Quick Facts

• Your carrier may require you to provide up to 48 hours’ advance notice and check in 1 hour earlier than normal if you need to use and/or connect a respirator or similar device to the plane’s power supply
• You may need to provide up to 48 hours’ advance notice (72 hours for international flights) and check in 1 hour earlier if you want to use medical oxygen during the flight that is supplied by the carrier.
• Many devices require manufacturing labels to prove they are FAA compliant.
• Your carrier may require you to bring enough fully charged batteries to power your device for at least 150% of the expected flight time.
• Your carrier may not require you to sign a waiver of liability for loss or damage of your assistive device, or as a requirement to receive in-flight services such as medical oxygen.
• If you have a disability, you may ask at the gate to preboard the plane in order to have more time to stow your equipment or be seated.
• Your assistive device will not count toward your carrier’s carry-on policy, so even if your carrier does not allow carry-on items, you may still bring your device.
• If your device is lost or damaged during the flight, you could recover an amount up to its original purchase price.

Introduction

            According to the Air Carrier Access Act, carriers may not discriminate against individuals with a disability.¹ In order to carry out this Act, the U.S. Department of Transportation (DOT) published part 382 in the Code of Federal Regulations (C.F.R.).² These rules outline many of the rights airline passengers with disabilities have and how carriers must accommodate these rights. All U.S. carriers must comply with these rules, and foreign carriers must comply for flights to/from the U.S.³ We have read through these rules, and this article will lay out what rights you have if you are someone who needs to travel with an assistive device.

For the purposes of this article, an assistive device does not refer to mobility aids, such as wheelchairs. For information on those, please refer to Traveling with a Mobility Impairment.

Before Your Flight

            According to the C.F.R., you are not required to provide advance notice that you will be on a flight.⁴ However, a carrier may require you to provide up to 48 hours’ advance notice and check in 1 hour earlier than normal if you need to use and/or connect a respirator or similar device to the plane’s power supply, need your carrier to provide packaging for your assistive device (if the carrier requires packaging), or need to travel with an incubator. You may also need to provide up to 48 hours’ advance notice (72 hours for international flights) and check in 1 hour earlier if you want to use medical oxygen during the flight that is supplied by the carrier. ⁵

You should contact your carrier before your flight to ask for any other requirements or restrictions such as labels, size, and weight. Many devices require manufacturing labels to prove they are FAA compliant. Additionally, your carrier may require you to bring enough fully charged batteries to power your device for at least 150% of the expected flight time. If you tell your carrier in advance that you will be using an assistive device in-flight, then your carrier must inform you of the expected flight time within 48 hours of your booking, “or 24 hours before departure, whichever is earlier. If you do not comply with the carrier’s requirements, then you may be denied boarding.⁶ For a full list of POC machines that do not need a label, please refer to § 382.133(c)-(d) on pages 446-447 in the C.F.R.⁷

It is also important to note that a carrier may not require you to sign a waiver of liability for loss or damage of your assistive device, or as a requirement to receive in-flight services such as medical oxygen.⁸

 At the Airport

            At the airport, you and your assistive device will be subject to the same TSA screening as everyone else.⁹ However, your carrier may also conduct an additional screening if your device sets off the security system, or if it believes that your device may conceal a prohibited item.¹⁰

Boarding and Deplaning

            If you have a disability, you may ask at the gate to preboard the plane in order to have more time to stow your equipment or be seated.¹¹ If you do preboard, your assistive device may be stowed with priority over other passengers’ items, except for wheelchairs.¹² If you do not preboard, then the space in the priority storage area will be filled on a first-come, first-served basis.¹³ If the space is filled in the priority storage area, then your device may be stowed with priority over other baggage in the overhead baggage compartment.¹⁴

On the Plane

            If your assistive device can be stowed in a designated area, then your carrier must allow you to bring it in the cabin.¹⁵ Your assistive device will not count toward your carrier’s carry-on policy, so even if your carrier does not allow carry-on items, you may still bring your device.¹⁶ While on the plane, you may ask for help with stowing and retrieving your assistive device.¹⁷ If your assistive device needs to be disassembled and reassembled in order to be stowed in the cabin, then you may provide written instructions which the carrier must follow if possible. If your device is disassembled by the carrier, then the carrier must ensure its reassembly and return.¹⁸ If your device is lost or damaged during the flight, you could recover an amount up to its original purchase price.¹⁹

If you are traveling on a plane designed to carry more the 19 passengers, then you may use the following assistive devices in the cabin as long as they are compliant with TSA, FAA, and PHMSA regulations: a personal oxygen concentrator, a ventilator, a respirator, or a CPAP machine.²⁰

More Resources

For additional information check out our articles on traveling with a service or emotional support animal, traveling with a hearing or vision impairment, and traveling with a mobility impairment. 

