acquisition of equipment; (a)(3); (b)(3); (b)(4)

§ 382.41 (d), (e)(2), (f)

§ 382.45 (a), (c)

§ 382.47(a)

§ 382.49 (b), (c)

§ 382.65 (a), (b)(2).

\(f\) The compliance date for the following provisions of this part is
August 5, 1990:

§ 382.9

§ 382.23(e)

§ 382.33(d)

§ 382.51

§ 382.53(c).

\(g\) The compliance date for the following provisions for this part is
October 5, 1990:

§ 382.35 (b)(2), (b)(3)

§ 382.41(g), with respect to the acceptance and stowage of batteries
requiring hazardous materials packaging, for carriers which, as of March
6, 1990, had a policy of carrying no hazardous materials.

**§ 382.5 Definitions.**

As used in this Part \--

*Air Carrier or carrier* means any citizen of the United States who
undertakes, whether directly or indirectly or by a lease or any other
arrangement, to engage in air transportation.

*Air carrier airport* means a public, commercial service airport which
enplanes annually 2,500 or more passengers and receives scheduled air
service.

*Air transportation* means interstate, overseas, or foreign air
transportation, or the transportation of mail by aircraft, as defined in
the Federal Aviation Act.

*Department or DOT* means the United States Department of
Transportation.

*FAA* means the Federal Aviation Administration, an operating
administration of the Department.

*Facility* means all or any portion of aircraft, buildings, structures,
equipment, roads, walks, parking lots, and any other real or personal
property, normally used by passengers or prospective passengers visiting
or using the airport, to the extent the carrier exercises control over
the selection, design, construction, or alteration of the property.

*Individual with a disability* means any individual who has a physical
or mental impairment that, on a permanent or temporary basis,
substantially limits one or more major life activities, has a record of
such an impairment, or is regarded as having such an impairment. As used
in this definition, the phrase:

\(a\) *Physical or mental impairment* means:

\(1\) any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory
including speech organs, cardio-vascular, reproductive, digestive,
genito-urinary, hemic and lymphatic, skin, and endocrine; or

\(2\) any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.

The term *physical or mental impairment* includes, but is not limited
to, such diseases and conditions as orthopedic, visual, speech, and
hearing impairments; cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, drug addiction, and alcoholism.

\(b\) *Major life activities* means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.

\(c\) *Has a record of such impairment* means has a history of, or has
been classified, or misclassified, as having a mental or physical
impairment that substantially limits one or more major life activities.

\(d\) *Is regarded as having an impairment* means:

\(1\) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by an air carrier as
constituting such a limitation;

\(2\) Has a physical or mental impairment that substantially limits a
major life activity only as a result of the attitudes of others toward
such an impairment; or

\(3\) Has none of the impairments set forth in this definition but is
treated by an air carrier as having such an impairment.

*Indirect air carrier* means a person not directly involved in the
operation of an aircraft who sells air transportation services to the
general public other than as an authorized agent of an air carrier.

*Qualified individual with a disability* means a individual with a
disability who \--

\(a\) With respect to accompanying or meeting a traveler, use of ground
transportation, using terminal facilities, or obtaining information
about schedules, fares or policies, takes those actions necessary to
avail himself or herself of facilities or services offered by an air
carrier to the general public, with reasonable accommodations, as
needed, provided by the carrier;

\(b\) With respect to obtaining a ticket for air transportation on an
air carrier, offers, or makes a good faith attempt to offer, to purchase
or otherwise validly to obtain such a ticket;

\(c\) With respect to obtaining air transportation, or other services or
accommodations required by this part:

\(1\) Purchases or possesses a valid ticket for air transportation on an
air carrier and presents himself or herself at the airport for the
purpose of traveling on the flight for which the ticket has been
purchased or obtained; and

\(2\) Meets reasonable, nondiscriminatory contract of carriage
requirements applicable to all passengers;

*Scheduled air service* means any flight scheduled in the current
edition of the Official Airline Guide, the carrier's published schedule,
or the computer reservation system used by the carrier.

**§ 382.7 General prohibition of discrimination.**

\(a\) A carrier shall not, directly or through contractual, licensing,
or other arrangements:

\(1\) Discriminate against any otherwise qualified individual with a
disability, by reason of such disability, in the provision of air
transportation;

\(2\) Require a person with a disability to accept special services
(including, but not limited to, preboarding) not requested by the
passenger;

\(3\) Exclude a qualified individual with a disability from or deny the
person the benefit of any air transportation or related services that
are available to other persons, even if there are separate or different
services available for persons with a disability except when
specifically permitted by another section of this part; or,

\(4\) Take any action adverse to an individual because of the
individual's assertion, on his or her own behalf or through or behalf of
others, of rights protected by this part or the Air Carrier Access Act.

\(b\) If an indirect air carrier provides facilities or services for
passengers that are covered for other carriers by sections
382.21-382.55, the indirect air carrier shall do so in a manner
consistent with those sections.

\(c\) Carriers shall, in addition to meeting the other requirements of
this part, modify policies, practices, or facilities as needed to ensure
nondiscrimination, consistent with the standards of section 504 of the
Rehabilitation Act, as amended. Carriers are not required to make
modifications that would constitute an undue burden or would
fundamentally alter their program.

**§ 382.9 Assurances from contractors.**

Carriers' contracts with contractors who provide services to passengers,
including carriers' agreements of appointment with travel agents
(excluding travel agents who are not U.S. citizens who provide services
to air carriers outside the United States, its territories and
commonwealths), shall include a clause assuring:

\(a\) Nondiscrimination on the basis of disability, consistent with this
part, by such contractors in activities performed on behalf of the
carriers; and

\(b\) That contractor employers will comply with directives issued by
carrier complaints resolution officials (CROs) under § 382.65.

**§§ 382.11\--382.19 \[Reserved\]**

**SUBPART B \-- REQUIREMENTS CONCERNING FACILITIES**

**§ 382.21 Aircraft accessibility.**

\(a\) The following requirements apply to new aircraft operated under 14
CFR part 121 and ordered by the carrier after April 5, 1990 or delivered
to the carrier after April 5, 1992:

(1)(i) Aircraft with 30 or more passenger seats on which passenger aisle
seats have armrests shall have movable aisle armrests on at least
one-half of passenger aisle seats.

\(ii\) Such armrests are not required to be provided on aisle seats on
which a movable armrest is not feasible or aisle seats which a passenger
with a mobility impairment is precluded from using by an FAA safety
rule.

\(iii\) For aircraft equipped with movable aisle armrests as required by
this paragraph, carriers shall configure cabins, or establish
administrative systems, to ensure that individuals with mobility
impairments or other persons with disabilities can readily obtain
seating in rows with movable aisle armrests.

\(2\) Aircraft with 100 or more passenger seats shall have a priority
space in the cabin designated for stowage of at least one folding
wheelchair;

\(3\) Aircraft with more than one aisle in which lavatories are provided
shall include at least one accessible lavatory. This lavatory shall
permit a qualified individual with a disability to enter, maneuver
within as necessary to use all lavatory facilities, and leave, by means
of the aircraft's on-board wheelchair. The accessible lavatory shall
afford privacy to persons using the on-board wheelchair equivalent to
that afforded ambulatory users. The lavatory shall provide door locks,
accessible call buttons, grab bars, faucets and other controls, and
dispensers usable by qualified individuals with a disability, including
wheelchair users and persons with manual impairments;

(4)(i) Aircraft with more than 60 passenger seats having an accessible
lavatory, whether or not required to have such a lavatory by paragraph
(a)(3) of this section, shall be equipped with an operable on-board
wheelchair for the use of passengers.

