DOT Increases Protections for Air Travelers with Disabilities

People with disabilities will have additional protections against discrimination when they travel by air, as the result of a new rule issued today by the U.S. Department of Transportation (DOT) that strengthens the existing regulation implementing the Air Carrier Access Act (ACAA) and extends it to foreign airlines.

The new rule will apply to foreign air carriers operating a flight that begins or ends in the United States. It applies to U.S. air carrier operations worldwide. Passengers flying to Europe, Asia, or other destinations on foreign air carriers now will have similar protections against discriminatory policies and be entitled to the same accommodations as passengers flying on U.S. carriers. DOT will also be better able to take enforcement action against a foreign carrier if it discriminates against an individual because of his or her disability on flights to or from the United States.

The new rule will also make it easier for passengers to use medical oxygen during flights by requiring airlines to allow the use in the passenger cabin of portable oxygen concentrators that meet applicable safety, security and hazardous materials requirements for safe use aboard aircraft and it will provide greater accommodations for passengers with hearing impairments. It will require airlines to include easy-to-read captions for the hearing-impaired in its safety and informational videos. Airlines also must promptly provide the same information to hearing- and vision-impaired passengers that it provides to other passengers in airport terminals or on the aircraft – such as information on boarding, flight delays, schedule changes, weather conditions at the flight’s destination, connecting gate assignments, checking and claiming of baggage, and emergencies. The rule does not specify how carriers should make this information available to passengers who are deaf or hard of hearing.

The new rule will be effective in one year to give carriers enough time to begin implementing its provisions. The text of the final rule is available on the Internet at www.regulations.gov, docket number DOT-OST-2004-19482.

Finally, DOT will seek further comment in a supplemental notice of proposed rulemaking (SNPRM) about whether airlines should be required to provide medical oxygen to passengers upon request. The SNPRM will also address subjects such as accessibility of airline web sites, automated ticketing kiosks, and in flight entertainment systems.

Passport Required for Land, Sea Travel into the U.S.

Effective June 1, 2009, travelers will be required to present a passport or other approved secure document denoting citizenship and identity for all land and sea travel into the United States. The final rule for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI), announced March 27, applies to previously exempt travelers, including citizens of the U.S., Canada and Bermuda. Read More

New Border Crossing Procedures Begin January 31, 2008

Beginning January 31, 2008, border crossers will be asked to present documents denoting citizenship and identity when entering the United States through land and sea ports of entry. This change primarily affects United States and Canadian citizens, who have previously been permitted entry by oral declaration alone, and marks the transition toward standard and consistent documents for all travelers entering the country. It is also the start of a more robust and concerted public education campaign, intended to inform travelers of document requirements which will be implemented next year.

Hotel Bed Tips

Accessible guest rooms in hotels and on cruise ships that comply with the letter of the law for accessible rooms often posse one problem – the height of the bed. Recently, the hotel industry has begun to provide extra padded mattresses that make the beds high off the floor. These are not accessible to wheelchair users who make lateral transfers from their wheelchair onto the bed. The recommended height to the top of the mattress is 18 – 20 inches above the floor.

Furniture risers can be found at
www.harrietcarter.com

If you enter a room with a bed too high, call the front desk and after explaining your issue request that maintenance come to your room and lower the bed to the appropriate height.

Sometimes the bed is too low for transfer and while the individual can get into bed independently, he/she may have difficulty getting out of the bed. If this is the case, have the hotel raise the bed. Or another problem often over looked is the need for a space under the bed to accommodate a lift for people who need them to transfer into and out of bed. There are products on the market that can assist with this. Hotels and cruise ships should have these in stock so they can accommodate individual needs.

Some travelers carry a set of these furniture risers which come in heights of 3 or 5 inches. United Spinal member, Stuart Jacobs, has found that “for approximately $20.00 per set of four furniture risers, I can travel with the comfort that when I get to the hotel or on the cruise I will be able to get in and out of bed independently”.

