**MANUAL FOR PARTICIPANTS**

Air Carrier Access Act (ACAA) and

**its Implementing Regulation, 14 CFR Part 382 (Part 382)**

**Model Training Program (MTP)**

# Training Agenda and Table of Contents

  ------------------ ---------- ----------------------- -------------- -------------
  **Topic**          **Page     **Method Of             **Suggested    **Job
                     Number**   Presentation**          Time           Function**
                                                        Allocation**   

  Introduction       1          Brief lecture           0.25 hour      All

  Orientation to the 4          Brief lecture and       0.5 hour       All
  TAM                           exercises in which                     
                                participants practice                  
                                locating information in                
                                the TAM.                               

  Sensitivity and    10         Brief lecture and       0.75 hour      All
  awareness when                discussion, and group                  
  interacting with              exercises to introduce                 
  people with                   sensitivity and                        
  disabilities                  awareness issues.                      

  Communication      15         Brief lecture and       0.5 hour       All
  skill-building                discussion, and small                  
                                group exercises to                     
                                practice sensitivity,                  
                                awareness, and                         
                                communication.                         

  Conflict           21         Brief lecture and       0.5 hour       CROs
  resolution                    discussion, and role                   
  techniques                    play to demonstrate how                
                                a CRO handles a                        
                                disability-related                     
                                complaint.                             

  Boarding,          25         Brief lecture and       0.75 hour      CROs,
  deplaning, and                discussion using Q&A.                  reservation
  making flight                 Deplaning assistance                   agents, gate
  connections                   role play to                           agents,
                                demonstrate the                        inflight
                                application of the law                 personnel,
                                and the use of sources                 ground
                                of information,                        service
                                sensitivity and                        contractors
                                awareness,                             
                                communication, and                     
                                complaint resolution.                  

  Service animals    30         Brief lecture and       0.75 hour      CROs,
                                discussion using Q&A.                  reservation
                                Service animal short                   agents, gate
                                exercise to demonstrate                agents,
                                the application of the                 inflight
                                law and the use of                     personnel
                                sources of information,                
                                sensitivity and                        
                                awareness,                             
                                communication, and                     
                                complaint resolution.                  

  Assistive devices  35         Brief lecture and       0.75 hour      CROs,
                                discussion using Q&A.                  reservation
                                Assistive devices role                 agents,
                                play to demonstrate the                ticket
                                application of the law                 counter
                                and the use of sources                 agents,
                                of information,                        inflight
                                sensitivity and                        personnel,
                                awareness,                             baggage
                                communication, and                     handlers
                                complaint resolution.                  

  Seating            40         Brief lecture and       0.75 hour      CROs,
  assignments and               discussion using Q&A.                  reservation
  accommodations                Seating assignment                     agents,
                                short exercises to                     ticket
                                demonstrate the                        counter
                                application of the law                 agents,
                                and the use of sources                 inflight
                                of information,                        personnel
                                sensitivity and                        
                                awareness,                             
                                communication, and                     
                                complaint resolution.                  

  Communicable       52         Brief lecture and       0.75 hour      CROs,
  diseases, medical             discussion.                            reservation
  certificates, and             Communicable diseases                  agents,
  attendants                    and medical                            ticket
                                certificates short                     counter
                                exercise, and                          agents, gate
                                attendants short                       agents,
                                exercise to demonstrate                inflight
                                the application of the                 personnel
                                law and the use of                     
                                sources of information,                
                                sensitivity and                        
                                awareness,                             
                                communication, and                     
                                complaint resolution.                  

  Conclusion         59         Brief lecture           0.25 hour      All
                                summarizing the                        
                                material, answering                    
                                questions, completing                  
                                comprehension check and                
                                evaluation form, and                   
                                distributing                           
                                certificates.                          

  Comprehension      60         Multiple-Choice Test                   All
  Check                                                                
  ------------------ ---------- ----------------------- -------------- -------------

**WELCOME AND INTRODUCTION**

Welcome to the training program on the ACAA and Part 382. This day-long
training session will use brief lectures, role plays, small group
exercises, and a comprehension multiple choice test to introduce you to
the material and help you remember the concepts and material presented.

This training emphasizes student-centered and interactive training
methodologies such as group exercises and short answer exercises in
which participants will apply the law to the factual scenario presented
and incorporate (i) sensitivity and awareness; (ii) communication; and
(iii) conflict resolution techniques to resolve disability-related
complaints.

A. Goal

1\. By the end of today's training session, we hope you are more
comfortable and familiar with the different sections of the Technical
Assistance Manual (TAM) for use when addressing issues regarding air
travelers with disabilities.

> a\. The TAM is a useful on-the-job resource and outlines the
> passengers' rights and the carriers' responsibilities under the law in
> connection with accommodating air travelers with disabilities.
>
> b\. The TAM contains an explanation of Part 382, practical examples to
> serve as guidance on the application of the law under certain
> circumstances, and other sections and appendixes that serve as quick
> references.

B. Specific Objectives

1\. Gain an understanding of the specific legal responsibilities air
carriers have to protect the civil rights of air travelers with
disabilities.

> a\. Part 382 contains the regulations that protect the civil rights of
> air travelers with disabilities.
>
> b\. Civil rights are those rights protected by law, basic rights
> prohibiting discrimination.
>
> c\. A carrier's legal obligations are distinct from its company
> policies and customer service considerations.
>
> d\. If a carrier violates a passenger's civil rights, the government
> (DOT) may pursue an enforcement action and has the authority to impose
> a fine.
>
> e\. Failing to follow carrier policy may have different consequences.
> It depends on how
>
> the carrier handles violations by employees and contractors.

2\. Gain an understanding of a useful approach to handling complaints or
issues that arise when assisting air travelers with disabilities. This
approach has four aspects:

> a\. Available sources of **INFORMATION**, including Part 382, the TAM,
> DOT guidance, and additional resources;
>
> b\. Heightened **SENSITIVITY** and **AWARENESS** about air travelers
> with disabilities and their perspectives;
>
> c\. Enhanced **COMMUNICATION** skills on the job; and
>
> d\. Effective **CONFLICT RESOLUTION** techniques to help resolve
> disability-related complaints.

####### C. Participants' Expectations

I.  **ORIENTATION TO THE TAM**

######## A. How did the TAM come about? {#a.-how-did-the-tam-come-about .unnumbered}

1\. Congress required that the TAM be written and address two audiences:
(i) carrier employees and contractors, and (ii) air travelers with
disabilities.

2\. DOT met with stakeholders from the air carrier industry and the
disability community before it undertook drafting the TAM.

######## B. Why is it useful for you on the job?  {#b.-why-is-it-useful-for-you-on-the-job .unnumbered}

1\. Carrier employees and contractors have many competing considerations
to keep in mind on the job, *e.g*., safety regulations. The TAM is an
easy-to-understand guide outlining the law and using examples in
connection with air travelers with disabilities.

2\. The TAM highlights the differences between responsibilities under
the law (Part 382) and carrier policies, including customer service.

3\. The TAM is helpful when providing services and accommodations to air
travelers with disabilities as required by law, including sections with
quick reference lists and "tips".

########  {#section .unnumbered}

######## C. What information does the TAM contain? {#c.-what-information-does-the-tam-contain .unnumbered}

1\. [Chapter 1]{.underline}: Understanding How to Use this Manual

> a\. General background information about the themes of the TAM (70 FR
> 41482, 41485-87)[^1]
>
> b\. Keyword definitions, *e.g.*, "assistive device" TAM (70 FR 41482,
> 41487), "qualified individual with a disability" TAM (70 FR 41482,
> 41488), and "service animal", "TTY" TAM (70 FR 41482, 41488).

2\. [Chapter 2]{.underline}: Learning the Basics about the Law
Protecting Air Travelers with Disabilities. TAM (70 FR 41482, 41488)

> a\. Q and A format with a few examples, *e.g.*, "What is a substantial
> limitation on major life activities?" TAM (70 FR 41482, 41488) Some of
> the answers contain short examples, *e.g.*, "When is a person
> 'regarded as' having a disability?" and "May I ask an individual what
> his or her disability is?" TAM (70 FR 41489)
>
> b\. List of some basic legal requirements with citations to the
> relevant sections of Part 382, *e.g.*, air travelers with disabilities
> and exit-row seating, TAM (70 FR 41482, 41490); allowing service
> animals to accompany air travelers with disabilities in the cabin
> consistent with FAA safety regulations. TAM (70 FR 41482, 41490)

3\. [Chapter 3]{.underline}: Assisting Air Travelers with Disabilities
Planning a Trip. TAM (70 FR 41482, 41490)

> a\. Making reservations and obtaining information from and providing
> information to a carrier before air travel, among other topics.

4\. [Chapter 4]{.underline}: Assisting Air Travelers with Disabilities
at the Airport. TAM (70 FR 41482, 41494)

> a\. Accessibility of terminal facilities, assistance with making
> connections, and providing public announcements and information to
> deaf, hard of hearing, and deaf-blind passengers, among other topics.

5\. [Chapter 5]{.underline}: Assisting Air Travelers with Disabilities
Boarding, Deplaning, and During the Flight. TAM (70 FR 41482, 41496)

> a\. Aircraft accessibility, seating assignments and accommodations,
> boarding and deplaning assistance, stowing and treatment of personal
> equipment, services on board, and safety briefings.

6\. [Chapter 6]{.underline}: Assisting Air Travelers with Disabilities
with their Complaints. TAM (70 FR 41482, 41501)

> a\. When a CRO must be made available and the legal requirements for
> handling and documenting complaints.
>
> b\. Process to follow to resolve complaints and some tips for handling
> complaints.

7\. [Chapter 7]{.underline}: Interacting with People with Disabilities.
TAM (70 FR 41482, 41503)

> a\. List of preferred language and terminology relating to
> disabilities.
>
> b\. Some general tips about behavior to keep in mind when interacting
> with people with disabilities as well as tips relating to specific
> disabilities, *e.g.*, blind or visually-impaired individuals.

8\. [Alphabetical Index]{.underline} and [Part 382 Index]{.underline},
easy to use and quick tools to locate topics.

9\. [Appendix I]{.underline}: Tips for Air Travelers with Disabilities
presents some short explanations for air travelers with disabilities to
keep in mind at all stages of travel. TAM (70 FR 41482, 41506-08)

10\. [Appendix II]{.underline}: Airline Management-Related Issues
highlights certain provisions of Part 382 most relevant to carrier
management personnel. TAM (70 FR 41508-10)

11\. [Appendix III]{.underline}: Frequently Asked Questions presents
common questions with brief answers and can be a useful and quick
reference for carrier employees and contractors as well as air travelers
with disabilities. TAM (70 FR 41482, 41510-12)

12\. [Appendix IV]{.underline}: Recent DOT Enforcement Orders Related to
the ACAA is a summary chart listing DOT determinations in specific cases
and explaining how the reader would access the actual consent order from
the DOT Web site. These orders could be helpful to carrier personnel to
see how DOT has interpreted a specific provision under the facts
presented. TAM (70 FR 41482, 41512)

13\. [Appendix V]{.underline}: Copy of Part 382. TAM (70 FR 41482,
41513-27)

14\. [Appendix VI]{.underline}: DOT Guidance Concerning Service Animals
in Air Transportation is an official document issued by DOT to shed some
light on issues relating to service animals accompanying air travelers
with disabilities and how carrier personnel should handle certain
situations. Useful Q & A and also a section entitled "Advice for
Passengers with Service Animals." TAM (70 FR 41482, 41527-30)

######## E. **Exercises to practice locating information in the TAM** {#e.-exercises-to-practice-locating-information-in-the-tam .unnumbered}

# **Exercise 1.** A passenger arrives at the gate with two dogs trained as service animals, one is a tiny lap dog and the other is quite large, too large to fit under a seat. 