\(ii\) The carrier shall ensure that an operable on-board wheelchair is
provided for a flight using an aircraft with more than 60 passenger
seats on the request (with advance notice as provided in § 382.33(b)(8))
of a qualified individual with a disability who represents to the
carrier that he or she is able to use an inaccessible lavatory but is
unable to reach the lavatory from a seat without the use of an on-board
wheelchair.[^1]

\(iii\) On-board wheelchairs shall include footrests, armrests which are
movable or removable, adequate occupant restraint systems, a backrest
height that permits assistance to passengers in transferring,
structurally sound handles for maneuvering the occupied chair, and wheel
locks or another adequate means to prevent chair movement during
transfer or turbulence. The chair shall be designed to be compatible
with the maneuvering space, aisle width, and seat height of the aircraft
on which it is to be used, and to be easily pushed, pulled, and turned
in the cabin environment by carrier personnel.

(b)(1) Except as provided in paragraph (b)(2) of this section, aircraft
in service on the effective date of this part (April 5, 1990) shall not
be required to be retrofitted for the sole purpose of enhancing
accessibility.

\(2\) No later than April 5, 1992, each carrier shall comply with the
provisions of paragraph (a)(4) of this section with respect to all
aircraft with more than 60 passenger seats operated under 14 CFR part
121.

\(c\) Whenever an aircraft operated under 14 CFR part 121 which does not
have the accessibility features set forth in paragraph (a) of this
section undergoes replacement of cabin interior elements or lavatories,
or the replacement of existing seats with newly manufactured seats, the
carrier shall meet the requirements of paragraph (a) of this section
with respect to the affected feature(s) of the aircraft.

\(d\) Aircraft operated under 14 CFR part 121 with fewer than 30
passenger seats (with respect to the requirements of paragraph (a)(1) of
this section), fewer than 100 passenger seats (with respect to the
requirements of paragraph (a)(2) of this section) or 60 or fewer
passenger seats (with respect to the requirements of paragraph (a)(4) of
this section), and aircraft operated under 14 CFR part 135, shall comply
with the requirements of this section to the extent not inconsistent
with structural, weight and balance, operational and interior
configuration limitations.

\(e\) Any replacement or refurbishing of the aircraft cabin shall not
reduce existing accessibility to a level below that specified in this
part.

\(f\) Carriers shall maintain aircraft accessibility features in proper
working order.

**§ 382.23 Airport facilities.**

\(a\) This section applies to all terminal facilities and services
owned, leased, or operated on any basis by an air carrier at a
commercial service airport, including parking and ground transportation
facilities.

\(b\) Air carriers shall ensure that the terminal facilities and
services subject to this section shall be readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs. Air carriers shall be deemed to comply with this Air
Carrier Access Act obligation if they meet requirements applying to
places of public accommodation under Department of Justice (DOJ)
regulations implementing Title III of the Americans with Disabilities
Act (ADA).

\(c\) The carrier shall ensure that there is an accessible path between
the gate and the area from which aircraft are boarded.

\(d\) Systems of inter-terminal transportation, including, but not
limited to, shuttle vehicles and people movers, shall comply with
applicable requirements of the Department of Transportation's ADA rule.

\(e\) The Americans with Disabilities Act Accessibility Guidelines
(ADAAGs), including section 10.4 concerning airport facilities, shall be
the standard for accessibility under this section.

\(f\) Contracts or leases between carriers and airport operators
concerning the use of airport facilities shall set forth the respective
responsibilities of the parties for the provision of accessible
facilities and services to individuals with disabilities as required by
this part for carriers and applicable section 504 and ADA rules of the
Department of Transportation and Department of Justice for airport
operators.

\[Amdt. 6, 61 FR 56423, Nov. 1, 1996\]

**§§ 382.25\--382.29 \[Reserved\]**

**SUBPART C \-- REQUIREMENTS CONCERNING SERVICES**

**§ 382.31 Refusal of transportation.**

\(a\) Unless specifically permitted by a provision of this part, a
carrier shall not refuse to provide transportation to a qualified
individual with a disability on the basis of his or her disability.

\(b\) A carrier shall not refuse to provide transportation to a
qualified individual with a disability solely because the person's
disability results in appearance or involuntary behavior that may
offend, annoy, or inconvenience crewmembers or other passengers.

\(c\) A carrier shall not refuse to provide transportation to qualified
individuals with a disability by limiting the number of such persons who
are permitted to travel on a given flight.

\(d\) Carrier personnel, as authorized by 49 U.S.C. 44902, 14 CFR 91.8,
or 14 CFR 121.533, may refuse to provide transportation to any passenger
on the basis of safety, and may refuse to provide transportation to any
passenger whose carriage would violate the Federal Aviation Regulations.
In exercising this authority, carrier personnel shall not discriminate
against any qualified individual with a disability on the basis of
disability and their actions shall not be inconsistent with the
provisions of this Part. In the event that such action is inconsistent
with the provisions of this Part, the carrier shall be subject to
remedies provided under § 382.65.

\(e\) When a carrier refuses to provide transportation to any person on
a basis relating to the individual's disability, the carrier shall
specify in writing to the person the basis for the refusal, including,
where applicable, the reasonable and specific basis for the carrier's
opinion that transporting the person would or might be inimical to the
safety of the flight. This written explanation shall be provided within
10 calendar days of the refusal of transportation.

**§ 382.33 Advance notice requirements.**

\(a\) Except as provided in paragraph (b) of this section, a carrier
shall not require a qualified individual with a disability to provide
advance notice of his or her intention to travel or of his or her
disability as a condition of receiving transportation or of receiving
services or accommodations required by this part.

\(b\) A carrier may require up to 48 hours advance notice and one-hour
advance check-in concerning a qualified individual with a disability who
wishes to receive any of the following services, types of equipment, or
accommodations:

\(1\) Medical oxygen for use on board the aircraft, if this service is
available on the flight;

\(2\) Carriage of an incubator, if this service is available on the
flight;

\(3\) Hook-up for a respirator to the aircraft electrical power supply,
if this service is available on the flight;

\(4\) Accommodation for a passenger who must travel in a stretcher, if
this service is available on the flight;

\(5\) Transportation for an electric wheelchair on a flight scheduled to
be made with an aircraft with fewer than 60 seats;

\(6\) Provision by the carrier of hazardous materials packaging for a
battery for a wheelchair or other assistive device;

\(7\) Accommodation for a group of ten or more qualified individuals
with a disability, who make reservations and travel as a group; and

\(8\) Provision of an on-board wheelchair on an aircraft that does not
have an accessible lavatory.

\(c\) If a passenger does not meet advance notice or check-in
requirements established by a carrier consistent with this section, the
carrier shall nonetheless provide the service, equipment, or
accommodation if it can do so by making a reasonable effort, without
delaying the flight.

\(d\) Carriers' reservation and other administrative systems shall
ensure that when advance notice is provided by qualified individuals
with a disability as provided by this section, the notice is recorded
and properly transmitted to operating employees responsible for
providing the accommodation concerning which notice was provided.

\(e\) If the qualified individual with a disability provides the notice
required by the carrier for a service under paragraph (b) of this
section, the carrier shall ensure that the requested service is
provided.

\(f\) If a qualified individual with a disability provides advance
notice to a carrier, and the individual is forced to change to the
flight of a different carrier because of the cancellation of the
original flight or the substitution of inaccessible equipment, the first
carrier shall, to the maximum extent feasible, provide assistance to the
second carrier in providing the accommodation requested by the
individual from the first carrier.

**§ 382.35 Attendants.**

\(a\) Except as provided in this section, a carrier shall not require
that a qualified individual with a disability travel with an attendant
as a condition of being provided air transportation. A concern on the
part of carrier personnel that a individual with a disability may need
to use inaccessible lavatory facilities or may otherwise need extensive
special assistance for personal needs which carrier personnel are not
obligated to provide is not a basis on which the carrier may require an
attendant.

