Access to Transportation by People with Disabilities 

Illustrations of implementation from the United States 

National Council on Disability 

1331 F Street, NW, Suite 850 

Washington, DC 20004 

202-272-2004 Voice 

202-272-2074 TTY 

202-272-2022 Fax 

Lex Frieden, Chairperson 

Publication date: August 2, 2005 

Foreword 

The National Council on Disability (NCD) is an independent Federal agency with 15 

members appointed by the President of the United States and confirmed by the U.S. Senate. The 

overall purpose of NCD is to promote policies, programs, practices, and procedures that 

guarantee equal opportunity for all individuals with disabilities regardless of the nature or 

significance of the disability and to empower individuals with disabilities to achieve economic 

self-sufficiency, independent living, and inclusion and integration into all aspects of society. This 

topic paper is part of a series of topic papers designed to provide brief background information 

on United States disability policy for use by the delegates in their deliberations on the United 

Nations Ad Hoc Committee on a Comprehensive and Integral International Convention on 

Protection and Promotion of the Rights and Dignity of Persons with Disabilities. 

I. Introduction 

The ability to access transportation is a precondition to the full enjoyment of many 

human rights by people with disabilities. Inadequate transportation to places of work, education, 

healthcare, recreation, polling stations and countless other venues constitutes a significant barrier 
to the enjoyment of human rights by people with disabilities, and consequently their full 

participation and inclusion in our communities and societies. This fact is recognized in Draft 

Article 19 (Accessibility) of a proposed UN convention/treaty,1

 which would require States to 

take appropriate measures to ensure that transportation is accessible to people with disabilities. 

As governments and other actors undertake the drafting and implementation of this new 

human rights convention, it may be helpful to consider the experience of other countries in 

ensuring access to transportation by people with disabilities. This paper seeks to provide 

illustrations from the experience of the United States, and provides examples of legislative and 

other initiatives that have been undertaken to increase the accessibility of transportation. It is not 

the intent to argue that the approach adopted in the United States are the best or only way of 

ensuring access for people with disabilities, but instead to provide this information as a resource 

to those engaged in ultimately implementing the new convention. Although it is beyond the 

scope of this paper to provide an in-depth assessment of the impact of the legislation, programs, 

policies, and practices described here, documents providing such assessments are available and 

referenced in the footnotes for those interested in learning more. 

Specifically, the paper seeks to: 

• provide an overview of human rights concepts related to transportation and their 

relevance for supporting the enjoyment of human rights by people with disabilities; 

• provide an overview of barriers which can impede access to transportation by people 

with disabilities; 

• provide examples of legislation, programs, policies and practices that promote access to 

transportation by people with disabilities; and 

• provide some recommendations for the convention context 

2 
II. Access to transportation by people with disabilities 

a) What concepts in international human rights instruments are relevant to this 

issue? 

International human rights law does not recognize a ‘right to transportation’ per se. 

Rather, it guarantees the right to liberty of movement, which is elaborated in Article 12 of the 

International Covenant on Civil and Political Rights (ICCPR).2 Specifically, Article 12 states: 

1) Everyone lawfully within the territory of a State shall, within that territory, 

have the right to liberty of movement and freedom to choose his residence, 

2) Everyone shall be free to leave any country, including his own, 

3) The above-mentioned rights shall not be subject to any restrictions except those 

which are provided by law, are necessary to protect national security, public order 

(ordre public), public health or morals or the rights and freedoms of others, and 

are consistent with the other rights recognized in the present Covenant, 

4) No one shall be arbitrarily deprived of the right to enter his own country. 