Here are some useful tips for making your air travel more enjoyable.

• Know the type of air craft you will be flying on so you can prepare for stowage of your mobility device either in the cabin or in the stowage compartment. Air lines may change the air craft for many different reasons so don’t be surprised if the air plane is a different model then you were initially told.
• Be prepared to explain to airline personnel how to assist you and how to handle your mobility device.
• Create a card that you can attach to your mobility device that explains how to disassemble and reassemble the device. For example, if the wheels can be removed have a card explaining how to do it. The only time an airline would need to disassemble a mobility device is in order for it to fit through the door of the stowage compartment and in the stowage area.
• If parts of the mobility device are easily removed, such as foot rests or joy sticks remove these parts before turning over the device to the airline to place in the stowage compartment. Traveling with a collapsible duffle bag to put such parts will make it easier to carry these pieces.
• If fragile parts of the mobility device can not be removed, such as a joy stick, consider having a piece of bubble wrap and tape to wrap around the part to protect it from being accidentally damaged.
• Know the weight of your mobility device so you can inform the airline so that they will know the personnel who should be assigned to lift the device if necessary.
• Take any seat cushions with you so they do not get separated from the wheelchair.
• If you believe that you are not being given the service that is required by the Air Carrier Access Act, ask to speak to a Complaint Resolution Official (CRO).

Guidance for group travelers with disabilities

The Air Carrier Access Act requires that airlines accept individuals with disabilities traveling as a group. The regulations implementing ACAA require if the group consists of 10 or more people, the group must give the airline 48 hours advanced notice and check in at the gate one hour before departure. In reality, the group leader or the travel agent booking the group trip will contact the airline at the time of booking in order to obtain any special group rates.

There are many things travel agents or group leaders need to know when booking a group trip of travelers with disabilities especially travels who use mobility devices such as scooters or wheelchairs. For instance, the individual making the trip arrangements should be in contact with the airlines group travel department and inform the airline of the mobility equipment that will be taken on the trip. The reason for this is depending on the size of the aircraft, the devices may need to be broken down so they all fit in the stowage compartment. Also, if the group is traveling to compete in a sporting event so they have additional devices, such as sleds for sled hockey or wheelchairs designed to play softball, perhaps all of the devices will not fit on one aircraft. If this occurs, the group may be asked to be split on two or more air craft so that the individual can travel with his/her equipment or the sporting devices may be taken on an aircraft separate from the aircraft that the group is flying on. Of course, the individual using a mobility device to ambulate on a daily basis can not be separated from that device, only from the additional devices.

Another helpful hint for groups traveling on aircrafts is to ask if the particular aircraft will be boarded and deplaned via a level entry boarding device such as a Jetway or a lift. Of course large groups travel together would much rather get into and out of the aircraft using a Jetway, however the use of a lift is allowed by the ACAA. Asking which method will be used is simply preparing the group on what to expect especially since the use of a lift is more time consuming then using a Jetway. Also, the method of deplaning can change without notice due to air traffic, weather, or other issues that arise so a group should always be prepared for either method of deplaning.

As to the stowage of the mobility devices, the group should be prepared to explain how to break the devices down so that the maximum number can fit within the stowage area. For example, removing the wheels from a manual wheelchair often allows more wheelchairs to fit into the same size stowage areas. It is a good idea to affix written directions to the wheelchair so that the individual at the destination can reassemble the wheelchair. Also, if any parts of the mobility device are easily removable, the individual should remove those pieces and carry them with them in the cabin. The airline will not count these pieces toward the allotted number of carry on items.

If you believe that an airline is discriminating against your group because it consists of members with disabilities, call the United States Department of Transportation’s Aviation Consumer Protection Division at 1-800-778-4839 or for a TTY 1-800-455-9880 between the hours of 7AM – 11 PM Eastern Standard Time.

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