\(b\) A carrier may require that a qualified individual with a
disability meeting any of the following criteria travel with an
attendant as a condition of being provided air transportation, if the
carrier determines that an attendant is essential for safety:

\(1\) A person traveling in a stretcher or incubator. The attendant for
such a person must be capable of attending to the passenger's in-flight
medical needs;

\(2\) A person who, because of a mental disability, is unable to
comprehend or respond appropriately to safety instructions from carrier
personnel, including the safety briefing required by 14 CFR 121.571 (a)
(3) and (a)(4) or 14 CFR 135.117(b);

\(3\) A person with a mobility impairment so severe that the person is
unable to assist in his or her own evacuation of the aircraft;

\(4\) A person who has both severe hearing and severe vision
impairments, if the person cannot establish some means of communication
with carrier personnel, adequate to permit transmission of the safety
briefing required by 14 CFR 121.571(a)(3) and (a)(4) or 14 CFR
135.117(b).

\(c\) If the carrier determines that a person meeting the criteria of
paragraph (b)(2), (b)(3) or (b)(4) of this section must travel with an
attendant, contrary to the individual's self-assessment that he or she
is capable of traveling independently, the carrier shall not charge for
the transportation of the attendant.

\(d\) If, because there is not a seat available on a flight for an
attendant whom the carrier has determined to be necessary, a person with
a disability who has a confirmed reservation is unable to travel on the
flight, the person with a disability shall be eligible for denied
boarding compensation under 14 CFR part 250.

\(e\) For purposes of determining whether a seat is available for an
attendant, the attendant shall be deemed to have checked in at the same
time as the person with a disability.

**§ 382.37 Seat assignments.**

\(a\) Carriers shall not exclude any qualified individual with a
disability from any seat in an exit row or other location or require
that a qualified individual with a disability sit in any particular
seat, on the basis of disability, except in order to comply with the
requirements of an FAA safety regulation or as provided in this section.

\(b\) If a person's disability results in involuntary active behavior
that would result in the person properly being refused transportation
under § 382.31, and the safety problem could be mitigated to a degree
that would permit the person to be transported consistent with safety if
the person is seated in a particular location, the carrier shall offer
the person that particular seat location as an alternative to being
refused transportation.

\(c\) If a service animal cannot be accommodated at the seat location of
the qualified individual with a disability whom the animal is
accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger
the opportunity to move with the animal to a seat location, if present
on the aircraft, where the animal can be accommodated, as an alternative
to requiring that the animal travel with checked baggage.

**§ 382.38 Seating accommodations.**

\(a\) On request of an individual who self-identifies to a carrier as
having a disability specified in this paragraph, the carrier shall
provide the following seating accommodations, subject to the provisions
of this section:

\(1\) For a passenger who uses an aisle chair to access the aircraft and
who cannot readily transfer over a fixed aisle armrest, the carrier
shall provide a seat in a row with a movable aisle armrest.

\(2\) The carrier shall provide a seat next to a passenger traveling
with a disability for a person assisting the individual in the following
circumstances:

\(i\) When an individual with a disability is traveling with a personal
care attendant who will be performing a function for the individual
during the flight that airline personnel are not required to perform
(e.g., assistance with eating);

\(ii\) When an individual with a vision impairment is traveling with a
reader/assistant who will be performing functions for the individual
during the flight; or

\(iii\) When an individual with a hearing impairment is traveling with
an interpreter who will be performing functions for the individual
during the flight.

\(3\) For an individual traveling with a service animal, the carrier
shall provide, as the individual requests, either a bulkhead seat or a
seat other than a bulkhead seat.

\(4\) For a person with a fused or immobilized leg, the carrier shall
provide a bulkhead seat or other seat that provides greater legroom than
other seats, on the side of an aisle that better accommodates the
individual's disability.

\(b\) A carrier that provides advance seat assignments shall comply with
the requirements of paragraph (a) of this section by any of the
following methods:

\(1\) The carrier may "block" an adequate number of the seats used to
provide the seating accommodations required by this section.

\(i\) The carrier shall not assign these seats to passengers not needing
seating accommodations provided under this paragraph until 24 hours
before the scheduled departure of the flight.

\(ii\) At any time up until 24 hours before the scheduled departure of
the flight, the carrier shall assign a seat meeting the requirements of
this section to an individual who requests it.

\(iii\) If an individual with a disability does not make a request at
least 24 hours before the scheduled departure of the flight, the carrier
shall meet the individual's request to the extent practicable, but is
not required to reassign a seat assigned to another passenger in order
to do so.

\(2\) The carrier may designate an adequate number of the seats used to
provide seating accommodations required by this section as "priority
seats" for individuals with disabilities.

\(i\) The carrier shall provide notice that all passengers assigned
these seats (other than passengers with disabilities listed in paragraph
(a) of this section) are subject to being reassigned to another seat if
necessary to provide a seating accommodation required by this section.
The carrier may provide this notice through its computer reservation
system, verbal information provided by reservation personnel, ticket
notices, gate announcements, counter signs, seat cards or notices,
frequent-flier literature, or other appropriate means.

\(ii\) The carrier shall assign a seat meeting the requirements of this
section to an individual who requests the accommodation and checks in at
least one hour before the scheduled departure of the flight. If all
designated priority seats that would accommodate the individual have
been assigned to other passengers, the carrier shall reassign the seats
of the other passengers as needed to provide the requested
accommodation.

\(iii\) If the individual with a disability does not check in at least
an hour before the scheduled departure of the flight, the carrier shall
meet the individual's request to the extent practicable, but is not
required to reassign a seat assigned to another passenger in order to do
so.

\(c\) On request of an individual who self-identifies to a carrier as
having a disability other than one in the four categories listed in
paragraph (a) of this section and as needing a seat assignment
accommodation in order to readily access and use the carrier's air
transportation services, a carrier that assigns seats in advance shall
provide such an accommodation, as described in this paragraph.

\(1\) A carrier that complies with paragraph (a) of this section through
the "seat-blocking" mechanism of paragraph (b)(1) of this section shall
implement the requirements of this paragraph as follows:

\(i\) When the passenger with a disability not described in paragraph
(a) of this section makes a reservation more than 24 hours before the
scheduled departure time of the flight, the carrier is not required to
offer the passenger one of the seats blocked for the use of passengers
with disabilities listed under paragraph (a) of this section.

\(ii\) However, the carrier shall assign to the passenger any seat, not
already assigned to another passenger, that accommodates the passenger's
needs, even if that seat is not available for assignment to the general
passenger population at the time of the request.

\(2\) A carrier that complies with this section through the "designated
priority seats" mechanism of paragraph (b)(2) of this section shall
implement the requirements of this paragraph as follows:

\(i\) When a passenger with a disability not described in paragraph (a)
of this section makes a reservation, the carrier shall assign to the
passenger any seat, not already assigned to another passenger, that
accommodates the passenger's needs, even if that seat is not available
for assignment to the general passenger population at the time of the
request.

\(ii\) If such a passenger is assigned to a designated priority seat, he
or she is subject to being reassigned to another seat as provided in
paragraph (b)(2) of this section.

\(d\) A carrier that does not provide advance seat assignments shall
provide seating accommodations for persons described in paragraphs (a)
and (c) of this section by allowing them to board the aircraft before
other passengers, including other "pre-boarded" passengers, so that the
individuals needing seating accommodations can select seats that best
meet their needs if they have taken advantage of the opportunity to
pre-board.

\(e\) A carrier may comply with the requirements of this section through
an alternative method not specified in paragraphs (b) through (d) of
this section. A carrier wishing to do so shall obtain the written
concurrence of the Department of Transportation (Office of the
Secretary) before implementing the alternative method.

\(f\) The carrier shall assign a seat providing an accommodation
requested by an individual with a disability, as specified in this
section, even if the seat is not otherwise available for assignment to
the general passenger population at the time of the individual's
request.

\(g\) If the carrier has already provided a seat to an individual with a
disability to furnish an accommodation required by paragraph (a) or (c)
of this section, the carrier shall not reassign that individual to
another seat in response to a subsequent request from another individual
with a disability, without the first individual's consent.