The Human Rights Committee, which is mandated to interpret the implementation of the 

ICCPR by States Parties, has noted, “Liberty of movement is an indispensable condition for the 

free development of a person.”3

 As long as a person is lawfully within a State, the State must not 

place restrictions on their liberty of movement, save those permitted under specific 

circumstances as outlined in Article 12(3).4

 Thus, the duty of the State is to ensure the removal 

of barriers and other restrictions that impermissibly interfere with the individual’s liberty or 

freedom of movement. Moreover, the enjoyment of the right should not be dependent upon the 

individual providing any particular reason for wanting to leave or stay in a place,5

 or be 

dependent upon the decision of a third party, such as a relative.6 

Transportation constitutes an important means of exercising the right to freedom of 

movement, and as noted by the Committee on Economic, Social and Cultural Rights, adequate 

“transportation is crucial to the realization by persons with disabilities of virtually all the rights 

3
recognized in the Covenant.”7

 Failure to provide accessible transportation that truly facilitates 

freedom of movement for people with disabilities not only inhibits their ability to fully enjoy 

human rights, it seriously undermines the very dignity and autonomy of people with disabilities.8 

b) What barriers can inhibit the enjoyment of this right by people with disabilities? 

If lack of transportation can constitute a barrier to the enjoyment of other rights, what can 

operate as barriers to the provision of adequate transportation for people with disabilities? 

Barriers may include9

: 

• Physical barriers – such as vehicle thresholds that do not permit entry by people 

with disabilities, sidewalks and streets that do not permit access to vehicles or 

independent mobility by people with disabilities, transport facilities (such as train 

and bus stations) that do not permit access by people with disabilities or that limit 

full access to services (including, e.g. restrooms, lounges) by people with 

disabilities; 

• Informational barriers – such as signage or announcements that cannot be easily 

understood by those with sensory or developmental disabilities, insufficient 

information regarding the nature and availability of transportation services; 

• Legal barriers – such as legislative prohibitions against people with disabilities 

operating or using certain kinds of transport, or laws that prohibit people with 

disabilities from obtaining and using legal papers (such as passports or other 

forms of identification) that may be needed to facilitate travel; 

• Attitudinal barriers – such as the beliefs of transport operators and employees that 

people with disabilities do not or should not wish to utilize their services, or that it 

4
is sufficient to provide services for people with disabilities that are not of the 

same quality and functionality as services for the rest of the public. 

III. Illustrations of implementation of accessible transportation in the United States 

On February 1, 2001, President Bush announced the “New Freedom Initiative,” which is 

a comprehensive national plan to remove barriers to community living for people with 

disabilities.10 Because of the key role that transportation plays in linking Americans with 

disabilities to jobs, education, healthcare services and many other aspects of community living, 

expanding transportation options for people with disabilities is a core component of the New 

Freedom Initiative.11 Below is an examination of the core legislative frameworks that exist to 

promote accessible transportation for people with disabilities in the United States, as well as 

several examples of inter-agency collaborations designed to increase effectiveness of 

transportation initiatives, and also address specific issues, such as the needs of rural populations. 

a. Americans with Disabilities Act of 1990 (ADA) 

In recognition of the importance of transportation in the lives of people with 

disabilities, Congress included in Title II of the Americans with Disabilities Act a part dealing 

exclusively with the prevention of discrimination against people with disabilities in their access 

to public transportation.12 With the exception of air carriers (who must comply instead with the 

Air Carrier Access Act of 1986, addressed below), Title II requires public entities to ensure that 

“no individual shall be excluded from participation in or be denied the benefits of the services, 

programs, or activities of a public entity, or be subjected to discrimination” by public entities 

providing transportation services, on the basis of disability.13 The subparts of Title II then 

address entities providing different forms of transport, with Subpart i addressing fixed route 

systems (such as buses and certain types of rail that run on fixed schedules), paratransit, and 

5
demand response systems (such as taxis, that do not run on fixed schedules), and Subpart ii 

addressing intercity and commuter rail. Public entities providing these services include 

requirements that: transit systems purchase and lease vehicles “readily accessible to and usable 

by individuals with disabilities, including individuals who use wheelchairs;”14 that paratransit be 

provided as a complement to fixed route systems15 and that people with disabilities using such 

mode of transit be allowed to be accompanied by one other person;16 that entities alter existing 

facilities to make them accessible to people with disabilities17 and ensure the accessibility of new 

facilities;18 and that at least one car per intercity rail transportation be accessible to people with 

disabilities.19 Regulations on each subpart of Title II of the ADA have been issued by both the 

Department of Justice20 (DOJ) (relating to Subtitle A of Title II) and the Department of 

Transportation21 (relating to Subtitle B of Title II) which share responsibility for enforcement. 