References

¹ 49 U.S.C. § 41705(a) (2003).
² 14 C.F.R. §382.1 (2018).
³ 14 C.F.R. § 382.7(a)-(b) (2018).
⁴ 14 C.F.R. § 382.25 (2018).
⁵ 14 C.F.R. § 382.27(b) (2018); 14 C.F.R. § 382.27(c)(1), (2), (5) (2018).
⁶ 14 C.F.R. § 382.133(e)(1)-(3) (2018); 14 C.F.R. § 382.133(h)(1)-(3) (2018).
⁷ 14 C.F.R. § 382.133(c)-(d) (2018).
⁸ 14 C.F.R. § 382.35(a)-(b) (2018).
⁹ 14 C.F.R. § 382.55(a) (2018).
¹⁰ 14 C.F.R. § 382.55(b)(2)(i)-(ii) (2018).
¹¹ 14 C.F.R. § 382.93 (2018).
¹² 14 C.F.R. § 382.123(a)(2) (2018).
¹³ 14 C.F.R. § 382.123(a)(3) (2018).
¹⁴ 14 C.F.R. § 382.125(a)-(b) (2018).
¹⁵ 14 C.F.R. § 382.121(a)(3) (2018).
¹⁶ 14 C.F.R. § 382.121(b) (2018).
¹⁷ 14 C.F.R. § 382.111(e) (2018).
¹⁸ 14 C.F.R. § 382.129(a)-(b) (2018).
¹⁹ 14 C.F.R. § 382.131 (2018).
²⁰ 14 C.F.R. § 382.133(a)-(c) (2018).

Authors

Quick Facts

• Your carrier may require you to provide up to 48 hours’ advance notice and check in 1 hour earlier than normal to guarantee certain services.
• Your carrier must provide help with moving throughout the airport if you need it and request it due to your disability.
• You will still be subject to standard TSA screening requirements, even if you are escorted by a carrier.
• You may pre-board if you self-identify at the gate as having a disability which requires more time or help with boarding, stowing your mobility aid, or being seated.
• If you tell the carrier that you have a disability which requires a seating accommodation, then the carrier must make that accommodation if it is available on your specific plane.
• In order to guarantee you will be able to receive these accommodations, you must request them at least 24 hours before your flight’s departure time and check in at least one hour earlier than the general public.
• Carriers are required to permit manual wheelchairs and other mobility aids into the cabin, provided they can be stowed in a designated area.

Introduction

According to the Carrier Access Act, carriers may not discriminate against individuals with a disability.¹ In order to carry out this Act, the U.S. Department of Transportation (DOT) published part 382 in the Code of Federal Regulations (C.F.R.).² These rules outline many of the rights airline passengers with disabilities have and how carriers must accommodate these rights. All U.S. carriers must comply with these rules, and foreign carriers must comply for flights to/from the U.S.³ We have read through these rules, and this article will lay out what rights you have if you are someone with a vision and/or hearing impairment.

Before Your Trip

You are not required to provide advance notice that you will be on a flight.¹ However, a carrier may require you to provide up to 48 hours’ advance notice and check in 1 hour earlier than normal for the following services: traveling in a stretcher, transporting an electric wheelchair on a plane with less than 60 seats, traveling in a group of 10 or more disabled individuals, or using an on-board wheelchair on a plane (with more than 60 seats) without an accessible lavatory.² Additionally, a carrier may require you to check in 1 hour earlier than normal if you want to check a battery-powered wheelchair.³ If you do not provide advance notice or check in early for these services, the carrier must still make a reasonable effort to accommodate you without delaying the flight.⁴