\(h\) In no case shall any individual be denied transportation on a
flight in order to provide accommodations required by this section.

\(i\) Carriers are not required to furnish more than one seat per ticket
or to provide a seat in a class of service other than the one the
passenger has purchased.

\(j\) In responding to requests from individuals for accommodations
required by this section, carriers shall comply with FAA safety rules,
including those pertaining to exit seating (see 14 CFR 121.585 and
135.129).

\(k\) Carriers are required to comply with this section beginning
September 30, 1998.

**§ 382.39 Provision of services and equipment.**

Carriers shall ensure that qualified individuals with a disability are
provided the following services and equipment:

\(a\) Carriers shall provide assistance requested by or on behalf of
qualified individuals with a disability, or offered by air carrier
personnel and accepted by qualified individuals with a disability, in
enplaning and deplaning. The delivering carrier shall be responsible for
assistance in making flight connections and transportation between
gates.

\(1\) This assistance shall include, as needed, the services personnel
and the use of ground wheelchairs, boarding wheelchairs, on-board
wheelchairs where provided in accordance with this part, and ramps or
mechanical lifts.

\(2\) Boarding shall be by level-entry loading bridges or accessible
passenger lounges, where these means are available. Where these means
are unavailable, assistance in boarding aircraft with 30 or fewer
passenger seats shall be provided as set forth in Sec. 382.40, and
assistance in boarding aircraft with 31 or more seats shall be provided
as set forth in Sec. 382.40a. In no case shall carrier personnel
hand-carry a passenger in order to provide boarding or deplaning
assistance (i.e., directly pick up the passenger\'s body in the arms of
one or more carrier personnel to effect a change of level that the
passenger needs to enter or leave the aircraft). Hand-carrying of
passengers is permitted only for emergency evacuations.

\(3\) Carriers shall not leave a passenger with a disability unattended
in a ground wheelchair, boarding wheelchair, or other device, in which
the passenger is not independently mobile, for more than 30 minutes.

\(b\) Carriers shall provide services within the aircraft cabin as
requested by or on behalf of individuals with a disability, or when
offered by air carrier personnel and accepted by individuals with a
disability as follows:

\(1\) Assistance in moving to and from seats, as part of the enplaning
and deplaning processes;

\(2\) Assistance in preparation for eating, such as opening packages and
identifying food;

\(3\) If there is an on-board wheelchair on the aircraft, assistance
with the use of the on-board wheelchair to enable the person to move to
and from a lavatory;

\(4\) Assistance to a semiambulatory person in moving to and from the
lavatory, not involving lifting or carrying the person; or

\(5\) Assistance in loading and retrieving carry-on items, including
mobility aids and other assistive devices stowed on board in accordance
with § 382.41.

\(c\) Carriers are not required to provide extensive special assistance
to qualified individuals with a disability. For purposes of this
section, extensive special assistance includes the following activities:

\(1\) Assistance in actual eating;

\(2\) Assistance within the restroom or assistance at the passenger's
seat with elimination functions;

\(3\) Provision of medical services.

**§ 382.40 Boarding assistance for small aircraft.**

\(a\) Paragraphs (b) and (c) of this section apply to air carriers
conducting passenger operations with aircraft having 19-30 seat capacity
at airports with 10,000 or more annual enplanements.

\(b\) Carriers shall, in cooperation with the airports they serve,
provide boarding assistance to individuals with disabilities using
mechanical lifts, ramps, or other suitable devices that do not require
employees to lift or carry passengers up stairs.

\(c\) (1) Each carrier shall negotiate in good faith with the airport
operator at each airport concerning the acquisition and use of boarding
assistance devices. The carrier(s) and the airport operator shall, by no
later than September 2, 1997, sign a written agreement allocating
responsibility for meeting the boarding assistance requirements of this
section between or among the parties. The agreement shall be made
available, on request, to representatives of the Department of
Transportation.

\(2\) The agreement shall provide that all actions necessary to ensure
accessible boarding for passengers with disabilities are completed as
soon as practicable, but no later than December 2, 1998 at large and
medium commercial service hub airports (those with 1,200,000 or more
annual enplanements); December 2, 1999 for small commercial service hub
airports (those with between 250,000 and 1,199,999 annual enplanements);
or December 4, 2000 for non-hub commercial service primary airports
(those with between 10,000 and 249,999 annual enplanements). All air
carriers and airport operators involved are jointly responsible for the
timely and complete implementation of the agreement.

\(3\) Under the agreement, carriers may require that passengers wishing
to receive boarding assistance requiring the use of a lift for a flight
using a 19-30 seat aircraft check in for the flight one hour before the
scheduled departure time for the flight. If the passenger checks in
after this time, the carrier shall nonetheless provide the boarding
assistance by lift if it can do so by making a reasonable effort,
without delaying the flight.

\(4\) Boarding assistance under the agreement is not required in the
following situations:

\(i\) Access to aircraft with a capacity of fewer than 19 or more than
30 seats;

\(ii\) Access to float planes;

\(iii\) Access to the following 19-seat capacity aircraft models: the
Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models);

\(iv\) Access to any other 19-seat aircraft model determined by the
Department of Transportation to be unsuitable for boarding assistance by
lift on the basis of a significant risk of serious damage to the
aircraft or the presence of internal barriers that preclude passengers
who use a boarding or aisle chair to reach a non-exit row seat.

\(5\) When boarding assistance is not required to be provided under
paragraph (c)(4) of this section, or cannot be provided as required by
paragraphs (b) and (c) of this section for reasons beyond the control of
the parties to the agreement (e.g., because of mechanical problems with
a lift), boarding assistance shall be provided by any available means to
which the passenger consents, except hand-carrying as defined in
§ 382.39(a)(2) of this part.

\(6\) The agreement shall ensure that all lifts and other accessibility
equipment are maintained in proper working condition.

(d)(1) The training of carrier personnel required by § 382.61 shall
include, for those personnel involved in providing boarding assistance,
training to proficiency in the use of the boarding assistance equipment
used by the carrier and appropriate boarding assistance procedures that
safeguard the safety and dignity of passengers.

\(2\) Carriers who do not operate aircraft with more than a 19-seat
capacity shall ensure that those personnel involved in providing
boarding assistance are trained to proficiency in the use of the
boarding assistance equipment used by the carrier and appropriate
boarding assistance procedures that safeguard the safety and dignity of
passengers.

\[Amdt. 6, 61 FR 56423, Nov. 1, 1996\]

**§ 382.40a Boarding assistance for large aircraft.**

\(a\) Paragraphs (b) and (c) of this section apply to air carriers
conducting passenger operations with aircraft having a seating capacity
of 31 or more passengers at airports with 10,000 or more annual
enplanements, in any situation where passengers are not boarded by
level-entry loading bridges or accessible passenger lounges.

\(b\) Carriers shall, in cooperation with the airports they serve,
provide boarding assistance to individuals with disabilities using
mechanical lifts, ramps, or other suitable devices that do not require
employees to lift or carry passengers up stairs.

\(c\) (1) Each carrier that does not provide passenger boarding by
level-entry loading bridges or accessible passenger lounges shall
negotiate in good faith with the airport operator at each airport
concerning the acquisition and use of boarding assistance devices. The
carrier(s) and the airport operator shall, by no later than March 4,
2002, sign a written agreement allocating responsibility for meeting the
boarding assistance requirements of this section between or among the
parties. The agreement shall be made available, on request, to
representatives of the Department of Transportation.

\(2\) The agreement shall provide that all actions necessary to ensure
accessible boarding for passengers with disabilities are completed as
soon as practicable, but no later than December 4, 2002. All air
carriers and airport operators involved are jointly responsible for the
timely and complete implementation of the agreement.