Title III of the ADA (Public Accommodations and Services Operated by Private 

Entities) also has application in the context of transportation, as it contains provisions explicitly 

prohibiting discrimination on the basis of disability by private entities “primarily engaged in the 

business of transporting people.”22 Essentially, failure to provide services and equipment 

accessible to people with disabilities constitutes discrimination, 23 and relevant private entities 

are obliged to purchase or lease equipment accessible to people with disabilities, and to 

remanufacture vehicles (to extend their usable life by 10 years or more) in a manner that makes 

the vehicles readily accessible to people with disabilities.24 The Department of Transportation 

has promulgated regulations giving specificity to the provisions of Title III.25 The Department of 

Justice has also promulgated regulations,26 and has also published a technical assistance manual 

providing advice to entities seeking to comply with Title III.27 

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As noted already, the Department of Transportation and Department of Justice have 

authority for promulgating regulations and enforcing various aspects of the ADA’s provisions 

related to transportation. In addition, private individuals may initiate lawsuits and may also 

approach relevant agencies to investigate alleged violations of the ADA. For example, a number 

of individuals approached DOJ to ask them to investigate possible violations of Title III by 

Greyhound Lines, Inc., alleging that Greyhound had failed to remove barriers to people with 

disabilities at some of its facilities, and that Greyhound staff had failed on certain occasions to 

provide appropriate assistance to people with disabilities. To avoid litigation, expedite payment 

of compensatory damages to the individuals affected by the alleged violations, and effect the 

removal of barriers and changes in service to comply with Title III, Greyhound entered into a 

settlement agreement with DOJ.28 As a result of this agreement, Greyhound undertook actions 

such as improvements to its internal dispute resolution procedures, training of its employees 

regarding ADA requirements, and creation of an advisory committee on disability issues that 

included representatives of organizations advocating for the rights of people with disabilities or 

specializing in travel for people with disabilities.29 

b. Air Carrier Access Act of 1986 (ACAA) 

As noted above, Title II (B)(I) of the ADA expressly exempts coverage of aircraft, 

which are instead addressed by the Air Carrier Access Act (ACAA).30 The stated purpose of the 

ACAA is to prevent discrimination against people with disabilities by air carriers in the provision 

of air transportation,31 and it achieves this by elaborating a “general prohibition of 

discrimination,”32 and also by placing specific requirements on relevant air transport facilities 

and services in order to ensure their accessibility to people with disabilities. It should be noted 

that while foreign air carriers need not comply with the specific accessibility provisions of the 

7
ACAA, following amendments in 2000, they are compelled to comply with the general 

prohibition against discrimination.33 Similarly, contracts that carriers have with contractors must 

include a clause guaranteeing that the contractor will not discriminate on the basis of disability in 

the course of performing activities on behalf of the carrier.34 

Issues of accessibility relevant to both aircraft and air transportation facilities are 

addressed with great specificity in the ACAA, thus decreasing ambiguity for those seeking to 

comply with the Act. For example, on aircraft (of specified size and age) there are requirements 

addressing the provision of folding aisle armrests, in-cabin stowage for folding wheelchairs, 

accessible lavatories, and wheelchairs for on-board use.35 In addition, there are provisions 

specifying that activities to refurbish air cabins should not decrease accessibility below the level 

specified.36 Airports must be accessible to people with disabilities (including wheelchair users), 

and carriers are deemed in compliance if they comply with Department of Justice Regulations 

implementing Title III of the Americans with Disabilities Act.37 

Even greater detail is provided regarding services, such as those related to seat 

assignments, boarding assistance, stowage of personal equipment, passenger information, 

treatment of mobility aids and assistive devices, accommodations for people with hearing 

impairments, and advance notice requirements.38 The ACAA does not permit carriers to refuse 

carriage on the basis of a person’s disability,39 or “solely because the person’s 

disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience 

crewmembers or other passengers.”40 Furthermore, the carrier may not restrict the number of 

people with disabilities on any given flight.41 Essentially, as long as carriage of a given 

individual does not violate Federal Aviation Administration regulations,42 the carrier may not 

refuse transport for a given traveler with disabilities, nor may the carrier require that the 

