Bill of Rights for Airline Passengers With Disabilities

Air travel is relatively safe and convenient. However, it does have some hurdles, such as traveling to and from the airport, checking in, going through security, boarding, and deplaning. These may seem like minor obstacles to clear. However, if you have a disability, such as blindness or mobility issues, then these obstacles become more consequential.

Every day, people with disabilities must navigate airports, airplanes, and related forms of conveyance. To ensure they receive fair and equal treatment when traveling by air, Congress passed the Air Carrier Access Act (ACAA) in 1986.

Air Carrier Access Act (ACAA)

The ACAA prohibits discrimination against passengers with disabilities during air travel. The law requires airlines to ensure that persons with disabilities have equal access to air travel services. In July 2022, the Department of Transportation (DOT) created the Airline Passengers with Disabilities Bill of Rights to be a guide for air travelers with disabilities.

Airline Passengers With Disabilities Bill of Rights

The Bill of Rights describes the fundamental rights of airline passengers with disabilities under the ACAA. The Bill of Rights is a summary of the underlying law and applies to all flights of U.S. airlines, as well as to flights to or from the United States by foreign airlines. For the actual regulatory text, refer to the Code of Federal Regulations.

The Bill of Rights consists of:

1. The right to be treated with dignity and respect.

An airline, its employees, and contractors may not discriminate against an individual because of their disability.

2. The right to receive information about services and aircraft capabilities and limitations.

Upon request, airlines must provide their passengers with disabilities information about the services and facilities available to them.

3. The right to receive information in an accessible format.

In general, airlines’ primary websites must be accessible to all travelers.

Airlines must also provide a sufficient number of accessible kiosks in airports where they operate. Airlines must provide uniform trip information to all passengers, including those who require visual or hearing assistance. Airline personnel must be trained to recognize and fulfill requests for communication accommodation.

4. The right to accessible airport facilities.

Both airlines and airport operators are responsible for the accessibility of airport facilities. This includes between the gate and the aircraft. In cooperation with airport operators, airlines must also provide relief areas for service animals.

5. The right to assistance at airports.

Airlines must provide prompt and timely assistance for passengers with disabilities while boarding and deplaning. Assistance must be provided upon request and by properly trained airline personnel.

6. The right to assistance on the aircraft.

People with disabilities who make it known at the gate that they need extra time or assistance to board; to stow accessibility equipment, such as mobility aids; or to be seated have the right to board the plane before other passengers.

7. The right to travel with an assistive device or service animal.

Airlines must allow passengers with disabilities to bring assistive devices into the cabin as carry-ons, free of charge, as long as safety rules allow.

A service dog is permitted to accompany a passenger with a disability into an aircraft cabin, unless:

• the dog poses a direct threat to the health or safety of others

• causes a significant disruption or misbehaves in the cabin or in an airport gate area,

• current DOT forms weren’t provided as required for the trip, or

• the dog’s transport would violate a U.S. or foreign law.

8. The right to receive seating accommodations.

Individuals with disabilities have the right to use seats on planes that accommodate their needs as long as those seats are in the same seating class as the class in which they bought a seat. Some examples of seating accommodations include greater leg room, bulkhead seating, moveable aisle armrests, and an adjoining seat for a companion who provides assistance related to the specified disability.

9. The right to accessible aircraft features.

New aircraft delivered to U.S. airlines after April 1992 and to foreign airlines after May 2010 are required to have features for passengers with disabilities that include:

• movable aisle armrests on at least half of the aisle seats, if the aircraft has 30 or more seats;
• priority stowage space for wheelchairs in the cabin for aircraft with 100 or more seats; and
• at least one lavatory that is accessible to people with disabilities, if the aircraft has more than one aisle.

10. The right to resolution of a disability-related issue.

Airlines must have a Complaint Resolution Official (CRO) available in person or by phone who can address and resolve disability-related issues on the spot. For complaints that are filed within 45 days of an occurrence of a disability-related issue, airlines must respond and directly address the complaint in writing within 30 days.

Enforcing the Bill of Rights

The DOT is responsible for overseeing the enforcement of the Airline Passengers with Disabilities Bill of Rights. Airlines that fail to comply with the ACAA or the Bill of Rights face penalties, including fines or other legal consequences.

For passengers with disabilities who experience an issue with an airline and are unable to get it resolved through the airline’s CRO, they can call the DOT’s Disability Hotline at 1-800-778-4838. Learn more about how to report airlines for ACAA violations.

You can also contact an experienced special needs planning attorney near you. They can discuss your specific situation and potential options with you.

For additional reading on traveling with disabilities, check out the following articles:

• SSA Liberalizes Rules on When Special Needs Trusts Can Reimburse Family Members for Travel
• Resources for Travelers with Special Needs Are Only a Click Away
• Uber Ordered to Pay Blind Woman $1.1 Million for Its Drivers' Discriminatory Practices
• Amtrak to Make Stations More Accessible for Disabled People