At the Airport

            If you need help moving throughout the airport because of your disability, then you should request help from your carrier, as it is required to either provide or ensure help is provided.⁵ However, you will still be subject to standard TSA screening requirements, even if you are escorted by a carrier. Your carrier may also impose additional screening requirements. If the carrier reasonably believes that a prohibited item is hidden in your mobility aid (e.g., wheelchair, crutches), then it may examine it. But, if your mobility aid sets off the TSA security system, then the carrier may search you and the mobility aid. No other screenings may be performed on the basis of your disability alone.⁶

Boarding and Deplaning

            If you stow your wheelchair in the cabin of the plane, then you are entitled to pre-board the plane.⁷ You may also pre-board if you self-identify at the gate as having a disability which requires more time or help with boarding, stowing your mobility aid, or being seated.⁸ Even if you do not pre-board, your carrier is required to provide assistance with boarding and deplaning, upon your request, through the use of various types of wheelchairs and/or motorized carts where applicable. If a level loading bridge is not available, then the carrier must (with some exceptions) use a lift or ramp to help you board and deplane at U.S. airports with at least 10,000 annual enplanements.⁹ After you request assistance with boarding, deplaning, or connecting with another flight, the carrier may not leave you unattended for longer than 30 minutes while you are in a mobility aid and cannot move by yourself.¹⁰

 On the Plane

Seating Accommodations

            If you tell the carrier that you have a disability which requires a seating accommodation, then the carrier must make that accommodation if it is available on your specific plane. For example, if you are unable to get in/out of a seat with an armrest, then you may request to be moved to a row with movable armrests. Or, if your leg is immobilized, then you may request to be moved to either a bulkhead seat, or another seat with more leg room than normal, on the side of the plane that is better for your leg.¹¹ Additionally, the carrier must provide an adjoining seat for your in-flight assistant if your assistant will perform tasks that the flight crew are not required to do, or if your assistant was required by the carrier.¹² In order to guarantee you will be able to receive these accommodations, you must request them at least 24 hours before your flight’s departure time and check in at least one hour earlier than the general public. If you do not do this, then the carrier must still try to accommodate you reasonably, but it is not required to reassign another passenger’s seat for you.¹³

In-Flight Assistance

            While on-board the plane, the carrier must provide the following services at the passenger’s request:

(1) help with moving to/from your seat while boarding and deplaning,

(2) help with the on-board wheelchair to use the lavatory, and

(3) help with stowing and retrieving carry-on items.¹⁴

You should also note that the carrier personnel are not required to provide assistance within the lavatory or provide medical services.¹⁵

Mobility Aids

            Carriers are required to permit manual wheelchairs and other mobility aids into the cabin, provided they can be stowed in a designated area.¹⁶ These items will not count toward the carrier’s carry-on policy, however, the number of mobility aids allowed could be restricted, so you should check with your carrier if you need to bring more than one.¹⁷

More Resources 

For additional information check out our articles on traveling with a service or emotional support animal, traveling with a hearing or vision impairment, and traveling with a medical device.

References

¹ 14 C.F.R. § 382.25 (2018).
² 14 C.F.R. § 382.27(c) (3), (4), (6), (7) (2018).
³ 14 C.F.R. § 382.127(a)-(b) (2018).
⁴ 14 C.F.R. § 382.27(g) (2018).
⁵ 14 C.F.R. § 382.91(a)-(d) (2018).
⁶ 14 C.F.R. § 382.55 (2018).
⁷ 14 C.F.R. § 382.67(f) (2018).
⁸ 14 C.F.R. § 382.93 (2018).
⁹ 14 C.F.R. § 382.95(a)-(b) (2018).
¹⁰ 14 C.F.R. § 382.103 (2018).
¹¹ 14 C.F.R. § 382.81(a), (d) (2018).
¹² 14 C.F.R. § 382.81(b)(1), (4) (2018).
¹³ 14 C.F.R. § 382.83(a)(1)(iii) (2018); 14 C.F.R. § 382.83(a)(2)(iv) (2018).
¹⁴ 14 C.F.R. § 382.111(a), (c), (e) (2018).
¹⁵ 14 C.F.R. § 382.113(a)-(c) (2018).
¹⁶ 14 C.F.R. § 382.121(a)(1)-(3) (2018).
¹⁷ 14 C.F.R. § 382.121(b) (2018).

Authors