8
individual travel with an attendant.43 Furthermore, the carrier may not charge travelers with 

disabilities for the use of equipment or services required by the regulations.44 The application of 

these provisions is bolstered by the requirement that carriers train their personnel in how to 

comply with the regulations, and also provide awareness-raising training on how to appropriately 

address disability-related issues.45 

The Department of Transportation (DOT) is mandated to enforce the ACAA, and 

requires carriers to implement a complaint resolution mechanism and report regularly to DOT 

regarding complaints filed against the carrier.46 DOT is also authorized to take enforcement 

actions against air carriers alleged to be in violation of the ACAA and related regulations, and in 

January 2004 DOT began issuing a biannual report of steps it has taken to enforce the ACAA.47 

DOT also provides information to consumers on how to file complaints,48 and information on 

complaint histories of airline carriers.49 

c. Inter-Agency collaborations 

Legislation and regulations addressing access to transportation by people with 

disabilities have been further enhanced by several formal and informal inter-agency collaborative 

initiatives. 

1) United We Ride – Coordinating Human Service Transportation 

In February 2004, President Bush issued an Executive Order addressing “Human 

Service Transportation Coordination.”50 Acknowledging the critical role of transportation in 

society and the wide variety of transportation programs in existence,51 President Bush included 

in the Executive Order the recognition that there is a need to improve the coordination of 

transportation resources to make them easier for the public to understand and access, and to 

improve the cost-effectiveness of such resources.52 While the intention is to improve access to 

9
transportation for all members of the public, the Executive Order cites such improvements as 

“essential for persons with disabilities, persons with low incomes, and older adults who rely on 

such transportation to fully participate in their communities.”53 To achieve these ends the 

Executive Order establishes a “Federal Interagency Coordinating Council on Access and 

Mobility”54 to “promote interagency cooperation and ... minimize duplication and overlap of 

Federal programs and services.”55 The Interagency Council has in turn launched the “United We 

Ride” initiative, which provides a number of resources to promote governmental and nongovernmental collaboration in the provision of improved transportation. Resources include a 

“Framework for Action” self-assessment tool to assist states and communities in identifying 

transportation areas of success and areas in need of improvement, state coordination grants, as 

well as regional leadership meetings to bring federal and state actors together to conduct 

workshops.56 The “United We Ride” initiative also brings federal and state agencies together 

with non-governmental associations in a structured way to foster collaboration.57 The Executive 

Order requires the Interagency Council to report to the President by February 2005, to indicate 

where improvements have been made and what the Council recommends to further advance the 

goal of improving access to transportation.58 Thus, provisions have been made to monitor the 

implementation of the Council’s activities. 

2) Airport security screening and people with disabilities 

In recent years security screening in a number of public contexts has increased, with 

such screening being perhaps most evident in the nation’s airports. Unfortunately, when more 

stringent security screening programs were initially implemented a lack of clear guidelines and 

adequate training for security checkpoint staff created numerous barriers for people with 

disabilities wishing to fly.59 Through informal collaborations among the National Council on 

10
Disability, the Federal Aviation Administration, the Transport Security Administration (TSA) 

and the disability community, guidelines were developed and training programs were 

implemented to increase awareness of disability issues among security staff, and ensure the 

rights of travelers with disabilities during security screenings.60 In this manner, disability issues 

have been mainstreamed into TSA’s security operations at airports, so that neither security 

considerations nor the rights of travelers with disabilities and their traveling companions need be 

compromised. To further assist travelers with disabilities, TSA has reached out to the disability 

community through its website, notifying travelers with disabilities of their rights and necessary 

preparations to make prior to travel.61 

3) Transportation needs of people with disabilities in rural areas 

While there are many challenges facing Americans with disabilities living in rural 

areas, a 1998 Memorandum of Understanding between the Department of Agriculture (USDA) 

and the Department of Transportation (DOT) to address “long-term agricultural transportation, 

rural passenger and freight mobility challenges” has led to a number of initiatives improving 

access to transportation for people with disabilities in rural areas.62 For example, the USDA’s 

