U.S. Department of Transportation Office of the Secretary of Transportation [Graphic Omitted] New Horizons for the Air Traveler with a Disability TABLE OF CONTENTS Special Remarks Introduction PLANNING THE TRIP The New Traveling Environment Getting Advance Information About the Aircraft When Advanced Notice Can Be Required When Attendants Can Be Required AT THE AIRPORT Airport Accessibility Moving Through the Airport Passenger Information Security Screening Medical Certificates Communicable Diseases GETTING ON AND OFF THE PLANE The Safety Briefing Handling of Mobility Aids and Assistive Devices Boarding and Deplaning ON THE PLANE Aircraft Accessibility Personnel Training Seat Assignments Service Animals In-Cabin Service Charges for Accommodations Prohibited COMPLIANCE PROCEDURES IN CONCLUSION SPECIAL REMARKS It is a great honor and pleasure to release this booklet, "New Horizons for the Air Traveler with a Disability." Its intent is to inform individuals with disabilities who travel by air about the latest steps taken to make their trip as efficient and enjoyable as possible, and what to expect in the future. It describes the latest changes made in response to the passage of the Air Carrier Access Act of 1986, and those changes that will be forthcoming under the Americans with Disabilities Act of 1990. Progress is being made, but we are by no means finished. Under the leadership of President Bush, and in cooperation with the air travel industry and organizations representing individuals with disabilities, we will continue working toward a barrier free environment for all who desire to travel by air. [Graphic Omitted] Samuel K. Skinner Secretary of Transportation INTRODUCTION Access to the nation's air travel system for persons with disabilities has been an area of substantial dissatisfaction, with both passengers and the airline industry recognizing the need for major improvement. In 1986 Congress passed the Air Carrier Access Act, requiring the Department of Transportation (DOT) to develop new regulations which ensure that persons with disabilities will be treated without discrimination in a way consistent with the safe carriage of all passengers. These regulations were published in March 1990. The DOT regulations, referred to here as the Air Carrier Access rules, represent a major stride forward in improving air travel for persons with disabilities. The rules clearly explain the responsibilities of the traveler, the carriers, the airport operators, and the contractors, who collectively make up the system which moves over one million passengers per day. The new rules are designed to minimize the special problems that travelers with disabilities face as they negotiate their way through the nation's complex air travel system from origin to destination. This minimization is achieved: * By recognizing that the physical barriers encountered by passengers with disabilities can be vastly reduced by employing simple changes in layout and technology. * By adopting the principle that many difficulties confronting the passengers with hearing or vision impairments will be relieved if they are provided access to the same information as is available to all other passengers. * Through training of all air travel personnel who come in day-to-day contact with persons with disabilities, to understand their needs and how they can be accommodated quickly, safely, and with dignity. This guide is designed to offer travelers with disabilities a brief but authoritative source of information about the new Air Carrier Access rules: the accommodations, facilities, and services that are now required to be available and accessible it also describes features required by other regulations designed to make air travel more accessible. The guide is structured in much the same sequence as a passenger would plan for a trip: the circumstances he or she must consider prior to traveling, what will be encountered at the airport, and what to expect in the transitions from airport to airplane, on the plane, and then airplane to airport. PLANNING THE TRIP The New Traveling Environment The new rules sweep aside many restrictions that formerly discriminated against passengers with disabilities: * A carrier may not refuse transportation to a passenger solely on the basis of a disability. * Air carriers may not limit the number of individuals with disabilities on a particular flight. * All trip information that is made available to other passengers also must be made available to passengers with disabilities. * Carriers must provide passage to an individual with a disability that may affect his or her appearance or involuntary behavior, even if this disability may offend, annoy, or be an inconvenience to crewmembers or other passengers. There are a few exceptions: * The carrier may refuse transportation if the individual with a disability would endanger the health or safety of other passengers, or transporting the person would be a violation of FAA safety rules. * The carrier may refuse transportation if the plane has fewer than 30 seats and there are no lifts, boarding chairs or other devices available which can be adapted to the limitations of such small planes, by which to place the passenger on board. Carrier personnel are not required to carry a mobility impaired person onto the aircraft by hand. * There are special rules about persons with certain disabilities or communicable diseases. These rules are covered on pages 14 and 15 of this booklet. * The carrier may refuse transportation if it is unable to seat the passenger without violating the FAA Exit Row Seating rules. See page 28. There are new procedures for resolving disputes: * All carriers are now required to have a Complaints Resolution Official (CRO) closely available to resolve disagreements which may arise between the carrier and passengers with disabilities. * Travelers who disagree with a carrier's actions toward them can pursue the issue with the carrier's CRO on the spot. * A carrier that refuses transportation to any person based on a disability must provide a written statement to that person within 10 calendar days, stating the basis for the refusal. The statement must include, where applicable, the basis for the carrier's opinion that transporting the person could be harmful to the safety of the flight. * If the passenger is still not satisfied, he or she may pursue DOT enforcement action. Getting Advance Information About the Aircraft Travelers with disabilities must be provided information upon request concerning facilities and services available to them. When feasible this information will pertain to the specific aircraft scheduled for a specific flight. Such information should include: * Any limitations which may be known to the carrier concerning the ability of the aircraft to accommodate an individual with a disability; * The location of seats (if any) with movable aisle armrests and any seats which the carrier does not make available to an individual with a disability (e.g., exit rows); * Any limitations on the availability of storage facilities in the cabin or in the cargo bay for mobility aids or other equipment commonly used by an individual with a disability; * Whether the aircraft has an accessible lavatory. Normally, advance information about the aircraft will be requested by phone. Any carrier that provides telephone service for the purpose of making reservations or offering general information must provide comparable services for hearing-impaired individuals, utilizing telecommunications devices for the deaf (TDDs) or text telephones (TTs). The TTs shall be available during the same hours that the general public has access to regular phone service. The response time to