Where in the TAM would you find information about how to handle the
situation?

i.  Appendix V \-- Part 382 (please write your answer below)

ii. Appendix VI -- DOT Guidance on Service Animals

iii. Other parts of the TAM

# 

# 

# **Exercise 2.** A passenger who is a paraplegic and uses a wheelchair has waited on board for 20 minutes for deplaning assistance and asks you to pick her up and hand-carry her off the airplane. Are you permitted to hand-carry this passenger? (please write your answer below) 

Where in the TAM would you find information about how to handle the
situation?

i.  Appendix V \-- Part 382

ii. Other parts of the TAM

# 

# 

# **Exercise 3.** An ambulatory passenger who weighs over 300 pounds is checking in and self-identifies as a person with a disability. Therefore, he explains, he is entitled to a bulkhead seat to accommodate his size. Is this passenger a qualified individual with a disability because he weighs over 300 pounds? Is he entitled to the bulkhead seat? (please write your answer below) 

Where in the TAM would you find information about how to handle the
situation?

i.  Appendix V \-- Part 382

ii. Appendix III \-- Frequently Asked Questions

iii. Other parts of the TAM

# 

# 

# **Exercise 4.** An air traveler with a disability calls you, a reservation agent, and expresses concern about having his battery-powered wheelchair disassembled and reassembled because he has had problems in the past. What information and advice would you offer to him? (please write your answer below)

Where in the TAM would you find information about how to handle the
situation?

i.  Appendix V \-- Part 382

ii. Appendix I -- Tips for Air Travelers with Disabilities

iii. Other parts of the TAM

# 

# 

# **Exercise 5.** A group of nine passengers using wheelchairs and traveling together approaches the check-in counter to ask about boarding. The group did not provide advance notice to your carrier. Must you accommodate this group? (Please write your answer below.) 

Where in the TAM would you find information about how to handle the
situation?

i.  Appendix V \-- Part 382

ii. Other Parts of the TAM

**III. SENSITIVITY AND AWARENESS**

*A. Why are awareness and sensitivity important when interacting with
people with disabilities?*

1.  Like all air travelers, people with disabilities are ***important
    customers*** of air carriers, particularly because they are a
    growing population.

2.  Carriers seek to build loyalty among all customers and to provide
    safe and pleasant air transportation.

3.  Front-line employees and contractors have direct contact with the
    traveling public, including air travelers with a wide range of
    disabilities.

4.  ***Customer service*** is a major responsibility of all carrier
    personnel and contractors dealing with the traveling public.

    a.  Customer service means communicating and acting courteously and
        respectfully.

    b.  Providing useful information to and receiving useful information
        from all passengers are basic aspects of customer service.

    c.  The goal is to make each passenger's experience with the carrier
        positive and ensure a safe and smooth trip.

    d.  It's good for the carrier's business and it's good for the
        carrier employee or contractor because it helps provide for a
        smooth and safe trip.

    e.  Being sensitive and respectful by thinking about and using
        appropriate language and behavior would help you do your job.

5.  Customer service and respectful communication are different from the
    requirements under the law.

    a.  But they are related because carrier employees and contractors
        must provide information, services, and accommodations under the
        law. How these things are carried out affects a passenger's
        satisfaction.

    b.  As is the case with each air traveler your carrier serves, each
        air traveler with a disability is ***unique*** and ***may have
        needs that are different from other air travelers, even those
        with a similar disability.***

    c.  Information and awareness together may minimize violations of
        the law itself.

6.  Greater awareness about, and sensitivity regarding, the perspectives
    of people with disabilities will demonstrate the difference between
    customer service and a carrier's legal obligations to provide
    services and accommodations to air travelers with a disability.

###### Group exercises to introduce sensitivity and awareness issues

7.  [Reminder:]{.underline}

    a.  Air carrier employees and contractors have a legal obligation to
        protect the civil rights of air travelers with disabilities.

    b.  Air carrier employees and contractors are not going above and
        beyond the call of duty when they provide the services and
        accommodations required by law.

**[Group Exercise 1:]{.underline}** Do you have a friend or family
member who is a person with a disability? If so, what have you learned
about sensitivity and awareness in connection with people with
disabilities through that experience?

**[Group Exercise 2:]{.underline}** What additional sensitivity and
awareness training or information about interacting with people with
disabilities would help you provide better assistance to air travelers
with disabilities?

**[Group Exercise 3:]{.underline}** What experience have you had with an
air traveler with a disability where the trip went smoothly and the
passenger was pleased with the service or accommodation you provided?
What made the interaction successful?

**[Group Exercise 4:]{.underline}** Do you have an experience in which
there were problems relating to an air traveler with a disability? What
made the interaction problematic?

8.  *Concluding remarks to small group exercises*

    a.  All people, including employees and contractors of carriers
        dealing with the traveling public, have ***experiences*** that
        ***shape*** their ***attitudes*** about other people in general.

    b.  Depending on our own ***broader experiences*** interacting with
        people with disabilities, we have ***different attitudes*** on
        the job about interacting with them.

    c.  We can ***build upon*** our own ***experiences and attitudes***
        and ***modify them*** if need be through providing ***awareness
        and sensitivity information***, among other ***tools***, to
        ensure that all employees and contractors of air carriers are
        ***better equipped*** to interact and communicate with air
        travelers with a disability in a respectful and courteous
        manner. Additional information about sensitivity and awareness
        will assist you in carrying out your job functions and
        protecting the civil rights of air travelers with disabilities.

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A.  *TAM as a **Resource for Sensitivity** and **Awareness
    Information***

    1.  ***Respectful*** and ***preferred language*** when referring to
        and communicating with people with disabilities. TAM (70 FR
        41482, 41503-06)

        a.  Use "person first" language in general, (*e.g.,* person who
            uses a wheelchair).

        b.  Individuals may not self-identify as people with
            disabilities, although failure to self identify may modify
            an individual's rights under the law. Generally, you cannot
            force an individual to self-identify as a person with a
            disability as a matter of law. But there are a few
            exceptions, *e.g*., certain seating accommodations require
            self-identification, and we'll discuss them.

        c.  Demonstrate respect for the privacy of the person with a
            disability and avoid asking a person with a disability what
            the cause of his disability is.

        d.  The TAM contains examples of conditions that may cause
            physical impairments TAM (70 FR 41482, 41504) and types of
            mental or psychological impairments TAM (70 FR 41482,
            41504), but don't make assumptions about physical and
            psychological conditions and resulting disabilities.

    2.  ***Appropriate behavior*** when interacting **generally** with
        people with disabilities. TAM (70 FR 41482, 41503-04)

        a.  General guidance for language and behavior that conveys
            respect and promotes dignity when interacting with a person
            with a disability.

        b.  Chapter 7 contains specific techniques that would be useful
            when communicating with and assisting air travelers with
            disabilities.

    3.  ***Appropriate communication*** and ***behavior*** when
        interacting with individuals with a ***certain type of
        disability***.

        a.  The TAM contains tips for assisting people who

            i.  are blind or visually-impaired: communication, guiding a
                person, service animals and assistive devices; TAM (70
                FR 41482, 41504-05)

            ii. are deaf, hard of hearing, or deaf-blind: communication
                and service animals; TAM (70 FR 41482, 41505-06)

            iii. have mobility disabilities: communication, wheelchairs
                 and other assistive devices, assisting with transfers
                 and movement through the terminal; TAM (70 FR 41482,
                 41506)

            iv. have difficulty speaking: communication; TAM (70 FR
                41482, 41506) and

            v.  have disabilities that are not apparent: communication,
                service and emotional support animals. TAM (70 FR 41482,
                41506)

    4.  Depending upon your ***job functions*** and
        ***responsibilities***, certain aspects of ***awareness and
        sensitivity*** may be more important than others, *e.g.*, a
        reservations agent has different interactions with air travelers
        with disabilities than a contractor providing wheelchair
        connecting service between gates. Because air travelers follow a
        linear path of travel, from reservations to the flight itself,
        sensitivity and awareness are important for all carrier
        employees and contractors to understand.

**IV. COMMUNICATION**

A.  *Introduction*

    1.  Each individual has his or her own personal communication style.
        In order to convey courtesy and respect, one must be genuine and
        authentic.

    2.  Honest communication is based on the desire to communicate and
        assist someone at the present moment.

    3.  It is up to the individual how to incorporate this language and
        these tips for interacting with air travelers with disabilities
        in his or her honest communication.

    4.  Similarly, each passenger is unique. Making assumptions about
        "all" wheelchair users or "all" blind passengers should be
        avoided.

B.  *Work Environment Affects Full and Clear Communication*

    1.  Following are some aspects of the air travel work environment
        that make full and clear communication challenging at times:

        a.  Constant time pressure to work to meet flight schedules

        b.  Short turnaround time to make decisions

        c.  Important considerations with serious consequences like
            safety and security threats add to the pressure

        d.  Linear aspect of the process of air travel, *e.g.,* damaged
            wheelchair discovered upon arrival or failure to put
            wheelchair on the plane, makes it frustrating because you
            are responsible for addressing problems someone else created
            earlier in the process

        e.  Fewer employees and increased job responsibilities because
            of consolidation in the industry

        f.  Morale may be low

        g.  Increased volume of passengers

        h.  Usually reacting to people with different personalities and
            different needs all day long

        i.  Anything else?

C.  *Given a work environment that is oftentimes stressful, below is
    information to help carrier employees and contractors **communicate
    most effectively, enhance coping mechanisms,** and **avoid a natural
    response that could be interpreted as defensiveness**.*

    1.  [Some Ways to Enhance Communication]{.underline}

        a.  ***Listen actively*** to the air traveler and, if
            appropriate, his or her companion. The air traveler with a
            disability is the expert on what he or she needs.

        b.  ***Make eye contact*** where appropriate and be aware of
            nonverbal communication, yours and theirs.

        c.  ***Simply listen*** first, ***then formulate your
            response***; do not think about what you are going to say
            while the passenger or his or her companion is talking.

        d.  ***Give yourself the necessary time to process*** what you
            are hearing and observing. It could be a matter of a few
            seconds to process what you have heard or seen and then
            formulate a response or ask a question.

        e.  ***Clarify information*** as needed by asking questions that
            might help you better assess what is happening.

        f.  ***Jot notes as a record*** and to demonstrate that you care
            about the problem and that you are listening.

        g.  ***Summarize*** what you think is the issue to make sure you
            understand.

        h.  ***Ask open-ended questions*** to give the person a chance
            to provide useful information to you; listen and ***follow
            up with more specific questions*** to find out what you need
            to know or to bring the person back to the issue at hand if
            he or she gets off track when venting.

        i.  Remember that your ***nonverbal communication*** (*e.g*.,
            body language, facial expressions, etc.) and ***tone of
            voice*** make an impression.

        j.  Keep in mind and reiterate the ***shared goal*** you and
            each passenger have: ***safe, smooth, and pleasant air
            travel***.