\(3\) Under the agreement, carriers may require that passengers wishing
to receive boarding assistance requiring the use of a lift for a flight
check in for the flight one hour before the scheduled departure time for
the flight. If the passenger checks in after this time, the carrier
shall nonetheless provide the boarding assistance by lift if it can do
so by making a reasonable effort, without delaying

the flight.

\(4\) Level-entry boarding assistance under the agreement is not
required with respect to float planes or with respect to any widebody
aircraft determined by the Department of Transportation to be unsuitable
for boarding assistance by lift, ramp, or other device on the basis that
no existing boarding assistance device on the market will accommodate
the aircraft without a significant risk of serious damage to the
aircraft or injury to passengers or employees.

\(5\) When level-entry boarding assistance is not required to be
provided under paragraph (c)(4) of this section, or cannot be provided
as required by paragraphs (b) and (c) of this section (e.g., because of
mechanical problems with a lift), boarding assistance shall be provided
by any available means to which the passenger consents, except
hand-carrying as defined in Sec. 382.39 (a)(2).

\(6\) The agreement shall ensure that all lifts and other accessibility
equipment are maintained in proper working condition.

\(d\) The training of carrier personnel required by Sec. 382.61 shall
include, for those personnel involved in providing boarding assistance,
training to proficiency in the use of the boarding assistance equipment
used by the carrier and appropriate boarding assistance procedures that
safeguard the safety and dignity of passengers.

**§ 382.41 Stowage of personal equipment.**

\(a\) All stowage of qualified individuals with a disability wheelchairs
and other equipment covered by this Part in aircraft cabins shall be in
accordance with 14 CFR 121.589 and 14 CFR 121.285(c) or 14 CFR 135.87,
as applicable.

\(b\) Carriers shall permit qualified individuals with a disability
using personal ventilators/respirators to bring their equipment,
including non-spillable batteries that meet the requirements of 49 CFR
173.159(d) and any applicable FAA safety regulations, on board the
aircraft and use it.

\(c\) Carriers shall permit qualified individuals with a disability to
stow canes and other assistive devices on board the aircraft in close
proximity to their seats, consistent with the requirements of FAA safety
regulations for carry-on items.

\(d\) Carriers shall not, in implementing their carry-on baggage
policies, count toward a limit on carry-on items any assistive device
brought into the cabin by a qualified individual with a disability.

\(e\) Carriers shall provide for on-board stowage of passengers'
wheelchairs (including collapsible or break-down battery-powered
wheelchairs, subject to the provisions of paragraph (g)(5) of this
section) as carry-on baggage as follows:

\(1\) Carriers shall permit the stowage of wheelchairs or components of
wheelchairs in overhead compartments and under seats, consistent with
the requirements of FAA safety regulations for carry-on items.

\(2\) In an aircraft in which a closet or other approved stowage area is
provided in the cabin for passengers' carry-on items, of a size that
will accommodate a folding, collapsible, or break-down wheelchair, the
carrier shall designate priority stowage space, as described below, for
at least one folding, collapsible, or break-down wheelchair in that
area. A individual with a disability who takes advantage of a carrier
offer of the opportunity to pre-board the aircraft may stow his or her
wheelchair in this area, with priority over the carry-on items brought
onto the aircraft by other passengers enplaning at the same airport. A
individual with a disability who does not take advantage of a carrier
offer of the opportunity to preboard may use the area to stow his or her
wheelchair on a first-come, first-served basis along with all other
passengers seeking to stow carry-on items in the area.

\(3\) If an approved stowage area in the cabin is not available for a
folding, collapsible, or break-down wheelchair, the wheelchair shall be
stowed in the cargo compartment.

\(f\) When a folding, collapsible, or break-down wheelchair cannot be
stowed in the passenger cabin as carry-on baggage, carriers shall
provide for the checking and timely return of passengers' wheelchairs
and other assistive devices as close as possible to the door of the
aircraft, so that passengers may use their own equipment to the extent
possible, except where this practice would be inconsistent with DOT
regulations governing the transportation of hazardous materials.

\(1\) At the request of the passenger, the carrier may return
wheelchairs or other assistive devices to the passenger at the baggage
claim area instead of at the door of the aircraft.

\(2\) In order to achieve the timely return of wheelchairs, passengers'
wheelchairs and other assistive devices shall be among the first items
retrieved from the baggage compartment.

\(3\) Wheelchairs and other assistive devices shall be stowed in the
baggage compartment with priority over other cargo and baggage. Where
this priority results in passengers' baggage being unable to be carried
on the flight, the carrier shall make its best efforts to ensure that
the other baggage reaches the passengers' destination within four hours
of the scheduled arrival time of the flight.

\(g\) Whenever baggage compartment size and aircraft airworthiness
considerations do not prohibit doing so, carriers shall accept a
passenger's battery-powered wheelchair, including the battery, as
checked baggage, consistent with the requirements of 49 CFR
175.10(a)(19) and (20) and the provisions of paragraph (f) of this
section.

\(1\) Carriers may require that qualified individuals with a disability
wishing to have battery-powered wheelchairs transported on a flight
(including in the cabin) check in one hour before the scheduled
departure time of the flight. If such an individual checks in after this
time, the carrier shall nonetheless carry the wheelchair if it can do so
by making a reasonable effort, without delaying the flight.

\(2\) If the battery on the individual's wheelchair has been labeled by
the manufacturer as non-spillable as provided in 49 CFR 173.159(d)(2),
or if a battery-powered wheelchair with a spillable battery is loaded,
stored, secured and unloaded in an upright position, the carrier shall
not require the battery to be removed and separately packaged.
Notwithstanding this requirement, carriers may remove and package
separately any battery that appears to be damaged or leaking.[^2].

\(3\) When it is necessary to detach the battery from the wheelchair,
carriers shall, upon request, provide packaging for the battery meeting
the requirements of 49 CFR 175.10(a)(19) and (20) and package the
battery. Carriers may refuse to use packaging materials or devices other
than those they normally use for this purpose.

\(4\) Carriers shall not drain batteries.

\(5\) At the request of a passenger, a carrier shall stow a folding,
break-down or collapsible battery-powered wheelchair in the passenger
cabin stowage area as provided in paragraph (e) of this section. If the
wheelchair can be stowed in the cabin without removing the battery, the
carrier shall not remove the battery. If the wheelchair cannot be stowed
in the cabin without removing the battery, the carrier shall remove the
battery and stow it in the baggage compartment as provided in paragraph
(g)(3) of this section. In this case, the carrier shall permit the
wheelchair, with battery removed, to be stowed in the cabin.

\(h\) Individuals with disabilities shall be permitted to provide
written directions concerning the disassembly and reassembly of their
wheelchairs.

**§ 382.43 Treatment of mobility aids and assistive devices.**

\(a\) When wheelchairs or other assistive devices are disassembled by
the carrier for stowage, the carrier shall reassemble them and ensure
their prompt return to the individual with a disability. Wheelchairs and
other assistive devices shall be returned to the passenger in the
condition received by the carrier.

\(b\) With respect to domestic transportation, the baggage liability
limits of 14 CFR part 254 do not apply to liability for loss, damage, or
delay concerning wheelchairs or other assistive devices. The criterion
for calculating the compensation for a lost, damaged, or destroyed
wheelchair or other assistive device shall be the original purchase
price of the device.

\(c\) Carriers shall not require qualified individuals with a disability
to sign waivers of liability for damage to or loss of wheelchairs or
other assistive devices.

**§ 382.45 Passenger information.**

\(a\) A carrier shall make available, on request, the following
information concerning facilities and services related to the provision
of air transportation to qualified individuals with a disability. This
information shall pertain to the type of aircraft and, where feasible,
the specific aircraft scheduled for a specific flight:

\(1\) The location of seats, if any, with movable armrests and any seats
which the carrier, consistent with this part, does not make available to
qualified individuals with a disability;

\(2\) Any limitations on the ability of the aircraft to accommodate
qualified individuals with disabilities, including limitations on the
availability of boarding assistance to the aircraft, with respect to the
departure and destination points and any intermediate stops. The carrier
shall provide this information to any passenger who states that he or
she uses a wheelchair for boarding, even if the passenger does not
explicitly request the information.