Rural Development Rural Housing Service operates a Community Facilities Program that offers 

direct and guaranteed loans and grants to encourage the development of community facilities 

serving rural populations. Community facilities qualifying for these funds include certain public 

transportation services, such as off-street parking, sidewalks, bus service and equipment, as well 

as other forms of transportation equipment.63 In this manner, rural communities can access 

affordable financing to enable them to undertake discrete projects that can have a profound 

impact on accessibility of rural transportation for people with disabilities. The USDOT Rural 

Transportation Initiative offers similar finance programs, such as the Rural Transportation 

11
Accessibility Incentive Program, to assist bus operators and others in financing the capital and 

training costs associated with making their services accessible.64 It should also be noted that one 

of the basic eligibility criteria for all USDOT programs is use of project planning activities that 

include people with disabilities, and other community organizations.65 In this way people with 

disabilities are not merely passive recipients of projects that benefit them, but active and 

respected participants in claiming their access to transportation. 

IV. Implementation check-list 

The provision of accessible transportation is a key component in any strategy to ensure 

full enjoyment of human rights by people with disabilities. In light of the examples provided 

above, those engaged in the drafting and implementation of a convention on the human rights of 

people with disabilities may find the following implementation check-list of assistance when 

addressing the provision of accessible transportation for people with disabilities: 

• Have programs/legislative initiatives to promote accessible transportation been developed 

through consultation with people with disabilities and their representative organizations? 

(As stakeholders, people with disabilities have a right to participate in the formulation of 

these initiatives, and are best placed to provide relevant expertise.) 

• Do relevant programs/legislative initiatives have sufficient impact across all population 

areas? (For example, do accessible transportation programs reach people with disabilities 

in both urban as well as rural areas?) 

• Do relevant programs/legislative initiatives address a variety of forms of transportation? 

(For example, accessible aircraft and trains will not be utilized if there is no accessible 

transportation, such as accessible taxis and buses, for people with disabilities to use to 

reach airports, train stations etc.) 

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• Is there sufficient coordination among relevant ministries, agencies, people with 

disabilities and other actors, to ensure that accessible transportation initiatives are 

developed in a systematic way that does not lead to unnecessary duplication or leave 

needs unaddressed? (Failure to coordinate may lead to resources not being used 

effectively or efficiently, and inadequate accessible transportation for people with 

disabilities.) 

• Do relevant programs/legislative initiatives build-in automatic reporting? (Automatic 

reporting provides opportunities to gather data and statistics to enable ready assessment 

of implementation and programmatic effectiveness, as well as the production of 

publications and other resources that can be used by actors seeking to comply with 

obligations.) 

• Are people with disabilities and their representative organizations actively engaged by 

the government and other actors in implementation assessments of relevant 

programs/legislative initiatives? (As noted above, people with disabilities are best placed 

to assess whether initiatives designed to ensure their effective access to transportation 

actually achieve this objective.) 

• Do relevant programs/legislative initiatives ensure both physical and information access 

by people with disabilities? (Failure to provide both kinds of accessibility will not result 

in meaningful access to transportation services by people with disabilities.) 

• Have sufficient information resources and training been provided to raise the awareness 

of relevant transportation officials and other actors of the rights of people with disabilities 

in relation to accessible transportation? (Absence of such trainings and resources can 

decrease the effectiveness of relevant programs and legislative initiatives and slow 

13
implementation. As noted above, people with disabilities should be participants in the 

development of such training and resources.) 

Acknowledgments 

The National Council on Disability wishes to express its appreciation to Janet E. Lord and 

Katherine N. Guernsey, Consultants, for drafting this topic paper. 