    2.  [Remember Attitude Makes an Impression]{.underline}

        a.  Keep in mind that making assumptions often leads to
            misunderstandings.

        b.  Taking words or actions personally may color perceptions and
            inhibit finding solutions.

        c.  Generating options is more useful than taking an adversarial
            stance towards the passenger.

        d.  Even though it is difficult in a stressful situation,
            maintaining professionalism at all times is important.

    3.  [Emotional and Physical Health Needs]{.underline}

        a.  Think about self-care outside the work place: adequate sleep
            and good nutrition and overall health issues: mental,
            physical, and emotional. These things affect job
            performance.

D.  *Communicating when Assisting Air Travelers with Disabilities*

    1.  To foster exchange of relevant information, start with "How may
        I assist you?"

        a.  Remember that in most cases an individual with a disability
            is the best source of information for identifying his or her
            specific needs. TAM includes a few examples of specific
            questions you can ask to gather useful information. TAM (70
            FR 41482, 41489) A friend or family member accompanying the
            individual with a disability may also be a useful resource.

        b.  This open-ended question is a good starting point, but
            listening to the answer and following up with specific
            questions to clarify information are also critical. TAM (70
            FR 41482, 41489)

    2.  Share important and relevant information: you have information
        they need and would find helpful and they have information you
        need and would find helpful.

        a.  What kind of information and details do you need to do your
            job thoroughly?

        b.  Useful information exchange fulfills carriers'
            responsibilities under the law and provides good customer
            service.

        c.  Safety is always a factor and will be taken into account.

        d.  What other information would be useful for making the most
            comfortable and appropriate seat assignment (taking FAA
            safety regulations into consideration) and providing other
            services and accommodations as requested to meets that
            passenger's needs?

        e.  What information can you provide about the carrier's
            policies on optional in-flight services, advance notice and
            check-in, seat assignments, the aircraft, the terminal, etc.
            that would make for a pleasant, safe, and smooth trip for
            the air traveler with a disability?

        f.  Draw from your own experience and ask for and provide the
            type of information that has been helpful in other, similar
            situations in the past, while keeping in mind that each
            passenger with a disability has unique needs.

        g.  Suggest that the passenger take a look at the TAM and
            Appendix I: Tips for Air Travelers with Disabilities, in
            particular. It will be made available via the DOT web site.

E.  ***Small group exercises to practice sensitivity, awareness, and
    communication***

    1.  [Reminder]{.underline}:

        a.  Remember that the passenger is the best source of
            information;

        b.  Offer relevant information and options, where appropriate,
            to a passenger;

        c.  Draw from your experience and other available resources,
            *e.g.*, colleagues, carrier policy, TAM;

        d.  Use the TAM and refer the passenger to it; and

        e.  Think in terms of a useful exchange of information.

**[Small Group Exercise 1:]{.underline}** Nearing the end of the flight,
a person who uses a battery-powered wheelchair that has been checked and
placed in the cargo compartment tells you, the ***flight attendant***,
that he wants to use his own wheelchair, not a ground wheelchair
provided by the carrier, to travel between gates to make his connection.
He tells you he has a two-hour layover.

What are some important considerations to keep in mind when addressing
this situation?

What are some suggestions for analyzing the situation as well as
gathering useful information from and providing it to this passenger?

**[Small Group Exercise 2:]{.underline}** A passenger calls you, a
***reservations agent***, and tells you he wants to stow his folding
wheelchair in the cabin when he travels between Atlanta and Chicago.

What are some important considerations to keep in mind when addressing
this situation?

What are some suggestions for analyzing the situation as well as
gathering useful information from and providing it to this passenger?

**[Small Group Exercise 3:]{.underline}** A person accompanying a deaf
passenger to the airport approaches you, the ***agent at the check-in
counter***, to assist the passenger with check-in.

What are some important considerations to keep in mind when addressing
this situation?

What are some suggestions for analyzing the situation as well as
gathering useful information from and providing it to this passenger?

**V. CONFLICT RESOLUTION**

A.  *Complaint Resolution Officials (CROs) and Carriers' Legal
    Obligations regarding Disability-Related Complaints* TAM (70 FR
    41482, 41501-03)

    1.  Carriers must make a CRO available -- by telephone (or via TTY)
        or in person -- to address disability-related problems at all
        times when the carrier is operating at each airport it serves.
        382.65(a)(1) and (2). Carriers should make the person raising a
        disability-related complaint aware of the existence of the DOT's
        aviation consumer disability hotline for resolving issues
        related to disability accommodations. The toll-free number for
        the hotline is 1-800-778-4838 (voice) and 1-800-455-9880 (TTY).

    2.  When does a CRO get involved?

        a.  If an air traveler with a disability or a person on behalf
            of the air traveler with a disability complains about an
            alleged violation or potential violation of the law.

        b.  If an air traveler with a disability or a person on behalf
            of the air traveler with a disability asks to speak to a
            CRO, manager, supervisor, etc.

        c.  If an employee or contractor of a carrier decides to contact
            a CRO for information or advice.

    3.  Disability-related complaints made to a CRO [during]{.underline}
        the course of the trip

        a.  If no violation has occurred at that point, the CRO must
            take action or direct other employees to take action to
            ensure compliance with the law.

        b.  Only the pilot can countermand the CRO's decision for
            reasons of safety.

        c.  If the passenger complains about a disability-related issue
            or alleges a violation of the law that has already occurred
            and the CRO agrees that a violation has occurred, the CRO
            must provide a written statement summarizing the facts and
            the steps, if any, the carrier proposes to take in response
            to the violation. This written statement must be provided to
            the passenger at the airport, if possible, or forwarded to
            the passenger within 10 calendar days of the complaint.

        d.  If the passenger alleges a violation of the law but the CRO
            determines that no violation has occurred, the CRO must
            provide a written statement summarizing the facts and
            explaining the reasons for the determination. This written
            statement must be provided to the passenger at the airport,
            if possible, or forwarded to the passenger within 10
            calendar days of the complaint.

    4.  Written complaints received by the carrier [after]{.underline}
        the trip

        a.  Carriers must provide a written response within 30 days of
            receipt of a written complaint.

        b.  The written response must contain a summary of the facts and
            the carrier's determination of no violation, or, if the
            carrier agrees that a violation has occurred, what steps, if
            any, the carrier proposes to take in response to the
            violation.

        c.  The written response must contain information about the
            passenger's right to pursue DOT enforcement action under the
            law.

        d.  Certificated domestic carriers and foreign carriers
            operating to, from, and in the U.S. with at least one
            aircraft having 60 or more passenger seats must record and
            categorize written disability-related complaints and report
            on them annually to DOT. TAM (70 FR 41482, 41503, 41526
            Disability Complaint Reporting Form)

B.  *TAM contains General Information for Resolving Complaints*

    1.  Generally, employees and contractors of air carriers other than
        CRO's can use ACCESS, a process for resolving complaints set
        forth in the TAM and the other tips in the TAM as a guide for
        resolving complaints. TAM (70 FR 41482, 41502-03)

C.  *When Resolving Complaints consider [Sensitivity, Awareness, and
    Communication]{.underline}*

    1.  As in all areas of assisting air travelers with a disability,
        awareness and sensitivity are important in the complaint
        resolution phase.

    2.  Additional considerations about communication when resolving
        complaints:

        a.  When a passenger asks to speak to a CRO, avoid a reaction
            that could be perceived as defensive or argumentative; it is
            the person's right.

        b.  Make notes about the situation at the time it is unfolding
            or soon after it has arisen; it is easier to recall and
            record details for use in the carrier's written response.

        c.  When resolving disability-related complaints, access all
            information sources with expertise to help solve the
            problem, *e.g.*, medical personnel when deciding about a
            communicable disease.

        d.  Understand that the passenger or the carrier employee may
            disagree with your determination; present the resolution
            after listening and considering the situation and explain
            the basis for your determination.

D.  *Certain Conflict Resolution Techniques may be Useful*

    1.  Avoid immediately taking either the passenger's side or the
        carrier employee's side; you are a fresh eye assessing the
        situation and listening and observing (if possible) are the best
        starting points.

    2.  Focus on what happened in the past to gain a basic understanding
        of the issues; then think in terms of the future and solutions
        that comply with Part 382, DOT guidance documents, carrier
        policy, and customer service considerations.

    3.  Remind the passenger and the carrier employee or contractor
        about their shared goal of providing a safe, pleasant, and
        smooth journey for the air traveler with a disability and
        respecting the air traveler's civil rights.

    4.  Allow venting and be prepared to manage anger of the people in
        conflict.

    5.  Write down relevant information and check it with the passenger
        and the carrier employee to make sure it's accurate and current.

    6.  Listen patiently and carefully, conveying a responsive attitude
        engenders trust and confidence.

    7.  Acknowledge frustrations and the patience of the passenger under
        the circumstances.

E.  *Incorporate carrier's policy, paper work, and procedure for
    handling and documenting a disability-related complaint once a CRO
    becomes involved*

F.  ***Role play to demonstrate how a CRO should handle a
    disability-related complaint***

    1.  [Instructions for participants:]{.underline} Carefully observe
        the CRO's communication in the role play and think about the
        meaning behind the word choice and body language and attitude
        conveyed by the CRO.

    2.  **[CRO role play:]{.underline}**

***[Mr. Johnson]{.underline}:*** You suffer from an undisclosed seizure
disorder and are sitting on your connecting flight in a bulkhead seat,
having recently suffered from a *petit-mal* seizure on the first leg of
your trip. The seizure seems to have been triggered by the television
monitors displaying the safety briefing. You are happy to be seated in
the bulkhead with your carry-on bag on your lap. The carry-on bag
contains your seizure medication and you want to keep it close at hand
during the flight. When the flight attendant demands that she stow it
for you in the overhead bin, you don't appreciate her rudeness and her
attitude. Perhaps if she were a little more polite you would tell her
about the seizure disorder and your meds. Instead, you are flustered by
her demands and you clutch the bag, refusing to let her take it from
you.

***[Ms. Martinez]{.underline}:*** You are the flight attendant. You view
your job as ensuring the safety of all passengers. Here, you are
considering safety by trying to stow this passenger's carry-on bag in
the overhead bin. You have had a long day and you are tired. You can't
understand why the passenger is overreacting to your reasonable request.
You have some concerns about his behavior and are considering consulting
with the pilot to make a determination about whether to remove the
passenger from the flight.

***[Ms. Lee]{.underline}:*** At the pilot's suggestion, Ms. Martinez,
the flight attendant, contacts you, the CRO, by telephone from the
plane. What would you do?