\(3\) Any limitations on the availability of storage facilities, in the
cabin or in the cargo bay, for mobility aids or other equipment commonly
used by persons with a disability;

\(4\) Whether the aircraft has an accessible lavatory.

\(b\) The following provisions govern the provision of individual safety
briefings to qualified individuals with a disability:

\(1\) Individual safety briefings shall be conducted for any passenger
where required by 14 CFR 121.571 (a)(3) and (a)(4) or 14 CFR 135.117(b);

\(2\) Carrier personnel may offer an individual briefing to any other
passenger;

\(3\) Individual safety briefings for qualified individuals with a
disability shall be conducted as inconspicuously and discreetly as
possible;

\(4\) Carrier personnel shall not require any qualified individual with
a disability to demonstrate that he or she has listened to, read, or
understood the information presented, except to the extent that carrier
personnel impose such a requirement on all passengers with respect to
the general safety briefing, and shall not take any action adverse to a
qualified individual with a disability on the basis that the person has
not "accepted" the briefing.

\(c\) Each carrier shall ensure that qualified individuals with a
disability, including those with vision or hearing impairments, have
timely access to information the carrier provides to other passengers in
the terminal or on the aircraft (to the extent that it does not
interfere with crewmembers' safety duties as set forth in FAA
regulations) including, but not limited to, information concerning
ticketing, flight delays, schedule changes, connections, flight
check-in, gate assignments, and the checking and claiming of luggage;
Provided, That persons who are unable to obtain such information from
the audio or visual systems used by carriers in airports or on aircraft
shall request the information from carrier personnel. Carriers shall
also provide information on aircraft changes that will affect the travel
of persons with a disability.

\(d\) Carriers shall have, at each airport they use, a copy of this part
and shall make it available for review by persons with a disability on
request.

\[Amdt. 6, 61 FR 56423, Nov. 1, 1996\]

**§ 382.47 Accommodations for persons with hearing impairments.**

\(a\) Each carrier providing scheduled air service, or charter service
under section 401 of the Federal Aviation Act, and which makes available
telephone reservation and information service available to the public
shall make available a telecommunications device for the deaf (TDD)
service to enable persons with hearing impairments to make reservations
and obtain information. The TDD service shall be available during the
same hours as the telephone service for the general public and the
response time for answering calls shall be equivalent. Users of the TDD
service shall not be subject to charges for a call that exceed those
applicable to other users of the telephone information and reservation
service.

\(b\) In aircraft in which safety briefings are presented to passengers
on video screens, the carrier shall ensure that the video presentation
is accessible to persons with hearing impairments.

\(1\) Except as provided in paragraph (b)(2) of this section, the
carrier shall implement this requirement by using open captioning or an
inset for a sign language interpreter as part of the video presentation.

\(2\) A carrier may use an equivalent non-video alternative to this
requirement only if neither open captioning nor a sign language
interpreter inset could be placed in the video presentation without so
interfering with it as to render it ineffective or would be large enough
to be readable.

\(3\) Carriers shall implement the requirements of this section by
substituting captioned video materials for uncaptioned video materials
as the uncaptioned materials are replaced in the normal course of the
carrier's operations.

**§ 382.49 Security screening of passengers.**

\(a\) Qualified individuals with a disability shall undergo security
screening in the same manner, and be subject to the same security
requirements, as other passengers. Possession by a qualified individual
with a disability of an aid used for independent travel shall not
subject the person or the aid to special screening procedures if the
person using the aid clears the security system without activating it.
Provided, That this paragraph shall not prohibit security personnel from
examining a mobility aid or assistive device which, in their judgment,
may conceal a weapon or other prohibited item. Security searches of
qualified individuals with a disability whose aids activate the security
system shall be conducted in the same manner as for other passengers.
Private security screenings shall not be required for qualified
individuals with a disability to a greater extent, or for any different
reason, than for other passengers.

\(b\) Except as provided in paragraph (c) of this section, if a
qualified individual with a disability requests a private screening in a
timely manner, the carrier shall provide it in time for the passenger to
enplane.

\(c\) If a carrier employs technology that can conduct an appropriate
screening of a passenger with a disability without necessitating a
physical search of the person, the carrier is not required to provide a
private screening.

**§ 382.51 Communicable diseases.**

\(a\) Except as provided in paragraph (b) of this section, a carrier
shall not take any of the following actions, with respect to a person
who is otherwise a qualified individual with a disability, on the basis
that the individual has a communicable disease or infection:

\(1\) Refuse to provide transportation to the person;

\(2\) Require the person to provide a medical certificate; or

\(3\) Impose on the person any condition, restriction, or requirement
not imposed on other passengers.

(b)(1) The carrier may take the actions listed in paragraph (a) of this
section with respect to an individual who has a communicable disease or
infection only if the individual's condition poses a direct threat to
the health or safety of others.

\(2\) For purposes of this section, a direct threat means a significant
risk to the health or safety of others that cannot be eliminated by a
modification of policies, practices, or procedures, or by the provision
of auxiliary aids or services.

\(3\) In determining whether an individual poses a direct threat to the
health or safety of others, a carrier must make an individualized
assessment, based on reasonable judgment that relies on current medical
knowledge or on the best available objective evidence, to ascertain: the
nature, duration, and severity of the risk; that the potential harm to
the health and safety of others will actually occur; and whether
reasonable modifications of policies, practices, or procedures will
mitigate the risk.

\(4\) In taking actions authorized under this paragraph, carriers shall
select the alternative, consistent with the safety and health of other
persons, that least restrictive from the point of view of the passenger
with the communicable disease. For example, the carrier should not
refuse to provide transportation to an individual if provision of a
medical certificate or reasonable modifications to practices, policies,
or procedures will mitigate the risk of communication of the disease to
others to extent that would permit the individual to travel.

\(5\) If an action authorized under this paragraph results in the
postponement of a passenger's travel, the carrier shall permit the
passenger to travel at a later time (up to 90 days from the date of the
postponed travel) at the fare that would have applied to the passenger's
originally scheduled trip without penalty or at the passenger's
discretion, provide a refund for any unused flights, including return
flights.

\(6\) Upon the passenger's request, the carrier shall provide to the
passenger a written explanation of any action taken under this paragraph
within 10 days of the request.

\(c\) If a qualified individual with a disability with a communicable
disease or infection of the kind described in paragraph (b) of this
section presents a medical certificate to the carrier, as provided in
§ 382.53(c)(2), the carrier shall provide transportation to the
individual, unless it is not feasible for the carrier to implement the
conditions set forth in the medical certificate as necessary to prevent
the transmission of the disease or infection to other persons in the
normal course of a flight.

\[Amdt. 6, 61 FR 56423, Nov. 1, 1996\]

**§ 382.53 Medical certificates.**

\(a\) Except as provided in this section, a carrier shall not require a
person who is otherwise a qualified person with a disability to have a
medical certificate as a condition for being provided transportation.

(b)(1) A carrier may require a medical certificate for a qualified
individual with a disability \--

\(i\) Who is traveling in a stretcher or incubator;

\(ii\) Who needs medical oxygen during a flight, as provided in 14 CFR
121.574; or

\(iii\) Whose medical condition is such that there is reasonable doubt
that the individual can complete the flight safely, without requiring
extraordinary medical assistance during the flight.

\(2\) For purposes of this paragraph, a medical certificate is a written
statement from the passenger's physician saying that the passenger is
capable of completing a flight safely, without requiring extraordinary
medical assistance during the flight.

(c)(1) If a qualified individual with a disability has a communicable
disease or infection of the kind described in § 382.51(b), a carrier may
require a medical certificate.

