Travel Expert Candy Harrington on Air Travel

Accessible travel expert and guest blogger Candy Harrington answers questions about accessible air travel and the recent revisions of the Air Carrier Access Act (ACAA).

1. Can you highlight the major changes in the Air Carrier Access Act?

Well the biggest change is that the ACAA now covers air travel on all flights to and from the US, even on non-US airlines. So, basically it extends the reach of the law.

The ACAA was also edited to require the "prompt" deplaning of disabled passengers; a term that the Department of Transportation (DOT) defines as "no later than as soon as the other passengers have deplaned." The last version of the law was a bit ambiguous on this point, and the amendment gives it more teeth.

The new ACAA also requires airlines to allow the on-board use of all FAA-approved portable oxygen concentrators, ventilators, respirators and CPAP machines. Additionally, it requires airlines to offer disabled passengers any web-only fares that appear on inaccessible websites, either by phone or another accessible reservation method.

Last buy not least, the new version is in an easier-to-read, user-friendly format.


2. You mentioned Portable Oxygen concentrators, but what about canister oxygen?  Are the airlines now required to accept it?

No. Passengers are not allowed to bring their own compressed oxygen on board. Furthermore, the airlines are not required to provide medical oxygen on a non-emergency basis; however if they choose to provide this service, they are allowed to set their own rules and prices for it.

The DOT received a lot of comments from people who use medical oxygen, most of who felt the airlines should be required to provide medical oxygen for free. The DOT is still studying that issue, but for the time being the rules about compressed oxygen remain unchanged. Basically you need to check with each individual airline to find out about their policies and prices.


3. I'm a wheelchair-user and I need bulkhead seating.  What does the law say about that, and how do I go about guaranteeing that I get it?

Under the ACAA, bulkhead seating is only guaranteed to people who travel with a service animal or to those folks who have a fused (immovable) leg. So, if you are a wheelchair-user, and you don't meet that criteria, under the law, the airlines are not required to give you a bulkhead seat. The only thing they are required to provide is a seat with a flip-up armrest.

On the plus side though, many airlines block a few bulkhead seats for other passengers who may have access needs. So call around and find out about each airline's policy regarding bulkhead seating; and then give your business to those airlines that will seat you in the bulkhead section.  


4. Is denied boarding for disabled passengers still a problem in other countries?

Unfortunately this continues to be a problem with many domestic airlines in Asia, Australia and Africa. In many cases, airline employees won't let wheelchair-users travel alone; and in some cases they have also denied boarding to passengers who cannot walk, even if they are accompanied by an attendant. And unfortunately many people don't find this out until they are ready to board. Over the past few years I've heard denied boarding complaints about Virgin Blue, South African Express, Air Asia, Tiger Airways, Air Sahara, Cebu Pacific and Aeroflot. It's something that I hope will change in the future, but for right now, it pays to be aware of potential problems when flying in these regions.


5. What can I do if I encounter problems when I'm traveling? What if the airlines just don't follow the rules? Is there some place that I can file a complaint?

If you encounter a problem while traveling -- one that just can't be solved by the front line staff -- then ask to speak to the Complaints Resolution Official (CRO). The CRO is a problem solver, and is specifically educated on traveler's rights and airline responsibilities under the ACAA. All US airlines are required to have a CRO on duty while the airport is open; while foreign carriers are required to have a CRO available at each airport serving flights that begin or end in the US.

If you want compensation from the airline for something that happened during the flight, then it's best to collect your documentation and file a written complaint with the airline after you return home. Watch your deadlines though, as airlines are not required to respond to complaints postmarked more than 45 days after the alleged ACAA violation. For complaints filed in a timely manner, the airline must respond in 30 days.

Last but not least, you can also file a complaint with the DOT. The DOT does not award monetary compensation to individuals, but it can fine the airlines for violating the ACAA. All DOT complaints must be filed with six months of the incident. You can download the complaint form on the DOT website at http://airconsumer.ost.dot.gov.


6. Can my wheelchair really be stored in the passenger compartment of the aircraft? How do I arrange this?

US aircraft with more than 100 seats must have priority space to carry at least one manual folding wheelchair in the cabin. The updated ACAA lists the dimensions of this space as being 13 inches by 36 inches by 42 inches. So measure you wheelchair when it's folded, just to make sure it will fit.

Since the airlines are only required to have one wheelchair storage space, it pays to be first in line. Tell the gate agent that you need to stow your wheelchair in the passenger compartment, then be first on the plane when pre-boarding is announced.

For foreign carriers arriving or departing the US, this rule applies to all aircraft ordered after May 13, 2009 or placed into service after May 13, 2010.


7. With all the revisions of the laws and the advances of technology, why haven't the powers that be ever thought about a way to install some removable seats and tie-downs, so passengers can just stay in their own wheelchairs for the flight? Do you ever see this happening?

In a word, no. It's not quite as simple as it seems. While wheelchair-tie-downs on buses are just fine, most buses don't go in excess of 200 mph. In short, it would create a very dangerous situation in the air, one that could easily turn a wheelchair into a projectile object.

But I'm not the only one who takes this stand; I'm just repeating what the DOT has said many times. In fact, in the most recent amendment to the ACAA, the DOT commented that this was not even under consideration because it "would be inconsistent with FAA safety rules concerning passenger seats on aircraft, since aircraft seats must be certified to withstand specified g-forces."


8. When are they going to make airline bathrooms actually big enough for wheelchair-users to use. My PCA has to help me, and even in the largest models it's a pretty tight squeeze.

I agree that most on-board lavatories are not large enough for two people, but there is good news in the future. The new Boeing Dreamliner (787) promises to have some very accessible facilities, including a 56-inch by 57-inch convertible lavatory with a movable center wall; so that two separate lavatories can be converted to one large, wheelchair-accessible facility. Other access improvements include an additional toilet flush button on the sink cabinet and a fold-down assist bar to aid independent transfers.

This particular aircraft is going to be popular on long-haul flights (where you need a lavatory the most); and in the end it will make air travel accessible to more people. So far, 57 airlines have ordered 886 planes.  


9. Do you have any good resources for the Air Carrier Access Act -- something that I can refer to when I'm getting ready to travel?

Well, although there are many interpretations of the law, the best place to go is to the law itself. A copy of the most recent ACAA (May 13, 2009) is available at http://airconsumer.ost.dot.gov/rules/Part%20382-2008.pdf.

And if you want a real person to answer your questions, the DOT operates a toll-free aviation consumer disability hotline at (866) 266-1368.

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Candy Harrington is the editor of Emerging Horizons (www.emerginghorizons.com) and the author of several best-selling guide books for disabled travelers, including her newest release, the third edition of Barrier Free Travel; A Nuts and Bolts Guide for Wheelers and Slow Walkers (www.BarrierFreeTravel.net). She also blogs regularly about accessible travel issues at www.BarrierFreeTravels.com.