**VI. BOARDING, DEPLANING, AND MAKING FLIGHT CONNECTIONS**

A.  *Boarding and Deplaning Assistance - Overview of the Law*

    1.  If a passenger with a disability or a person on behalf of a
        passenger with a disability *requests* boarding or deplaning
        assistance, carriers must provide it. 382.39(a) *If requested*,
        carriers must provide services personnel, ground wheelchairs,
        boarding wheelchairs, on-board wheelchairs (where required in
        accordance with the law), and ramps or mechanical lifts.
        382.39(a)(1); TAM (70 FR 41482, 41498-99)

    2.  Providing a wheelchair to a person with a disability might not
        always be appropriate, required, or desired.

    3.  Carriers must train appropriate employees and contractors to
        proficiency in the use of boarding and deplaning assistance
        equipment and procedures regarding the safety and dignity of
        passengers receiving boarding and deplaning assistance.
        382.40(d) and 382.40a(d)

    4.  Depending on the size of the aircraft, carriers have different
        obligations to provide boarding and deplaning assistance to
        individuals with a disability using mechanical lifts, ramps, or
        other suitable devices that do not require you to physically
        lift or carry passengers up stairs. 382.40 and 382.40a

    5.  Physically hand-carrying a passenger on or off the aircraft is
        prohibited except during an emergency evacuation. 382.39(a)(2)

    6.  **Q. How quickly must boarding and deplaning assistance be
        provided**? **Does Part 382 include a time limit?**

> **A.** No. Part 382 does not contain an express requirement to provide
> "timely" boarding and deplaning assistance. 382.39(a) But because
> 382.41(f) requires the "timely return of passengers' wheelchairs and
> other assistive devices" and 382.40(d) and 382.40a(d) require training
> to proficiency in the use of boarding and deplaning assistance
> equipment and procedures regarding the safety and dignity of
> passengers receiving boarding and deplaning assistance, DOT has
> interpreted Part 382 to require "timely" boarding and deplaning
> assistance and the TAM (70 FR 41482, 41490) states such assistance
> must be "timely."

7.  **Q. What does "timely" mean?**

> **A.** It would be assessed on a case-by-case basis. DOT has
> interpreted it to mean as soon as practicable. *See also* Appendix I:
> Tips for Air Travelers with Disabilities. (70 FR 41482, 41507).

8.  **Q. Are passengers who need boarding or deplaning assistance
    required to provide advance notice under the law?**

> **A.** No. *See* TAM (70 FR 41482, 41498-99). However, under
> 382.40(c)(3) and 382.40a(c)(3), on flights where boarding assistance
> would be provided by mechanical lift, carriers may require passengers
> in need of such boarding assistance to check in an hour before the
> flight. Even if the passenger does not check in an hour before the
> flight the carrier must provide the boarding assistance if making a
> reasonable effort to do so would not delay the flight.

9.  **Q. Where does providing assistance with enplaning and deplaning
    begin and end?**

> **A.** *See* Appendix III: Frequently Asked Questions TAM (70 FR
> 41482, 41510-11) (enplaning assistance can begin as early as curbside
> at the entrance to the airport terminal; deplaning assistance would
> end at curbside at the exit of the airport terminal).

10. **Q. Does your carrier have any policies (including FAA safety
    considerations) that impact boarding and deplaning assistance?**

> **A.** It depends on the individual carrier's policy.

B.  *Connecting Assistance -- Overview of the Law*

    1.  [On request]{.underline}, the delivering carrier must provide
        assistance to a passenger with a disability in making flight
        connections and providing transportation between gates.
        382.39(a) This is the case regardless of whether the delivering
        carrier has an interline agreement with the other carrier. Where
        needed and to the extent required by law, carriers must provide
        the services of personnel, wheelchairs, and ramps or mechanical
        lifts. 382.39(a)(1); TAM (70 FR 41482, 41495).

    2.  Carriers must not leave a passenger with a disability unattended
        in a ground wheelchair or other device in which the passenger is
        not independently mobile for more than 30 minutes. 382.39(a)(3)

    3.  No advance notice is required to receive connecting assistance.

    4.  **Q. When is connecting assistance complete?**

> **A.** DOT has interpreted connecting assistance to be complete when
> the delivering carrier escorts the passenger to the gate area of the
> connecting carrier or any other location, *e.g*., ticket counter,
> where an employee of the receiving carrier has affirmatively accepted
> responsibility for the passenger. 382.39(a)

C.  ***Role play to demonstrate the application of the law in a specific
    situation***

    1.  [Instructions for participants:]{.underline} Carefully observe
        the CRO's communication in the role play and think about the
        meaning behind the word choice and body language and attitude
        conveyed by the CRO. Those observations and the inferences drawn
        from those observations will be discussed following the role
        play.

    2.  **[Deplaning assistance role play:]{.underline}**

***[Mr. Hakim]{.underline}***: You are a passenger who uses a
battery-powered wheelchair. You have checked your wheelchair and you
understand it has been stowed in the cargo compartment upright, with the
battery intact. Since you are making a connection and will have three
hours in the terminal, you previously requested the carrier to have your
battery-powered wheelchair brought to the gate so you can use it during
this transit period. When the plane lands, you wait until all other
passengers have deplaned. When the carrier contractor arrives on board
with an aisle chair, you ask him if your personal wheelchair is waiting
for you at the gate because you want to avoid having to sit in the aisle
chair for any length of lime, *i.e.*, while waiting for your own
wheelchair to be brought up. He tells you that it's not up yet because
it has to be transported by elevator and it takes time. You tell the
contractor that the aisle chair is extremely uncomfortable and can cause
you extreme discomfort and damage your skin if you are forced to remain
in it for any length of time. You know your rights and you know you are
entitled to the "timely return" of your stowed wheelchair. You explain
this to the flight attendant and the contractor. By this time, you've
been waiting for 20 minutes and the pilot comes out and asks the flight
attendant angrily why you're still on the plane. He says he has to turn
the plane around quickly and asks why you won't use the aisle chair. At
this point, you're told that your own wheelchair still hasn't arrived at
the gate and you demand to speak with a CRO.

***[Mr. Mitchell]{.underline}***: You are the contractor. You are
terrified of the pilots and the flight attendants under circumstances
like this. You try to explain about the delay because of the elevator,
but they don't want to hear it. The passenger seems very ornery and
difficult to please, but you understand that having his own wheelchair
is important to him and you know it's required under the law. You just
don't know how to handle this situation other than just waiting for the
wheelchair to come up on the elevator.

***[Ms. Chang]{.underline}***: You are the flight attendant. You have no
patience for these contractors and their excuses. You want to have this
passenger deplane immediately, even if he has to sit in an aisle chair
for a while as he waits for his personal wheelchair to be brought up.
There doesn't seem to be any other option. You offer the passenger some
water and some words of understanding, but he's not hearing any of it.
He wants to know where his wheelchair is and he seems angry. You hope
the CRO will be able to help, but you need to resolve the situation as
quickly as possible.

***[Ms. Ricci]{.underline}***: You are the CRO on call and you are asked
to handle this issue in person on board the plane. How would you handle
the situation?

3.  *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    a.  **Sources of Information**:

        i.  Where would you look and whom would you talk to in order to
            gather relevant information?

    b.  **Sensitivity and Awareness**:

        i.  When interacting with a person who uses a wheelchair, what
            things would you keep in mind in order to be respectful and
            sensitive to a passenger with a mobility disability?

    c.  **Communication**:

        i.  How could you bring about a useful exchange of information?

    d.  **Conflict Resolution**:

        i.  What conflict resolution techniques could be used here?

**VII. SERVICE ANIMALS**

A.  *Frequently Asked Questions and Answers*

    1.  **Q. What is the definition of a service animal?**

> **A.** A service animal is any animal individually trained to perform
> or capable of performing functions to assist a qualified person with a
> disability; or any animal necessary for the emotional well being of a
> passenger. *See* Appendix VI: DOT Guidance Concerning Service Animals
> in Air Transportation (70 FR 41482, 41527); TAM (70 FR 41482, 41488).

2.  **Q. Are service animals permitted to remain with the passenger in
    the cabin?**

> **A.** Yes. Carriers must allow service animals to accompany
> passengers with disabilities in the cabin consistent with FAA safety
> requirements. 382.55(a); Appendix VI: DOT Guidance Concerning Service
> Animals in Air Transportation (70 FR 41482, 41529-30).

3.  **Q. How do you know if it's a service animal or a pet?**

> **A.** The difference is training or innate ability to assist a person
> with a disability (except for emotional support animals). Ask the
> passenger. Carriers must accept the credible verbal assurances of the
> passenger with a disability as evidence that the animal is a service
> animal. Other than in the context of emotional support animals,
> carriers must also accept identification cards, other written
> documentation, physical indicators like harnesses, vests, tags or
> markings on these items. 382.55(a)(1); *see* Appendix VI: DOT Guidance
> Concerning Service Animals in Air Transportation (70 FR 41482,
> 41527-28); TAM (70 FR 41482, 41491-41492).

4.  **Q. What could you ask if they are unsure if the animal is a
    service animal?**

> **A.** You could ask the following questions:

-   How does this animal assist you with your disability?

-   What has this animal been trained to do for you?

-   Would you describe how the animal performs his tasks or carries out
    his functions for you?

> *See* TAM (70 FR 41482, 41492); *see also* Appendix VI: DOT Guidance
> Concerning Service Animals in Air Transportation (70 FR 41482,
> 41527-28).

1.  **Q. What about a situation involving a passenger accompanied by an
    emotional support animal?**

> **A.** With respect to *emotional support animals*, carriers may
> require documentation to verify that an animal is an emotional support
> animal. However, carriers have the discretion to require or not to
> require such documentation. If carriers choose to require such
> documentation, then passengers traveling with emotional support
> animals must present current documentation (*i.e.*, dated within a
> year of the date of travel) stating that the:

a.  passenger has a mental health-related disability;

b.  passenger needs the animal for the mental-health condition; and

c.  provider of the letter is a licensed mental-health professional (or
    a medical doctor) *and* the passenger is under the individual's
    professional care.

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2.  **Q. What if a service animal is behaving inappropriately in a
    public setting?**

> **A.** Even if carriers receive sufficient verification that an animal
> accompanying a passenger is indeed a service animal, if the service
> animal's behavior in a public setting:

a.  poses a direct threat to the health or safety of others (*e.g.*,
    animal displays threatening behavior by growling, snarling, lunging
    at, or attempting to bite other persons in the aircraft); or

b.  would cause a significant disruption, *e.g.*, urinating, defecating,
    biting, growling, in cabin service ("fundamental alteration" under
    382.7(c)),

> carriers may refuse to permit the animal on the flight and offer the
> passenger alternative accommodations in accordance with Part 382 and
> the carrier's policy regarding carriage of animals generally (*e.g.*,
> accept the animal for carriage in the cargo hold).
>
> *See* TAM (70 FR 41482, 41492); *see also* Appendix VI: DOT Guidance
> Concerning Service Animals in Air Transportation (70 FR 41482,
> 41528-29); FAA Flight Standards Information Bulletin for Air
> Transportation (FSAT) #04-01A, "Location and Placement of Service
> Animals Engaged in Public Air Transportation"
> <http://www.faa.gov/avr/afs/fsat/fsatl.htm>.