\(2\) For purposes of this paragraph, a medical certificate is a written
statement from the passenger's physician saying that the disease or
infection would not, under the present conditions in the particular
passenger's case, be communicable to other persons during the normal
course of a flight. The medical certificate shall state any conditions
or precautions that would have to be observed to prevent the
transmission of the disease or infection to other persons in the normal
course of a flight. It shall be dated within ten days of the date of the
flight for which it is presented.

**§ 382.55 Miscellaneous provisions.**

\(a\) Carriers shall permit dogs and other service animals used by
persons with a disability to accompany the persons on a flight.

\(1\) Carriers shall accept as evidence that an animal is a service
animal identification cards, other written documentation, presence of
harnesses or markings on harnesses, tags, or the credible verbal
assurances of the qualified individual with a disability using the
animal.

\(2\) Carriers shall permit a service animal to accompany a qualified
individual with a disability in any seat in which the person sits,
unless the animal obstructs an aisle or other area that must remain
unobstructed in order to facilitate an emergency evacuation.

\(3\) In the event that special information concerning the
transportation of animals outside the continental United States is
either required to be or is provided by the carrier, the information
shall be provided to all passengers traveling with animals outside the
continental United States with the carrier, including those traveling
with service animals.

\(b\) Carriers shall not require qualified individuals with a disability
to sit on blankets.

\(c\) Carriers shall not restrict the movements of persons with a
disability in terminals or require them to remain in a holding area or
other location in order to be provided transportation, to receive
assistance, or for other purposes, or otherwise mandate separate
treatment for persons with a disability, except as permitted or required
in this part.

**§ 382.57 Charges for accommodations prohibited.**

Carriers shall not impose charges for providing facilities, equipment,
or services that are required by this part to be provided to qualified
individuals with a disability.

**§§ 382.59 \[Reserved\]**

**SUBPART D \-- ADMINISTRATIVE PROVISIONS**

**§ 382.61 Training.**

\(a\) Each carrier which operates aircraft with more than 19 passenger
seats shall provide training, meeting the requirements of this
paragraph, for all its personnel who deal with the traveling public, as
appropriate to the duties of each employee.

\(1\) The carrier shall ensure training to proficiency concerning:

\(i\) The requirements of this part and other DOT or FAA regulations
affecting the provision of air travel to persons with a disability; and

\(ii\) The carrier's procedures, consistent with this part, concerning
the provision of air travel to persons with a disability, including the
proper and safe operation of any equipment used to accommodate
passengers with a disability.

\(2\) The carrier shall also train such employees with respect to
awareness and appropriate responses to persons with a disability,
including persons with physical, sensory, mental, and emotional
disabilities, including how to distinguish among the differing abilities
of individuals with a disability.

\(3\) The carrier shall consult with organizations representing persons
with disabilities in developing its training program and the policies
and procedures concerning which carrier personnel are trained.

\(4\) The carrier shall ensure that personnel required to receive
training shall complete the training by the following times:

\(i\) For crewmembers subject to training required under 14 CFR part 121
or 135, who are employed on the date the carrier's program is
established under § 382.63, as part of their next scheduled recurrent
training;

\(ii\) For other personnel employed on the date the carrier's program is
established under § 382.63, within 180 days of that date;

\(iii\) For crewmembers subject to training requirements under 14 CFR
part 121 or 135 whose employment in any given position commences after
the date the carrier's program is established under § 382.63, before
they assume their duties; and

\(iv\) For other personnel whose employment in any given position
commences after the date the carrier's program is established under §
382.63, within 60 days of the date on which they assume their duties.

\(5\) Each carrier shall ensure that all personnel required to receive
training receive refresher training on the matters covered by this
section, as appropriate to the duties of each employee, as needed to
maintain proficiency.

\(6\) Each carrier shall provide, or require its contractors to provide,
training to the contractors' employees concerning travel by persons with
a disability. This training is required only for those contractor
employees who deal directly with the traveling public at airports, and
it shall be tailored to the employees' functions. Training for
contractor employees shall meet the requirements of paragraphs (a)(1)
through (a)(5) of this section.

\(7\) Current employees of each carrier designated as complaints
resolution officials, for purposes of § 382.65 of this part, shall
receive training concerning the requirements of this part and the duties
of a complaints resolution official within 60 days of the effective date
of this part (i.e., by June 4, 1990). Employees subsequently designated
as complaints resolution officers shall receive this training before
assuming their duties under § 382.65. All employees performing the
complaints resolution official function shall receive annual refresher
training concerning their duties and the provisions of this regulation.

\(b\) Each carrier operating only aircraft with 19 or fewer passenger
seats shall provide training for flight crewmembers and appropriate
personnel to ensure that they are familiar with the matters listed in
paragraphs (a)(1) and (a)(2) of this section and comply with the
requirements of this part.

**§ 382.63 Carrier programs.**

(a)(1) Each carrier that operates aircraft with more than 19 passenger
seats shall establish and implement, within 180 days of the effective
date of this part (i.e., by October 2, 1990), a written program for
carrying out the requirements of this part.

\(2\) Carriers are not excused from compliance with the provisions of
this part during the 180 days before carrier programs are required to be
established.

\(b\) The program shall include the following elements:

\(1\) The carrier's schedule for training its personnel in compliance
with § 382.61;

\(2\) The carrier's policies and procedures for accommodating passengers
with a disability consistent with the requirements of this part.

(c)(1) Major and National carriers (as defined in the DOT publication
Air Carrier Traffic Statistics), and every U.S. carrier that shares the
designator code of a Major or National carrier (as described in 14 CFR
399.88), shall submit their program to the Department for review within
180 days of the effective date of this part (i.e., by October 2, 1990).

\(2\) The Department shall review each carrier's program, which the
carrier shall implement without further DOT action at the time it is
submitted to the Department.

\(3\) If the Department determines that any portion of a carrier's plan
must be amended, or provisions added or deleted, in order for the
carrier to comply with this part, DOT will direct the carrier to make
appropriate changes. The carrier shall incorporate these changes into
its program and implement them.

\(d\) Other carriers shall maintain their programs on file, and shall
make them available for review by the Department on the Department's
request. If, upon such review, the Department determines that any
portion of a carrier's plan must be amended, or provisions added or
deleted, in order for the carrier to comply with this part, DOT will
direct the carrier to make appropriate changes. The carrier shall
incorporate these changes into its program and implement them.

**§ 382.65 Compliance procedures.**

\(a\) Each carrier providing scheduled service shall establish and
implement a complaint resolution mechanism, including designating one or
more complaints resolution official(s) (CRO) to be available at each
airport which the carrier serves.

\(1\) The carrier shall make a CRO available to any person who complains
of alleged violations of this part during all times the carrier is
operating at the airport.

\(2\) The carrier may make the CRO available via telephone, at no cost
to the passenger, if the CRO is not present in person at the airport at
the time of the complaint. If a telephone link to the CRO is used, TDD
service shall be available so that persons with hearing impairments may
readily communicate with the CRO.

\(3\) Each CRO shall be thoroughly familiar with the requirements of
this part and the carrier's procedures with respect to passengers with a
disability.

\(4\) Each CRO shall have the authority to make dispositive resolution
of complaints on behalf of the carrier.

\(5\) When a complaint is made to a CRO, the CRO shall promptly take
dispositive action as follows:

\(i\) If the complaint is made to a CRO before the action or proposed
action of carrier personnel has resulted in a violation of a provision
of this part, the CRO shall take or direct other carrier personnel to
take action, as necessary, to ensure compliance with this part.
Provided, That the CRO is not required to be given authority to
countermand a decision of the pilot-in-command of an aircraft based on
safety.

\(ii\) If an alleged violation of a provision of this part has already
occurred, and the CRO agrees that a violation has occurred, the CRO
shall provide to the complainant a written statement setting forth a
summary of the facts and what steps, if any, the carrier proposes to
take in response to the violation.

\(iii\) If the CRO determines that the carrier's action does not violate
a provision of this part, the CRO shall provide to the complainant a
written statement including a summary of the facts and the reasons,
under this part, for the determination.

