December 16, 2024

Aviation Safety Subcommittee Chair Duckworth Responds to New DOT Rule Enhancing Protections for Airline Passengers with Disabilities

 

[WASHINGTON, D.C.] – Today, U.S. Senator Tammy Duckworth (D-IL)—a member of the U.S. Senate Committee on Commerce, Science and Transportation (CST) and Chair of the CST Subcommittee on Aviation Safety, Operations and Innovation—issued the following statement in reaction to the Department of Transportation’s finalization of a rule that will expand the rights of passengers with disabilities. This rule mandated that airlines meet more stringent standards for accommodating Americans who use mobility devices, requiring more comprehensive training for relevant airline staff and demanding proper accountability for airlines when something goes wrong.

“I know from personal experience that when an airline damages or breaks a wheelchair, it’s much more than a simple inconvenience—it’s the equivalent of breaking someone’s legs,” said Duckworth. “Decades after both the Americans with Disabilities Act and the Air Carrier Access Act became law, it is long past time that those of us who roll down jet bridges will be treated with the same amount of dignity as those who walk down them. This rule, which builds on and helps implement my accessibility provision from this year’s FAA Reauthorization, is critically important to ensuring that every passenger with a disability is treated with the respect and care they deserve. While we still have a long way to go in our work to make air travel truly accessible for all, this newly finalized rule got us closer to that better, fairer future, and I am so grateful to Secretary Buttigieg for his advocacy and leadership in helping make this a reality.”

In 2018, Duckworth authored a first-of-its kind law requiring air carriers to disclose the number of mobility devices they damage, break or lose monthly. Since the DOT began implementing the Duckworth law, it found that American Airlines mishandled thousands of wheelchairs and treated passengers with disabilities in an unsafe or undignified manner. These findings prompted the department to issue the airline a $50 million penalty—the largest DOT fine against an airline for violating disability regulations in history.

According to the DOT, more than 25 million Americans—over 14 percent of whom use wheelchairs—report they have disabilities that limit their travel. Yet, thousands of wheelchairs and other mobility aids continue to be mishandled, damaged or lost each year. A fierce advocate for travelers with disabilities, Duckworth secured several provisions in the bipartisan 2024 FAA Reauthorization law to make travel easier and more accessible for people with disabilities, including:

  • A New Airport Accessibility Grant Program: New grant program to help airports make their facilities more accessible.
  • The Mobility Aids On Board Improve Lives and Empower All (MOBILE) Act: Based on the bipartisan, bicameral bill that Senator Duckworth introduced with Senator John Thune (R-SD), this provision requires domestic and foreign air carriers to publish information related to powered wheelchairs including the dimensions of aircraft cargo holds, issue refunds if a passenger cannot fly due to the wheelchair no longer fitting in the cargo hold (e.g., if there was a change in aircraft type) and evaluate the frequency and types of mishandling of mobility aids as well as take actions toward making in-flight wheelchair seating available.
  • The Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023: Based on the bipartisan bill Senator Duckworth introduced with Senator Deb Fischer (R-NE), this provision requires DOT to publish an annual report on how quickly, effectively and efficiently consumer complaints related to traveling with a disability are received, addressed and resolved by DOT.
  • The Access and Dignity for All People who Travel (ADAPT) Act: This provision requires the Secretary of Transportation to issue regulations regarding seating accommodations for passengers with disabilities and to establish an optional Known Service Animal Travel Pilot Program, providing service animal users the opportunity to participate in a streamlined pre-registration process
  • The Equal Accessibility to Passenger Portals (Equal APP) Act: This provision requires the Secretary of Transportation to issue regulations to ensure that customer-facing websites, applications and kiosks of an air carrier, foreign air carrier or airport are accessible. It requires the Air Carrier Access Act Advisory Committee to periodically study web accessibility in this context and requires the Secretary to update regulations as necessary. This language reflects a merging of Senator Duckworth’s Equal APP Act and provisions in Senator Baldwin’s Air Carrier Access Amendment Act (which Senator Duckworth cosponsors).
  • The Store On-board Wheelchairs in Cabin (STOWIC) Act: This provision requires airlines to provide information on the airline website regarding the rights and responsibilities of both airlines and passengers about the availability of on-board wheelchairs. Under other provisions on personnel training standards regarding assistance of passengers with disabilities, staff would be required to demonstrate every 18 months a knowledge of on-board wheelchairs and accessible lavatories.

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