3.  **Q. Can certain service animals, *e.g.*, snakes and spiders, pose
    unavoidable safety and/or public health concerns?**

> **A.** Yes. Release of such an animal could pose a direct threat to
> the health or safety of others. Therefore, carriers are not required
> to transport these types of animals in the cabin. *See* Appendix VI:
> DOT Guidance Concerning Service Animals in Air Transportation (70 FR
> 41482, 41529).

4.  **Q. Can a pig or a miniature horse be trained as a service animal
    or function as an emotional support animal?**

> **A.** Carriers should handle each situation on a case-by-case basis
> considering size, weight, state and foreign country restrictions,
> whether the animal would pose a direct threat to the health or safety
> of others or cause a fundamental alteration or disruption in cabin
> service. *See* Appendix VI: DOT Guidance Concerning Service Animals in
> Air Transportation (70 FR 41482, 41529).

B.  *Seat Assignments for Passengers Accompanied by a Service Animal*

    1.  **Q. Is a passenger with a disability accompanied by a service
        animal entitled to a seating accommodation?**

> **A.** Carriers must allow a service animal to sit in close proximity
> to its user, as long as the service animal does not block the aisle or
> other emergency evacuation route in violation of FAA safety
> regulations. 382.55(a)(2) Often this will mean that the service animal
> will sit under the seat in front of the disabled passenger to avoid
> obstructing an aisle or other area that must remain unobstructed in
> order to facilitate an emergency evacuation. Some service animals are
> held by their users in their arms as an adult would hold a human
> infant (limited to infants under two years of age) of roughly the same
> size.

2.  Depending on your carrier's policy regarding seat assignments for
    passengers with disabilities, passengers accompanied by service
    animals may pre-board or request an advance seat assignment. A
    passenger generally knows what type of seat best suits his or her
    service animal.

3.  If a passenger is accompanied by a service animal and requests a
    bulkhead seat, carriers must provide a bulkhead seat in the same
    class of service if one exists or a seat other than a bulkhead seat,
    depending on the passenger's request. 382.38(a)(3) A passenger
    accompanied by a service animal must self-identify in advance in
    order to receive this seating accommodation if the carrier employs
    an advance seat assignment system. If the carrier has no advance
    seat assignment system in place, the passenger accompanied by the
    service animal must take advantage of the opportunity to pre-board
    in order to select the seat assignment that best meets his or her
    needs. 382.38(d); Appendix VI: DOT Guidance Concerning Service
    Animals in Air Transportation (70 FR 41482, 41529-30); s*ee also*
    Appendix III: Frequently Asked Questions (70 FR 41482, 41511).

4.  Seating of passengers accompanied by a service animal cannot result
    in undue burden or fundamental alteration of services. 382.7(c)

5.  When seating a passenger accompanied by a service animal, you are
    [not]{.underline} required to:

    a.  Ask other passengers to give up space in front of them to
        accommodate someone else's service animal;

    b.  Deny transportation to any individual on a flight in order to
        provide an accommodation to a passenger with a service animal;

    c.  Furnish more than one seat per ticket to a passenger with a
        service animal or more than one service animal (however, if
        empty seats exist on board the aircraft, carriers are encouraged
        to seat disabled passengers with large service animals next to
        such empty seats; or

    d.  Provide a seat in a class of service other than the one the
        passenger has purchased.

> *See* Appendix VI: DOT Guidance Concerning Service Animals in Air
> Transportation (70 FR 41482, 41529-30).

###### Short exercise to demonstrate the application of the law in a specific situation

6.  **[Service animal short exercise]{.underline}**:

A passenger with a mobility disability boards the plane and is
accompanied by a well-behaved monkey as her service animal. The gate
crew has already informed you that this monkey is a service animal
because it is trained to perform certain functions for the passenger.
When the passenger is seated, she insists that the monkey sit on her lap
through all phases of the flight -- including ground movement, takeoff,
and landing \-- rather than under the seat in front of her. The monkey
is about the size of an average one-year-old child. The person sitting
next to the passenger with the monkey seems bothered by the fact of a
monkey sitting on the lap of her seatmate and expresses his discomfort
to the flight attendant. As the flight attendant, what should you do?

7.  *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    a.  **Sources of Information**:

        i.  Where would you look and whom would you talk to in order to
            gather relevant information?

    b.  **Sensitivity and Awareness**:

        i.  What should you keep in mind in order to be respectful and
            sensitive to a passenger with a mobility disability?

    c.  **Communication**:

        i.  How could you bring about a useful exchange of information?

    d.  **Conflict Resolution**:

        i.  What conflict resolution techniques could be used here?

#### VIII. ASSISTIVE DEVICES {#viii.-assistive-devices .unnumbered}

A.  *Definition of Assistive Device*

    1.  An assistive device is not expressly defined in Part 382, but
        DOT has interpreted it to mean any piece of equipment that is
        used by a passenger with a disability to assist him or her in
        carrying out a major life activity.

    2.  Assistive devices are those devices or pieces of equipment used
        to assist a passenger with a disability in caring for himself or
        herself, performing manual tasks, walking, seeing, hearing,
        speaking, breathing, learning, working, or performing other
        functions of daily life.

    3.  Assistive devices may include medical devices, medications, and
        bags or cases used to carry them. *See* TAM (70 FR 41482,
        41487); *see also* Appendix I: Tips for Air Travelers with
        Disabilities (70 FR 41482, 41507) and Appendix III: Frequently
        Asked Questions (70 FR 41482, 41511) for useful information
        about assistive devices.

B.  *Stowage and Treatment of Assistive Devices*

    1.  Carrier employees and contractors must be familiar with the
        legal requirements for stowage and treatment of personal
        equipment used by passengers with a disability, including
        ventilator/respirators, non-spillable batteries, canes,
        wheelchairs, and other assistive devices. 382.41

    2.  Carriers must allow passengers with a disability to bring their
        personal ventilators/respirators, including non-spillable
        batteries, on board the aircraft as long as FAA safety
        regulations are met. 382.41(b) Carriers must permit passengers
        to stow their canes and other assistive devices in the cabin and
        close to their seats, consistent with FAA safety regulations
        concerning carry-on items. 382.41(c)

    3.  Carriers must not count assistive devices brought on board the
        aircraft by a passenger with a disability toward the limit on
        the passenger's carry-on items. 382.41(d) Wheelchairs and other
        assistive devices that cannot be stowed in the cabin must be
        stowed in the baggage compartment with priority over other cargo
        and baggage. 382.41(f)(3) In addition, because carriers cannot
        charge for facilities, equipment, or services required under the
        law to be provided to qualified individuals with a disability,
        no charge would be imposed if a wheelchair or assistive device
        exceeded the weight limit on checked baggage. 382.57; *see* TAM
        (70 FR 41482, 41499-500)

C.  *Wheelchairs*

    1.  Carriers must permit stowage in the cabin of wheelchairs or
        components of wheelchairs, including folding, collapsible, or
        breakdown battery-powered wheelchairs as follows:

        a.  In overhead compartments and under seats consistent with FAA
            safety regulations for carry-on items. 382.41(e)(1)

        b.  If the aircraft contains a closet or storage area of a size
            sufficient to accommodate a passenger's folding,
            collapsible, or breakdown wheelchair, the carrier must
            designate priority stowage space for at least one
            passenger's wheelchair in that area. If a passenger with a
            disability decides to pre-board, the passenger may stow his
            or her wheelchair in the designated storage space with
            priority over the carry-on items brought on board by other
            passengers and crew boarding the plane at the same airport.
            If, on the other hand, a passenger with a disability chooses
            not to pre-board, the passenger may stow his or her
            wheelchair in the designated storage space on a first-come,
            first-served basis along with all other passengers seeking
            to stow carry-on items in the space. 382.41(e)(2)

        c.  If the aircraft cabin does not contain a stowage area of a
            size sufficient to accommodate a folding, collapsible, or
            breakdown wheelchair, carrier employees or contractors must
            stow the wheelchair in the cargo compartment with priority
            over other luggage. 382.41(e)(3)

D.  *Wheelchairs Unable to be Stowed in the Aircraft Cabin as Carry-on*

    1.  When a folding, collapsible, or break-down wheelchair cannot be
        stowed in the cabin as carry-on baggage, carrier employees or
        contractors must ensure the timely checking and return of the
        passenger's wheelchair or other assistive device as close as
        possible to the door of the aircraft, so that the passenger with
        a disability can use his or her own equipment, where possible,
        consistent with DOT regulations concerning transportation of
        hazardous materials. 382.41(f)

    2.  If, on the other hand, a passenger with a disability requests,
        carrier employees or contractors should return the wheelchair or
        other assistive device at the baggage claim area instead of at
        the door of the aircraft. 382.41(f)(1)

    3.  A passenger's wheelchair or other assistive device must be
        stowed in the baggage compartment with priority over other items
        and baggage. 382.41(f)(3) In order to ensure the timely return
        of a passenger's wheelchair or other assistive device, it must
        be among the first items retrieved from the baggage compartment.
        382.41(f)(2) If giving priority to wheelchairs and other
        assistive devices results in passengers' non-assistive
        device-related baggage being unable to be carried on the flight,
        you must use your best efforts to ensure that the non-assistive
        device-related baggage reaches the passengers' destination
        within four hours of the scheduled arrival time of the flight.

E.  *Battery-powered Wheelchairs*

    1.  Carriers must accept a passenger's battery-powered wheelchair,
        including the battery, as checked baggage unless baggage
        compartment size and aircraft airworthiness considerations
        prohibit it. 382.41(g)

    2.  Carriers may require that a passenger with a disability wishing
        to have a battery-powered wheelchair transported on a flight
        (including in the cabin where required) check in for the flight
        one hour before the scheduled departure time. 382.41(g)(1)
        Carriers must also make a reasonable effort to accommodate the
        passenger and transport the wheelchair even if the passenger
        does not check in one hour before the scheduled departure time,
        as long as it would not delay the flight.