\(iv\) The statements required to be provided in paragraph (a)(5) of
this section shall inform the complainant of his or her right to pursue
DOT enforcement action under this section. This statement shall be
provided in person to the complainant at the airport if possible;
otherwise, it shall be forwarded to the complainant within 10 calendar
days of the complaint.

\(b\) Each carrier shall establish a procedure for resolving written
complaints alleging violation of the provisions of this part.

\(1\) A carrier is not required to respond to a complaint postmarked
more than 45 days after the date of the alleged violation.

\(2\) A written complaint shall state whether the complainant has
contacted a CRO in the matter, the name of the CRO and the date of the
contact, if available, and include any written response received from
the CRO.

\(3\) The carrier shall make a dispositive written response to a written
complaint alleging a violation of a provision of this part within 30
days of its receipt.

\(i\) If the carrier agrees that a violation has occurred, the carrier
shall provide to the complainant a written statement setting forth a
summary of the facts and what steps, if any, the carrier proposes to
take in response to the violation.

\(ii\) If the carrier denies that a violation has occurred, the response
shall include a summary of the facts and the carrier's reasons, under
this part, for the determination.

\(iii\) The statements required to be provided in paragraph (b)(3) of
this section shall inform the complainant of his or her right to pursue
DOT enforcement action under this section.

\(c\) Any person believing that a carrier has violated any provision of
this part may contact the following office for assistance: Department of
Transportation, Aviation Consumer Protection Division, 400 7th Street,
SW., Washington, DC 20590, (202) 366-2220.

\(d\) Any person believing that a carrier has violated any provision of
this part may file a formal complaint under the applicable procedures of
14 CFR part 302.

**§ 382.70 Disability-related complaints**

**received by carriers.**

\(a\) For the purposes of this section, a disability-related complaint
means a specific written expression of dissatisfaction received from, or
submitted on behalf, of an individual with a disability concerning a
difficulty associated with the person's disability, which the person
experienced when using or attempting to use an air carrier's or foreign
air carrier's services.

\(b\) This section applies to certificated U.S. carriers and foreign air
carriers operating to, from, and in the United States, conducting
passenger operations with at least one aircraft having a designed
seating capacity of more than 60 passengers. Foreign air carriers are
covered by this section only with respect to disability-related
complaints associated with any flight segment originating or terminating
in the United States.

\(c\) Carriers shall categorize disability-related complaints that they
receive according to the type of disability and nature of complaint.
Data concerning a passenger's disability must be recorded separately in
the following areas: vision impaired, hearing impaired, vision and
hearing impaired, mentally impaired, communicable disease, allergies
*(e.g*., food allergies, chemical sensitivity), paraplegic,
quadriplegic, other wheelchair, oxygen, stretcher, other assistive
device (cane, respirator, etc.), and other disability. Data concerning
the alleged discrimination or service problem related to the disability
must be separately recorded in the following areas: refusal to board,
refusal to board without an attendant, security issues concerning
disability, aircraft not accessible, airport not accessible, advance
notice dispute, seating accommodation, failure to provide adequate or
timely assistance, damage to assistive device, storage and delay of
assistive device, service animal problem, unsatisfactory information,
and other.

\(d\) Carriers shall submit an annual report summarizing the
disability-related complaints that they received during the prior
calendar year using the form specified in Appendix A to this Part. The
first report shall cover complaints received during calendar year 2004
and shall be submitted to the Department of Transportation by January
25, 2005. Carriers shall submit all subsequent reports on the last
Monday in January of that year for the prior calendar year. All
submissions must be made through the World Wide Web except for
situations where the carrier can demonstrate that it would suffer undue
hardship if it were not permitted to submit the data via paper copies,
disks, or email, and DOT has approved an exception. All fields in the
form must be completed; carriers are to enter ''0'' where there were no
complaints in a given category. Each annual report must contain the
following certification signed by an authorized representative of the
carrier: ''I, the undersigned, do certify that this report has been
prepared under my direction in accordance with the regulations in 14 CFR
Part 382. I affirm that, to the best of my knowledge and belief, this is
a true, correct, and complete report.'' Electronic signatures will be
accepted.

\(e\) Carriers shall retain correspondence and record of action taken on
all disability-related complaints for three years after receipt of the
complaint or creation of the record of action taken. Carriers must make
these records available to Department of Transportation officials at
their request.

(f)(1) In a code-share situation, each carrier shall comply with
paragraphs (c) through (e) of this section for---

\(i\) Disability-related complaints it receives from or on behalf of
passengers with respect to difficulties encountered in connection with
service it provides;

\(ii\) Disability-related complaints it receives from or on behalf of
passengers when it is unable to reach agreement with its code-share
partner as to whether the complaint involves service it provides or
service its code-share partner provides; and

\(iii\) Disability-related complaints forwarded by another carrier or
governmental agency with respect to difficulties encountered in
connection with service it provides.

\(2\) Each carrier shall also forward to its code-share partner
disability-related complaints the carrier receives from or on behalf of
passengers with respect to difficulties encountered in connection with
service provided by its code-sharing partner.

\(g\) Each carrier, except for carriers in code-share situations, shall
comply with paragraphs (c) through (e) of this section for
disability-related complaints it receives from or on behalf of
passengers as well as disability-related complaints forwarded by another
carrier or governmental agency with respect to difficulties encountered
in connection with service it provides.

\(h\) Carriers that do not submit their data via the Web shall use the
disability-related complaint data form specified in appendix A to this
part when filing their annual report summarizing the disability-related
complaints they received. The report shall be mailed, by the dates
specified in paragraph (d) of this section, to the following address:
U.S. Department of Transportation, Aviation Consumer Protection
Division, 400 7th Street, SW., Room 4107, C--75, Washington, DC 20590.

\[Source: 68 FR 40488, July 8, 2003\]

Appendix A -- Disability Complaint Reporting Form

Name of Carrier: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Submission Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact Person: Period of Data Collection:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone \# (include country code if outside the U.S.):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Email address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mailing address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Total number of complaints (i.e., incidents):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

REPORT OF DISABILITY-RELATED COMPLAINT DATA

<table style="width:100%;">
<colgroup>
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 9%" />
<col style="width: 6%" />
<col style="width: 9%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
<td><p>Vision</p>
<p>Impaired</p></td>
<td><p>Hearing</p>
<p>Impaired</p></td>
<td>Vision &amp; Hearing Impaired</td>
<td>Paraplegic</td>
<td>Quadriplegic</td>
<td>Other wheelchair</td>
<td>Oxygen</td>
<td>Stretcher</td>
<td>Other Disability</td>
<td>Other Assistive Device</td>
<td>Mentally Impaired</td>
<td>Communicable Disease</td>
<td>Allergies</td>
</tr>
<tr class="even">
<td>Refusal To Board Passenger</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Refusal to Board w/o Attendant</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Security Issues Regarding Disability</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Aircraft Not Accessible</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Airport Not Accessible</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Advance Notice Dispute</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Seating Accomm-odation</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Failure to Provide Assistance</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Damage to Assistive Device</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Storage and Delay of Assistive Device</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Service Animal Problem</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Unsatisfa-ctory Info</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Other</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

**Certification Statement:** I, the undersigned, do certify that this
report has been prepared under my direction in accordance with the
regulations in 14 CFR Part 382. I affirm that, to the best of my
knowledge and belief, this is a true, correct, and complete report

Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: The Aerospatiale/Aeritalia ATR-72 and the British Aerospace
    Advanced Turboprop (ATP), in configurations having between 60 and 70
    passenger seats, are exempt from this requirement. See 57 FR 12872,
    April 14, 1992.

[^2]: [Editorial note:]{.smallcaps} As stated in the preamble discussion
    of this provision (63 FR 10534), carriers may deny transportation
    for the battery if the potential safety hazard is serious enough.