1

 For more information on the rationale for this new convention, see “A White Paper – Understanding the Role of an 

International Convention on the Human Rights of People with Disabilities: An analysis of the legal, social and 

practical implications for policy makers and disability and human rights advocates in the United States,” (National 

Council on Disability, May 23, 2002), available at: 

http://www.ncd.gov/newsroom/publications/2002/publications.htm. For information regarding the draft text and 

status of negotiations, please visit the UN Department of Economic and Social Affairs (DESA) Programme on 

Disability: http://www.un.org/esa/socdev/enable/index.html. 2

 For further discussion of this and other rights relevant to a convention on the human rights of people with 

disabilities, as well as sample provisions from existing human rights instruments, see “A Reference Tool – 

Understanding the Potential Content and Structure of an International Convention on the Human Rights of People 

with Disabilities: Sample treaty provisions drawn from existing international instruments,” (National Council on 

Disability, 2002), available at: http://www.ncd.gov/newsroom/publications/2002/publications.htm. 3

 Human Rights Committee, General Comment No. 27: Freedom of movement (Art. 12), 2/11/99. 

CCPR/C/21/Rev.1/Add.9, para 1. 

4 Id. para 4. 5 Id. para 5. 6 Id. para 6. This latter aspect of the right to freedom of movement is of particular relevance for people with 

disabilities, who are often placed in positions where their autonomy and decisions are not respected. As indicated by 

the Human Rights Committee, such attempts to subvert the independent decision-making of people with disabilities, 

to the extent that it interferes with the movement of people with disabilities, can constitute a violation of the right to 

freedom of movement. 

7

 Committee on Economic, Social and Cultural Rights, General Comment No. 5: Persons with Disabilities, 9/12/94. 

E/1995/22, para 23. The “Covenant” referred to in this quotation is the Covenant on Economic, Social and Cultural 

Rights. 

8

 Such issues are addressed in the Quinn Degener report (for the UN Office of the High Commissioner for Human 

Rights) in the context of the concept of “liberty.” Specifically, that report asserts that “it is important to characterize 

inaccessible transport, an inaccessible built environment and an inaccessible communications environment as factors 

that detract to such an extent from the value of liberty that they call into question its existence for people with 

disabilities.” Gerard Quinn and Theresia Degener et al, “Human Rights and Disability: The current use and future 

potential of United Nations human rights instruments in the context of disability,” (Office of the High Commissioner 

for Human Rights, 2002), p. 24. 

9

 For more examples of barriers and difficulties faced by travelers with disabilities, see “National Disability Policy: 

A Progress Report December 2000 – December 2001,” (National Council on Disability, 26 July, 2002), Chapter 10: 

Transportation, available at: http://www.ncd.gov/newsroom/publications/2002/progressreport_07-26-

02.htm#chap10. 10 Available at: http://www.whitehouse.gov/news/freedominitiative/freedominitiative.html. Such national policy 

papers related to realization of human rights and inclusive community living for people with disabilities are utilized 

in many countries, see e.g. “The New Zealand Disability Strategy,” (Ministry of Social Development, Government 

of New Zealand), available at: http://www.odi.govt.nz/publications/nzds/index.html. It is not uncommon for 

provinces within federations to also develop specific disability strategies, see e.g. “Alberta Disability Strategy 

Summary Document,” (Premier’s Council on the Status of Persons with Disabilities, Alberta Government, Canada), 

available at: http://www.cd.gov.ab.ca/helping_albertans/premiers_council/PDF_Files/ADS_SummaryF.pdf. 11 Id. at 18. 

14
12 Pub. L. No. 101-336, 42 U.S.C. Subchapter II Public Services. 

13 42 U.S.C. § 12132. 14 42 U.S.C. § 12142(a). 15 42 U.S.C. § 12143. 16 42 U.S.C. § 12143(c)(1)(B). 17 42 U.S.C. § 12147. 18 42 U.S.C. § 12146. 

19 42 U.S.C.§ 12162(a)(1).