    3.  If (i) the battery on the passenger's wheelchair has been
        labeled by the manufacturer as *non-spillable* or (ii) the
        battery-powered wheelchair with a *spillable* battery can be
        loaded, stored, secured, and unloaded in an upright position,
        carriers must *not require* the battery to be removed and
        separately packaged. Carriers may remove and package separately
        any battery that appears to be damaged or leaking. 382.41(g)(2)

    4.  When it is necessary to detach a battery from a wheelchair,
        carriers must provide packaging for the battery and package the
        battery consistent with appropriate hazardous materials
        regulations. 382.41(g)(3) Carriers must not charge for such
        packaging. 382.57

    5.  Carriers must not drain batteries. 382.41(g)(4)

    6.  If a passenger with a disability requests, carriers must stow a
        folding, breakdown, or collapsible battery-powered wheelchair in
        the passenger cabin consistent with the requirements set forth
        above. If the wheelchair can be stowed in the cabin without
        removing the battery, then carriers must not remove the battery.
        If the wheelchair cannot be stowed in the cabin without removing
        the battery, then carriers must remove the battery and stow it
        in the baggage compartment in the proper packaging as set forth
        above. In this case, carriers must permit the wheelchair, with
        the battery removed, to be stowed in the cabin. 382.41(g)(5)

    7.  Carriers must permit passengers with a disability to provide
        written instructions concerning the disassembly and reassembly
        of their wheelchairs. 382.41(h)

    8.  When carrier employees or contractors disassemble wheelchairs or
        other assistive devices for stowage, they must reassemble them
        and ensure their prompt return to the passenger with a
        disability. They must return a wheelchair or other assistive
        device to the passenger in the same condition in which they
        received it. 382.43(a)

    9.  On domestic flights, the normal baggage liability limits do not
        apply to loss, damage, or delay concerning wheelchairs or other
        assistive devices. Instead, the criterion for calculating the
        compensation for lost, damaged, or destroyed wheelchairs or
        other assistive devices must be the original price of the
        device. 382.43(b) Moreover, carriers must not require a
        passenger with a disability to sign a waiver of liability for
        damage to or loss of a wheelchair or other assistive device,
        although carrier employees and contractors may make notes about
        preexisting damage or conditions of wheelchairs or other
        assistive devices. 382.43(c); *see* TAM (70 FR 41482, 41500-01).

##### **Role play to demonstrate the application of the law in a specific situation**

10. [Instructions for participants]{.underline}: Carefully observe the
    reservation agent's communication in the role play and think about
    the meaning behind the word choice and attitude conveyed by the
    reservation agent

11. **[Assistive devices role play:]{.underline}**

***[Ms. Smith]{.underline}***: You are planning to travel to your condo
in Florida where you'll be spending the winter months. You have decided
to bring your specially-designed bed with you because sleeping on it is
good for your arthritic back. The bed is a custom device with a special
mattress and it eases the pain in your back. Aside from these arthritis
flare ups, you are in your early 70's and generally healthy for your
age. You believe that under the law, a carrier must generally transport
an assistive device without charge. When you call the reservation agent
to book your flight, you ask about checking your bed and point out to
the reservation agent that you should not be charged for it because you
consider the bed to be an assistive device.

***[Ms. Patterson]{.underline}***: You are the reservation agent and you
have never heard of someone checking a bed as an assistive device. It
just doesn't seem right to you, although you realize that under the law,
you must generally accept assistive devices and not charge the
passenger. How should you handle this situation?

12. *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    a.  **Sources of Information**:

        i.  Where would you look and whom would you talk to in order to
            gather relevant information?

    b.  **Sensitivity and Awareness**:

        i.  What issues regarding sensitivity and awareness should you
            consider here?

    c.  **Communication**:

        i.  How could you bring about a useful exchange of information?

    d.  **Conflict Resolution**:

        i.  What conflict resolution techniques could be used here?

**IX. SEATING ASSIGNMENTS AND ACCOMMODATIONS**

A.  *Seating Assignments and Accommodations - Overview of the Law*[^2]

    1.  Only Safety Affects Seat Assignments

        a.  Carriers must not refuse transportation to a qualified
            individual with a disability because the person's disability
            results in appearance or involuntary behavior that may
            offend, annoy, or inconvenience crewmembers or other
            passengers. 382.31(b)

        b.  Carriers must not exclude a passenger with a disability from
            any seat in an exit row or other location or require a
            passenger with a disability to sit in a particular seat
            based on the passenger's disability, except to comply with
            FAA safety requirements. 382.37(a)

        c.  If a passenger's disability results in involuntary behavior
            that would result in refusal of transportation under 382.31
            and the safety problem could be addressed by seating the
            passenger in a particular location in the same class of
            service, carriers must offer the passenger that particular
            seat location as an alternative to refusing transportation.
            382.37(b)

B.  ***Short exercise to demonstrate the application of the law in a
    specific situation***

    1.  **[Seating assignment short exercise]{.underline}:**

> A passenger with Tourette's syndrome -- a neurological disability that
> manifests itself by episodes of shaking, muscle tics, and/or spasms
> and uncontrolled shouting, barking, screaming, cursing, and/or abusive
> language -- approaches the check-in desk, self-identifies as a
> passenger with a disability, and presents brochures explaining the
> disability to the agent. What should you do?

2.  *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    a.  **Sources of Information**:

        i.  Where would you look and whom would you talk to in order to
            gather relevant information?

    b.  **Sensitivity and Awareness**:

        i.  What issues regarding sensitivity and awareness should you
            consider here?

    c.  **Communication**:

        i.  How could you bring about a useful exchange of information?

    d.  **Conflict Resolution**:

        i.  What conflict resolution techniques could be used here?

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C.  *Four Specific Situations in which a Seating Accommodation is
    Required by Law*

    1.  If a passenger self-identifies as an individual with a
        disability, there are four specific situations where you must
        provide a particular seating accommodation, if requested. The
        four situations are as follows:

        a.  If the passenger uses an aisle chair to access the aircraft
            and cannot readily transfer over a fixed aisle armrest, you
            must provide a seat in a row with a movable armrest if one
            exists 382.38(a)(1);

        b.  If the passenger (i) is a passenger who is traveling with an
            attendant who will be performing functions during the flight
            that airline personnel are not required to perform, e.g.,
            assistance with eating 382.38(a)(2)(i); (ii) is a passenger
            with a visual impairment who is traveling with a
            reader/assistant who will be performing functions for the
            passenger during the flight 382.38(a)(2)(ii); or (iii) is a
            passenger who is deaf or hard of hearing or deaf-blind who
            is traveling with an interpreter who will be performing
            functions for the passenger during the flight, you must
            provide a seat for the care attendant next to the passenger
            with a disability 382.38(a)(2)(iii);

        c.  If the passenger is accompanied by a service animal, you
            must provide a bulkhead seat if one exists in the same class
            of service or a seat other than a bulkhead seat, depending
            on the passenger's request 382.38(a)(3); or

        d.  If the passenger has a fused or immobilized leg, you must
            provide a bulkhead seat if one exists in the same class of
            service or other seat with more legroom than other seats on
            the side of the aisle that best accommodates the passenger.
            382.38(a)(4)

    2.  Regardless of which type of system a carrier uses for handling
        its seat assignments (block, priority, or pre-boarding method),
        carriers must provide the required seating accommodation in the
        four specific situations described above, if requested. The type
        of seat assignment system will determine how a carrier fulfills
        its obligation to provide these seating assignments.

    3.  Be aware of your carrier's method for managing seat assignments
        and be able to explain it to passengers with disabilities and
        the general passenger population depending on the circumstances.

D.  *Advance Seat Assignments -- Blocking Method or Priority Seating
    Method*

    1.  [Seat "Blocking" Method]{.underline}

        a.  Carriers may "block" an adequate number of seats to provide
            the seating accommodations discussed above. If carriers
            employ this "block" method, they must not assign these
            "blocked" seats to passengers other than the types of
            passengers entitled to a seating accommodation discussed
            above until 24 hours before the scheduled departure of the
            flight. At any time up to 24 hours before the flight,
            carriers using the "block" system must assign a "blocked"
            seat to any passenger who qualifies for a particular seating
            accommodation outlined in the four situations above.

        b.  If a passenger with a disability meeting the above
            requirements does not make a request for a seating
            accommodation at least 24 hours before the scheduled
            departure of the flight, a carrier using the "block" system
            must provide the requested seating accommodation to the
            extent practicable, but is not required to reassign a seat
            assigned to another passenger in order to do so.
            382.38(b)(1)(i), (ii), and (iii)

## Short exercise to demonstrate the application of the law in a specific situation 

c.  **[Seat "blocking" method short exercise]{.underline}:**

> A passenger with a service animal calls you, a reservation agent,
> several days before the scheduled departure of her flight and requests
> a bulkhead seat. The aircraft has four bulkhead seats, two are
> "blocked" under your carrier's system for passengers traveling with a
> service animal or an immobilized leg. What should you do?

2.  ["Priority" Seating Method]{.underline}

    a.  Carriers may designate an adequate number of "priority" seats
        for passengers with a disability who meet the above requirements
        and who request a seating accommodation. In this case, the
        carrier must provide notice to any passenger assigned to a
        "priority" seat (other than passengers with a disability
        entitled to a seating accommodation in one of the four
        situations discussed above) that they are subject to being
        reassigned to another seat if necessary to provide a seating
        accommodation required under the law. The carrier may provide
        this notice through its computer reservation system, verbal
        information provided by reservations personnel, counter signs,
        seat cards or notices, frequent-flyer literature, or other
        appropriate means. 382.38(b)(2)(i) The carrier must provide a
        "priority" seat to a passenger with a disability entitled to
        such accommodation if the passenger requests the accommodation
        and checks in at least one hour before the scheduled departure
        of the flight. If all of the designated "priority" seats have
        been assigned to other passengers who do not have disabilities,
        the carrier must reassign the seats of the other passengers to
        accommodate the passenger with a disability entitled to a
        seating accommodation as discussed above. 382.38(b)(2)(ii)

    b.  If a passenger with a disability does not check in at least one
        hour before the scheduled departure of the flight, a carrier
        using the "priority" seating system must provide the requested
        seating accommodation, to the extent practicable, but is not
        required to reassign a seat assigned to another passenger in
        order to do so. 382.38(b)(2)(iii)

3.  ***Short exercise to demonstrate the application of the law in a
    specific situation***

    a.  **["Priority" seating method short exercise:]{.underline}**

> A passenger with an immobilized leg requests a bulkhead seat and
> checks in two hours before the scheduled departure of the flight. Your
> carrier employs the "priority" seating method and has designated all
> four bulkhead seats on the aircraft as "priority" seating. Three of
> the bulkhead seats have already been assigned to three passengers
> traveling with small service animals who have requested the seating
> accommodations and checked in at least an hour before the scheduled
> departure of the flight. The fourth "priority" bulkhead seat has been
> assigned to a passenger who also checked in two hours before the
> flight and uses an aisle chair to enplane who prefers the bulkhead
> seat to a seat in a row with a movable armrest. What should you do?

E.  *Seating Accommodations Other than one of the Four Types Listed
    Above*

    1.  Passengers with a disability -- other than the types of
        passengers with a disability entitled to a seating accommodation
        in one of the four specific situations discussed above -- may
        identify themselves as passengers with a disability and request
        a seating accommodation. 382.38(c)

    2.  In this case, a carrier employing the "block" method is *not*
        required to offer one of the "blocked" seats when the passenger
        with a disability makes a reservation more than 24 hours before
        the scheduled departure time of the flight. However, the carrier
        must assign the passenger with a disability 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.
        382.38(c)(1)(i) and (ii)

## Short exercises to demonstrate the application of the law in a specific situation 

a.  **[Advance seating assignment other than one of the four types
    listed under the law - seat "blocking" method short
    exercise]{.underline}:**

> A passenger with arthritis in his spine making his back extremely
> stiff calls a week before his flight and asks you, the reservation
> agent, for a bulkhead seat. He explains that it is much easier for him
> to access a bulkhead seat because he has to be lowered into the seat
> with assistance from another person. The aircraft has six bulkhead
> seats, two of which are "blocked" under your carrier's reservation
> system for passengers traveling with service animals or passengers
> with immobilized legs. One of the four remaining bulkhead seats is
> unassigned when he calls. Your carrier normally reserves such seats
> for its frequent flyer passengers. What should you do?

b.  **[Advance seating assignment other than one of the four types
    listed under the law - "priority" seating method short
    exercise]{.underline}:**

> Suppose the same passenger, with arthritis in his spine, in the
> example above, calls your carrier, asking for a bulkhead seat, but
> your carrier uses the "priority" seating method. The aircraft has six
> bulkhead seats, two of which are "priority" seats for passengers
> traveling with service animals or passengers with immobilized legs. At
> the time of the call, all four of the other "non-priority" bulkhead
> seats have been assigned to other passengers, but the two "priority"
> seats are unassigned. What should you do?

F.  *No Advance Seat Assignments*

    1.  If a carrier does not provide advance seat assignments, you must
        allow passengers who identify themselves as passengers with a
        disability in need of a seating accommodation to pre-board --
        even before other passengers entitled to pre-board -- and select
        the seat assignment that best meets their needs. 382.38(d)

    2.  If a carrier wishes to comply with this requirement in another
        way, it must receive written approval from DOT. 382.38(e)

G.  *Other Legal Requirements relating to Seat Assignments*

    1.  Carriers must provide a seat assignment accommodation when
        requested by a passenger with a disability even if the seat is
        not otherwise available for assignment to the general passenger
        population at the time of the request. 382.38(f)

    2.  Carriers cannot reassign the seat of a passenger with a
        disability who is qualified for a seat assignment to accommodate
        a disability in the event of a subsequent request for the same
        seat unless the passenger with a disability consents to the
        reassignment. 382.38(g)

    3.  Carriers must not deny transportation to any individual on a
        flight in order to provide a seat accommodation to a passenger
        with a disability. 382.38(h)

    4.  Carriers are also not required to provide more than one seat per
        ticket or a seat in a class of service other than the one the
        passenger has purchased to accommodate a passenger with a
        disability requesting a seating accommodation; however, carriers
        are encouraged to seat disabled passengers needing extra room to
        accommodate their disability next to empty seats, if requested,
        and such seats exist. 382.38(i)

    5.  Carriers must comply with all FAA *safety* requirements in
        responding to requests from individuals with a disability for
        seating accommodations. 382.38(j)

## Short exercise to demonstrate the application of the law in a specific situation 

6.  **[Another seating assignment short exercise]{.underline}:**

> A passenger with an economy class ticket and an immobilized leg (with
> a full-leg cast) arrives more than an hour before his flight is
> scheduled to depart. He arrives at the check-in counter, explains his
> disability, and insists that he is entitled to a seat in first class
> to accommodate his extended leg. Your carrier uses the "priority"
> seating method for advance seat assignments. What should you do?

7.  *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    a.  **Sources of Information**:

        i.  Where would you look and whom would you talk to in order to
            gather relevant information?

    b.  **Sensitivity and Awareness**:

        i.  What issues regarding sensitivity and awareness should you
            consider here?

    c.  **Communication**:

        i.  How could you bring about a useful exchange of information?

    d.  **Conflict Resolution**:

        i.  What conflict resolution techniques could be used here?

**X. COMMUNICABLE DISEASES/MEDICAL CERTIFICATES/ATTENDANTS**

A.  *Communicable Diseases - Overview of the Law*

    1.  **Passengers with a Communicable Disease Are Permitted on
        Flight**

        a.  Except as described below, carriers must not

            i.  refuse transportation to;

            ii. require provision of a medical certificate from; or

            iii. impose any condition, restriction, or requirement not
                 imposed on other passengers on,

> a passenger with a disability on the basis that the passenger has a
> communicable disease or infection. 382.51(a)

2.  **If Direct Threat to Health or Safety of Others, Limitations May be
    Imposed**

    a.  Only if a passenger has a communicable disease or infection that
        poses a *direct threat* to the health or safety of others, can
        carriers take any of the actions listed above. 382.51(b)(1)

    b.  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. 382.51(b)(2)

    c.  Employees and contractors of carriers must make an
        individualized assessment based on a reasonable judgment,
        ***relying on current medical knowledge or the best available
        objective evidence***. If the presentation of a medical
        certificate would alleviate concerns over the passenger's
        condition, or reasonable modification of policies, practices, or
        procedures would lessen the risk to other passengers, then they
        should consider this in making such an individualized
        assessment. They should also confer with appropriate medical
        personnel and a CRO when making this assessment. 382.51(b)(3)

3.  **If the Passenger Poses a Direct Threat to the Health and Safety of
    Others**

    a.  If an employee or contractor of a carrier determines that a
        passenger with a communicable disease or infection poses a
        direct threat to the health or safety of other passengers, he or
        she may

        i.  refuse to provide transportation to that person;

        ii. require that person to provide a medical certificate stating
            that the disease at its current stage would not be
            transmittable during the normal course of a flight or, if
            applicable, describing measures that would prevent
            transmission during the flight 382.53(c); or

        iii. impose on that passenger a special condition or restriction
             (*e.g*., wearing a mask).

    b.  The employee or contractor must ***choose the least
        restrictive*** of the three options set forth above that would
        accomplish the objective. 382.51(b)(4); *see* TAM (70 FR 41482,
        41492-93)

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B.  *Medical Certificates -- Overview of the Law*

    1.  Except under the circumstances described below, carriers must
        not require a passenger with a disability to have a medical
        certificate as a condition for being provided transportation.
        382.53(a)

    2.  Carriers may require a medical certificate if the passenger with
        a disability is an individual who

        a.  is traveling on a stretcher or in an incubator (where such
            service is offered);

        b.  needs medical oxygen during the flight (where such service
            is offered); or

        c.  has a medical condition that causes the carrier to have
            reasonable doubt that the passenger can complete the flight
            safely, without requiring extraordinary medical assistance
            during the flight. 382.53 (b)

    3.  Medical Certificate and a Passenger with a Communicable Disease
        or Infection

        a.  If an employee or contractor of a carrier determines that a
            passenger with a communicable disease or infection poses a
            direct threat to the health or safety risk of others, he or
            she may require a medical certificate from the passenger.
            382.53(c)(1)

        b.  The 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 must
            state any conditions or precautions that would have to be
            observed to prevent the transmission of the disease or
            infection to other persons during the normal course of a
            flight. It must be dated within 10 days of the flight date.
            382.53(c)(2)

C.  ***Short exercise to demonstrate the application of the law in a
    specific situation***

    1.  **[Medical certificate and communicable disease short
        exercise]{.underline}:**

> A passenger arrives at the gate with her six year old daughter. The
> girl's face and arms are covered with red lesions, resembling chicken
> pox. What should you do?

D.  *Attendants -- Overview of the Law*

    1.  It is generally not appropriate to require a passenger with a
        disability to be accompanied by a personal care attendant.
        382.35(a) Even if carrier employees or contractors have concerns
        about a passenger's ability to access the lavatory or the
        passenger's need for extensive special assistance which airline
        personnel are not obligated to provide, *e.g.*, assistance in
        eating, assistance within the lavatory, or provision of medical
        services 382.39(c), they must not require the passenger with a
        disability to travel with a personal care attendant except in
        the circumstances described below.

    2.  Safety Considerations May Necessitate an Attendant

        a.  In the interests of safety, however, carriers may require
            that a passenger with a disability travel with an attendant
            as a condition of receiving air transportation if the
            passenger is:

            i.  traveling on a stretcher or in an incubator (where such
                service is offered);

            ii. mentally disabled and unable to comprehend or respond
                appropriately to safety instructions;

            iii. severely impaired with respect to mobility and would be
                 unable *to assist in* the passenger's own evacuation
                 from the aircraft; or

            iv. deaf and severely impaired with respect to vision such
                that the passenger could not adequately communicate with
                airline employees to permit transmission of the safety
                briefing. 382.35(b)(1) -- (4)

    3.  If Carrier Contends That Attendant Is Required for Safety
        Reasons and Passenger Disagrees

        a.  If, after careful consultation with a CRO and any other
            personnel required to be consulted by the carrier, an
            employee or contractor determines that a passenger with a
            disability must travel with an attendant for one of the
            reasons described in Section 382.35(b) (see above), then the
            carrier may require that the passenger be accompanied by an
            attendant. If this decision is contrary to the
            self-assessment of the passenger with a disability, then the
            carrier must not charge for the transportation of the
            attendant. 382.35(c) In addition, if no seat is available on
            the flight for the attendant whom the carrier has determined
            to be necessary and as a result the passenger with a
            disability with a confirmed reservation is unable to travel
            on the flight, the passenger with a disability is eligible
            for denied boarding compensation. 382.35(d) For purposes of
            determining whether a seat is available for an attendant,
            the attendant must be deemed to have checked in at the same
            time as the passenger with a disability. 382.35(e)

        b.  In the event a carrier employee chooses to recruit an
            attendant to accompany the passenger with a disability, even
            though carriers are not obligated to do so, he or she may
            ask

            i.  an off-duty airline employee traveling on the same
                flight to function as the attendant;

            ii. a volunteer from among the other customers traveling on
                the flight and offer a free ticket for their assistance;
                or

            iii. the passenger with a disability to choose an attendant
                 and offer a free ticket.

        c.  If the attendant is accompanying a passenger traveling on a
            stretcher or in an incubator, the attendant must be capable
            of attending to the passenger's in-flight medical needs.
            382.35(b)(1) Otherwise, the purpose of the attendant is to
            assist the passenger with a disability in an emergency
            evacuation. Other than the situation set forth above when an
            attendant is accompanying a passenger who is on a stretcher
            or in an incubator, the attendant is not obligated to
            provide personal services to the passenger with a disability
            such as assistance with eating or accessing the lavatory.
            TAM (70 FR 41482, 41495-96)

E.  ***Short exercise to demonstrate the application of the law in a
    specific situation***

    1.  **[Attendants short exercise]{.underline}:**

> A passenger with quadriplegia traveling alone approaches the check-in
> counter. You have concerns as to whether the passenger's mobility
> impairment is so severe that he would be unable ***to assist*** in his
> own evacuation from the aircraft. What should you do?

F.  *Address the different aspects of information, sensitivity and
    awareness, communication, and conflict resolution.*

    1.  **Sources of Information**:

        a.  Where would you look and whom would you talk to in order to
            gather relevant information?

    2.  **Sensitivity and Awareness**:

        a.  What issues regarding sensitivity and awareness should you
            consider here?

    3.  **Communication**:

        a.  How could you bring about a useful exchange of information?

    4.  **Conflict Resolution**:

        a.  What conflict resolution techniques could be used here?

**XI. CONCLUSION**

A.  *Summary*

    1.  Accomplished our goals by

        a.  gaining an understanding of the legal requirements of Part
            382 through hands-on application of the law to different
            problems; and

        b.  using a comprehensive approach to problem--solving through
            the four pieces of information, sensitivity and awareness,
            communication, and conflict resolution.