20 28 CFR 35, available at: http://www.ada.gov/reg2.html. 21 49 CFR 37, available at: http://www.fta.dot.gov/14534_5606_ENG_HTML.htm. 22 42 U.S.C. § 12184(a). 23 As set forth in 42 U.S.C. § 12184(b)(1) and (2).

24 42 U.S.C. § 12184(b)(3)-(7). 25 The Regulations are available at: http://www.fta.dot.gov/library/legal/ada/FEDREG1001.HTM

 (It should be noted that these regulations also include coverage of Title II.). 

26 The Regulations are available at: http://www.ada.gov/reg3a.html. 27 The Technical Assistance Manual is available at: http://www.ada.gov/taman3.html. 28 Settlement Agreement Under the Americans with Disabilities Act between the United States of America and 

Greyhound Lines, Inc., September 24, 1999, available at: 

file:///C:/Consulting%20clients/NCD/Thematic%20papers%20project/Transportation/greyhound%20doj%20settlem 

ent%20agreement.htm. 29 Id. 30 49 U.S.C. § 41705, which is incorporated in the Department of Transportation rules “Nondiscrimination on the 

Basis of Disability in Air Travel,” available at 14 CFR 382, available online at: 

http://airconsumer.ost.dot.gov/rules/382short.pdf. 31 14 CFR § 382.1. For the purposes of the Act “air carriers” are defined as “any citizen of the United States who 

undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage in air transportation.” 

Id. §382.5. 32 The general prohibition against discrimination is found in 14 CFR § 382.7, and provides in relevant part that:

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

(1) Discriminate against any otherwise qualified individual with a disability, by reason of such 

disability, in the provision of air transportation; 

(2) Require a person with a disability to accept special services (including, but not limited to, 

preboarding) not requested by the passenger; 

(3) Exclude a qualified individual with a disability from or deny the person the benefit of any air 

transportation or related services that are available to other persons, even if there are separate or 

different services available for persons with a disability except when specifically permitted by 

another section of this part; or, 

(4) Take any action adverse to an individual because of the individual’s assertion, on his or her 

own behalf or through or on behalf of others, of rights protected by this part or the Air Carrier 

Access Act. 

It is also worth noting here that this general prohibition against discrimination includes a provision ((a)(2)) explicitly 

stating that people with disabilities need not be required to accept special services that they have not requested. Such

a provision is critical to respecting the autonomy and dignity of travelers with disabilities, and ensuring that those 

providing air transportation are responsive to the needs as identified by travelers with disabilities. 33 14 CFR §382.3 (c).

34 14 CFR §382.9. 

35 See 14 CFR §382.21 et seq. 36 14 CFR §382.21(e). 

37 14 CFR §382.23(b). Regulations relevant to ADA Title III, as promulgated by the Department of Justice are 

available at: http://www.ada.gov/reg3a.html. 38 See 14 CFR Part C “Requirements Concerning Services.” 

39 14 CFR §382.31(a). In general (unless the person is on a stretcher, uses oxygen, or in other limited

circumstances), carriers may not require people with disabilities to produce medical certificates as a condition of 

travel. 14 CFR §382.53(a). 

15
40 14 CFR §382.31(b). 

41 14 CFR §382.31(c). 

42 14 CFR §382.31(d). 

43 14 CFR 382.35. In Tallarico vs. Trans World Airlines, 881 F.2d 566 (1989), it was found that TWA had

improperly required a 14 year old girl with cerebral palsy to travel accompanied by her father, because her carriage 

did not violate any FAA regulations (indeed she had flown alone before), she was capable of moving about on her

own by crawling, was capable of complying with reasonable safety requests of airline personnel, and she was 

capable of communicating her needs with the aid of assistive devices. 881 F.2d 566, 569.

44 14 CFR §382.57. 

45 14 CFR §382.61. 