B.  *Participants' Questions*

C.  *Comprehension Check and Evaluation Form*

D.  *Certificates of Completion*

> **[Comprehension Check]{.underline}**

1.  In the context of the requirement for providing enplaning,
    deplaning, or connecting assistance, within what time frame must
    this assistance be provided?

    a.  Under 30 minutes.

    b.  In a timely manner.

    c.  It's at the discretion of the carrier personal or contractor
        involved.

ANSWER:

2.  When providing deplaning assistance to a passenger who requests a
    ground wheelchair and someone to push the wheelchair, if this
    passenger has arrived at his or her final destination, where do the
    carrier contractor's responsibilities end?

    a.  At the baggage claim area.

    b.  At the passenger's car in the parking lot.

    c.  At curbside at the entrance to the terminal unless the passenger
        has specified another area within the airport terminal.

> ANSWER:

3.  When guiding a passenger who is blind through the terminal, you
    should do the following:

    a.  Take either of the person's arms and begin walking; he or she
        will know what to do and allow you to guide him or her.

    b.  Introduce yourself by name and job responsibility and ask the
        passenger who is blind if he or she would like to take your arm.

    c.  Remain silent because your voice could be very distracting to
        the passenger who is blind in the noisy terminal.

> ANSWER:

4.  When talking to a passenger who uses a wheelchair, which one of the
    following things should you ***avoid*** doing?

    a.  Stooping or leaning down to talk to the person using the
        wheelchair at eye level.

    b.  Placing your hand or foot on the person's wheelchair.

    c.  Asking the person using the wheelchair if he or she would like
        to provide you with instructions about assembly or disassembly
        of the wheelchair.

> ANSWER:

5.  What resources for information about the rights of air travelers
    with a disability and the responsibilities of air carriers with
    respect to those rights are available to you?

    a.  The TAM and your carrier's policies.

    b.  Part 382.

    c.  DOT guidance documents on DOT's web site at
        <http://airconsumer.ost.dot.gov/pubs.htm>.

    d.  All of the above.

> ANSWER:

6.  If a passenger approaches you and self-identifies as a person
    traveling with an emotional support animal, you may

    a.  Explain the need for current documentation (within one year of
        the travel date), *i.e.*, a letter from a licensed physician or
        mental-health professional stating that the passenger is under
        the physician's or mental health professional's care and that he
        has a mental-health related disability and needs to be
        accompanied by the animal.

    b.  Ask the passenger in a discreet and respectful manner how the
        animal assists with his disability.

> ANSWER:

7.  A passenger who uses a personal wheelchair takes advantage of the
    opportunity to pre-board to stow her folding wheelchair in an
    approved stowage area in the cabin for carry-on items of sufficient
    size to accommodate the folding wheelchair. The storage area is full
    of the carry-on items brought on board by the crew enplaning at the
    same airport. What is required here?

    a.  The passenger's collapsible wheelchair must be stowed in the
        cargo compartment with priority over other cargo and baggage.

    b.  The crew members' carry-on items must be removed to make room
        for the passenger's collapsible wheelchair.

    c.  The passenger's collapsible wheelchair must be disassembled and
        the components must be stowed under the seat and in the overhead
        compartment.

> ANSWER:

8.  On request of a passenger who self-identifies as having a disability
    enumerated in 382.38(a), carriers must provide a specific seating
    accommodation. Which one of the following is *not* such a passenger
    with a disability whose seating accommodation is expressly required
    under 382.38(a)?

    a.  A person who is blind and traveling without an attendant or a
        service animal.

    b.  A person with a fused or immobilized leg.

    c.  A person who uses an aisle chair to enplane and who cannot
        readily transfer over a fixed aisle armrest.

> ANSWER:

9.  When stowing a battery-powered wheelchair, when are carriers not
    required to remove the battery and package it separately?

    a.  Whenever carrier personnel don't feel like doing it.

    b.  It the passenger who uses a wheelchair requests that the battery
        not be removed.

    c.  If the battery is labeled non-spillable or the battery-powered
        wheelchair with a spillable battery can be loaded, secured, and
        unloaded in an upright position.

> ANSWER:

10. With respect to seat assignments for passengers with a disability,
    which statement below is *false*:

    a.  Carriers must not deny transportation to any individual on a
        flight in order to provide a seat accommodation to a passenger
        with a disability.

    b.  Carriers are not required to provide more than one seat per
        ticket or a seat in a class of service other than the one the
        passenger has purchased to accommodate a passenger with a
        disability.

    c.  Carriers must comply with all FAA safety regulations when
        providing seating accommodations to passengers with
        disabilities.

    d.  None of the above.

> ANSWER:

11. If a passenger with a disability requests a seat in an emergency
    exit row, you should

    a.  Automatically deny the passenger's request because people with
        disabilities are not permitted to sit in the emergency exit row.

    b.  Review the FAA criteria for exit-row seating and make a
        determination on a case-by-case basis.

    c.  Permit the passenger with a disability to sit in the emergency
        exit row because to deny the request would be discriminating on
        the basis of the disability.

> ANSWER:

12. What are the requirements under the law when a passenger with a
    communicable disease or infection presents herself for air travel?

    a.  A passenger with a communicable disease or infection always
        poses a direct threat to the health or safety of others and
        should never be permitted to board the plane.

    b.  If the passenger tells you she is not contagious, you must
        permit the passenger with a communicable disease or infection to
        board the plane.

    c.  Carrier personnel and contractors are to make an individualized
        assessment based on their reasonable judgment relying on current
        medical knowledge or the best available objective evidence as to
        whether the passenger's condition poses a direct threat to the
        health or safety of others that cannot be eliminated by
        modification of policies, practices, or procedures, or by the
        provision of auxiliary aids or services.

> ANSWER:

13. Although a passenger's child appears to have a communicable disease,
    his father presents a medical certificate to you, the gate agent.
    What information must the medical certificate contain in order for
    this passenger and his child to board the plane?

    a.  The medical certificate must be from the child's physician and
        state that the disease or infection would not, under the present
        conditions in the particular passenger's case, be communicable
        to other persons during the course of the flight.

    b.  The medical certificate must be dated within 10 days of the
        flight and state any conditions or precautions that would have
        to be observed to prevent transmission of the disease or
        infection to other persons in the normal course of a flight.

    c.  Both a. and b.

> ANSWER:

14. Of the three choices below, who may be required to travel with an
    attendant?

    a.  A passenger with a mobility impairment who may have trouble
        accessing the lavatory on board.

    b.  A passenger who is mentally disabled and unable to comprehend or
        respond appropriately to safety instructions.

    c.  A passenger whom the flight attendant perceives to need
        extensive special assistance, *e.g.*, assistance with eating.

> ANSWER:

15. When trying to determine what type of services or accommodations a
    passenger with a disability might need, what is the first question
    you should ask?

    a.  What is your disability?

    b.  As a person with a disability, are you sure you are able to
        travel by air?

    c.  How may I assist you?

> ANSWER:

16. Under the law, when *must* you contact a CRO?

    a.  If the passenger or a family member or traveling companion of
        the passenger asks to speak with a carrier employee or
        supervisor about a disability-related complaint.

    b.  If you are unsure about how best to proceed with respect to a
        disability-related matter.

    c.  Both a. and b.

> ANSWER:

17. A passenger who is a paraplegic, uses a motorized wheelchair, and
    has no use of her legs but use of her arms arrives at the check-in
    counter. She is traveling alone. Is your carrier allowed to require
    that she travel with an attendant?

    a.  Yes, because of safety considerations.

    b.  It depends. If she is able to assist in her own evacuation, the
        carrier must not require her to travel with an attendant.

    c.  It depends on whether or not there is a crew member available to
        serve as the safety attendant.

ANSWER:

18. When a deaf passenger who discloses his or her disability is
    accessing air transportation, what is important to keep in mind?

    a.  Carrier personnel and contractors should determine an accessible
        method of communication to use with that passenger and use it to
        convey flight information, gate information, cancellations,
        delays, safety briefings, etc.

    b.  This passenger's privacy should be respected and all
        communications should be handled discreetly and respectfully.

    c.  Indicate that the passenger is deaf in the special service
        request (SSR) field of the passenger name record (PNR) and, to
        the extent feasible, check and update the SSR field of the PNR
        for specific information about how to accommodate the passenger
        who is deaf.

    d.  All of the above.

> ANSWER:

19. One customer has already stored his folding wheelchair in the
    stowage space designated for carry-on items and of sufficient size
    to accommodate only one passenger's wheelchair. Another passenger
    arrives at the gate and also requests to have her collapsible
    wheelchair stowed in the cabin. Are carriers ever required to stow
    two wheelchairs in the cabin?

    a.  It depends. If the aircraft has 100 or more passenger seats and
        was ordered after April 5, 1990, or delivered after April 5,
        1992, it must have a priority space in the cabin for stowage of
        at least one folding wheelchair. Carriers also have an
        obligation to stow wheelchairs or components of wheelchairs in
        overhead compartments and under seats, consistent with FAA
        safety regulations. Therefore, if the second wheelchair could be
        easily disassembled and stowed as components in the overhead bin
        and under the seat, both wheelchairs should be accommodated in
        the cabin.

    b.  No. Carriers are not required to stow more than one wheelchair
        in the cabin.

    c.  Yes. Passengers with disabilities are always entitled to have
        their assistive devices stowed as close to them as possible in
        the cabin.

> ANSWER:

20. A passenger who uses a personal wheelchair arrives at the gate and
    appears to be intoxicated. When you, the gate agent, ask him if he
    has been consuming alcohol, he concedes that he has spent the better
    part of his two-hour layover at the airport bar, and that he has
    consumed several large beers. Are you able to apply the terms of
    your carrier's non-discriminatory contract of carriage to this
    passenger with a disability and exclude him from the flight for
    safety reasons based on his intoxicated condition?

    a.  No. You cannot exclude this person with a disability from the
        flight because it would violate his civil rights.

    b.  Yes. Your carrier's contract of carriage applies to *all*
        passengers, including a passenger with a disability. Denying
        boarding to a passenger with a disability for legitimate safety
        reasons is not a violation of that passenger's civil rights.

    c.  It depends. You must contact a CRO before you exclude this
        passenger using a wheelchair from the flight.

> ANSWER:

[^1]: The TAM, including all appendices, was published as a final
    document on July 19, 2005 (70 FR 41482). Another version of the
    final TAM and appendices, as well as an Alphabetical Index and a
    Part 382 Index is available at http://airconsumer.ost.dot.gov/.

[^2]: Here, an individual carrier's policy regarding seating assignments
    would dictate which section would be included in the training. For
    example, if a carrier uses the "priority" advance seat assignment
    system, only the section on "priority" seating would be included.
    DOT's Aviation Enforcement Office has included discussions on both
    advance seat assignment systems: the "block" method and the
    "priority" method. The Aviation Enforcement Office has also included
    the options if a carrier does not employ an advance seat assignment
    system: pre-boarding or the development of a DOT-approved seat
    assignment system. The Aviation Enforcement Office understands that
    carriers would "pick and choose" among the different sections and
    only include the relevant one.