46 14 CFR §382.65 and §382.70. Further guidelines addressing this reporting system are provided online by DOT at:

http://airconsumer.ost.dot.gov/rules/200300708.pdf. 47 The first report, issued in January 2004 is available at: http://airconsumer.ost.dot.gov/legislation/acaa/200401-

implementing.pdf. Currently, individuals cannot institute a private right of action under the ACAA, and there is also 

no provision allowing DOT to order a violating party to make restitution to an individual who has suffered a 

physical or economic injury caused by discrimination on the basis of disability. The National Council on Disability 

has issued a position paper calling for this situation to be rectified: “Position Paper on Amending the Air Carrier 

Access Act to Allow for Private Right of Action,” (National Council on Disability, July 8, 2004), available at: 

http://www.ncd.gov/newsroom/publications/2004/aircarrier.htm. 48 The DOT provides a general complaints web resource, with links for consumers to follow depending upon the 

nature of their complaint: http://airconsumer.ost.dot.gov/problems.htm. 49 The regular publication of Air Travel Consumer Reports by the DOT provides information regarding types of

complaints issued against different airlines, and includes information on disability-related as well as other types of

reports. Reports are available at: http://airconsumer.ost.dot.gov/reports/index.htm. For an example of a specific 

report see November 2004, available at: http://airconsumer.ost.dot.gov/reports/2004/0411atcr.pdf. Nongovernmental organizations also provide resources to travelers related to air travel. For example, Flying With A 

Disability offers guides and travel tips related to air travel, and provides a forum for travelers to share their 

experiences: http://www.flying-with-disability.org/index.html. 50 “Executive Order: Human Service Transportation Coordination,” Executive Order #13330, February 24, 2004,

available at: http://www.whitehouse.gov/news/releases/2004/02/200402249.html. 51 Id. at § 1(b). 52 Id. at § 1(c). 53 Id. at § 1(f). 54 The current members of the Council are the heads of the following federal agencies: Department of 

Transportation, Department of Health and Human Services, Department of Labor, Department of Interior, 

Department of Veteran Affairs, Department of Justice, Department of Housing and Urban Development, Social

Security Administration, Department of Agriculture, and the National Council on Disability. 

55 “Executive Order: Human Services Transportation Coordination,” Executive Order #13330, February 24, 2004, 

§ 3 – 4.

56 For more information about the United We Ride program, please visit: 

http://www.fta.dot.gov/CCAM/www/index.html. 57 Non-governmental organizations associated with the initiative include: Easter Seals (which implements Project 

Action: http://www.projectaction.org), the Community Transportation Association (which implements the 

Community Transportation Assistance Project: http://www.ctaa.org/), and the American Public Works Association 

(which implements the National Rural Transit Assistance Program: http://www.apwa.net/). 58 “Executive Order: Human Service Transportation Coordination,” Executive Order #13330, February 24, 2004,

§ 5.

59 National Council on Disability, Letter to The Honorable J. M. Loy, Administrator, Transportation Security 

Administration, March 14, 2003, available at: http://www.ncd.gov/newsroom/correspondence/2003/loy_03-14-

03.htm. 60 Id. 61 The TSA has a webpage dedicated to advising people with disabilities (and other people with certain medical 

conditions) of their rights and the ways in which they can prepare themselves and their belongings for screening

processes. See http://www.tsa.gov/public/display?theme=156. Rights include the right to move to a private area if a 

personal search is required, the right to request a visual inspection of medication and related supplies in lieu of x-ray 

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screening, and the right to discretion on the part of the person conducting the screening. Id. “Tips for the Screening

Process.” (With regard to accessibility of this information, it should be noted that § 508 of the Rehabilitation Act 

requires the websites of federal agencies to be accessible to people with disabilities, whether they are federal 

employees or members of the public.) 

62 The Memorandum of Understanding is available at: http://ntl.bts.gov/ruraltransport/memorandum.pdf. 63 For more on the Rural Housing Community Facilities Program, see

http://www.rurdev.usda.gov/rhs/cf/non_profit_cf.htm#Community%20Facilities%20Direct%20Loan. 64 For more information please see, http://www.fhwa.dot.gov/tea21/factsheets/rtaccess.htm. 65 See “Transportation Toolbox for Rural Areas and Small Communities,” available at: 

http://ntl.bts.gov/ruraltransport/toolbox/index.cfm. 

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