answer calls on the TT line shall also be equivalent to the response time available to the general public. Charges for the call, if any, shall be the same as charges made to the general public. When Advance Notice Can Be Required Carriers may require up to 48 hours advance notice and one hour advance check-in from a person with a disability who wishes to receive the following services: * Transportation for an electric wheelchair on an aircraft with fewer than 60 seats; * Provision by the carrier of hazardous materials packaging for the battery of a wheelchair or other assistive device; * Accommodations for 10 or more passengers with disabilities who travel as a group; * Provision of an on-board wheelchair on an aircraft that does not have an accessible lavatory (beginning no later than April 5, 1992) for persons who can use an inaccessible lavatory but need an on-board chair to do so. Carriers are not required to provide the following services or equipment, but should they choose to provide them, may require 48 hours advance notice and a one hour advance check-in: * Medical oxygen for use on board the aircraft; * Carriage of an incubator; * Hook-up for a respirator to the aircraft's electrical supply; * Accommodations for a passenger who must travel on a stretcher. Carriers may impose reasonable, nondiscriminatory charges for these services. They must ensure the requested service is provided if appropriate notice has been given and the service requested is available on that particular flight. If a passenger does not meet advance notice or check-in requirements, carriers must make a reasonable effort to accommodate the requested service, providing it does not delay the flight. If a passenger with a disability provides the required notice but is required to fly on another carrier (for example, if the flight is cancelled), the original carrier must, to the maximum extent feasible, provide assistance to the second carrier in furnishing the accommodation requested by the individual. It must be recognized that even though the passenger has requested information in advance on the accessible features of the scheduled aircraft, carriers sometimes have to substitute a different aircraft at the last minute for safety, mechanical or other reasons. It also must be recognized that the substitute aircraft may not be as fully accessible--a condition that may prevail for a number of years. On-board wheelchairs must be available on certain aircraft by 1992, but it will take a number of years before movable aisle armrests are available on all aircraft with over 30 seats. Similarly, while accessible lavatories must be built into all new wide-body aircraft, they will be put into existing aircraft only when such aircraft are undergoing a major interior refurbishment. When Attendants Can Be Required Carriers may require the following individuals to be accompanied by an attendant: * A person traveling on a stretcher or in an incubator (for flights where such service is offered); * A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel; * A person with a mobility impairment so severe that the individual is unable to assist in his or her own evacuation from the aircraft; * A person who has both severe hearing and severe vision impairments which prevent him or her from receiving and acting on necessary instructions from carrier personnel when evacuating the aircraft during an emergency. The applicability of one of these criteria may be cause for disagreement between the carrier and the passenger. In such cases, a carrier can require the passenger to travel with an attendant, contrary to the passenger's assurances that he or she can travel alone. In such a case, the carrier cannot charge for the transportation of the attendant. The carrier may designate, however, an individual of its own choosing to be the attendant. The carrier can choose an attendant in a number of ways. The carrier could designate an off duty employee who happened to be traveling on the same flight to act as the attendant. The carrier or the passenger with a disability could seek a volunteer from among other passengers on the flight to act as the attendant. The carrier could provide a free ticket to an attendant of the passenger's choice for that flight segment. The attendant so chosen would not be required to provide personal service to the passenger with a disability other than to provide assistance in the event of an emergency evacuation. This is in contrast to the case of the passenger that usually travels accompanied by a personal attendant, who would provide the passenger whatever service he or she requests. In such cases, if there is not a seat available on the flight for an attendant, and as a result a person with a disability holding a confirmed reservation is denied travel on the flight, the passenger with a disability is eligible for denied boarding compensation. For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the person with the disability. AT THE AIRPORT Airport Accessibility Until recently, only those airport facilities designed, constructed, or renovated by or for a recipient of federal funds had to comply with federal accessibility standards. Even on federally-assisted airports, however, not all facilities and activities were required to be accessible. Examples are privately-owned ground transportation and concessions selling goods or service to the public. *1 As a result of the Air Carrier Access rules, and the Americans with Disabilities Act of 1990 (ADA), and implementing regulations, these privately-owned activities also must be made accessible. *1 The accessibility features for over 500 airports are covered in a publication of the Airports Association Council International entitled A Guide to the Accessibility of Terminals, Access Travel. Airports, and may be obtained by writing the Consumer Information Center, Pueblo, CO 81009. In general airports under construction or being refurbished must comply with the ADA Accessibility Guidelines (ADAAG) and other regulations governing accessibility in accordance with a timetable established in the ADA. Thus, while there are still many changes to be made, the accessibility of most airports is improving. With few exceptions, these services should be available in all carrier terminals within the next few years: * Accessible parking near the terminal; * Signs indicating accessible parking and the easiest access from those spaces to the terminal; * Accessible medical aid facilities and travelers aid stations; * Accessible restrooms, * Accessible drinking fountains; * Accessible ticketing systems at primary fare collection areas; * Amplified telephones and text telephones (TTs) for use by persons with hearing and speech impairments--there must be at least one TT in each terminal in a clearly marked accessible location; * Accessible baggage check-in and retrieval areas; * Accessible jetways and mobile lounges; * Level entry boarding ramps, lifts or other means of assisting an individual with a disability on and off an aircraft; * Information systems using visual words, letters or symbols with lighting and color coding and facilities providing information orally; * Directional signs indicating the location of specific facilities and services. Moving Through the Airport To further enhance the ease of travel for an individual with a disability, major airports will be required to make the following services accessible under new rules being put into effect in the next several years: * Shuttle vehicles, owned or operated by airports, transporting people between parking lots and terminal buildings; * People movers and moving walkways within and between terminals and gates. By March 1993, all carrier facilities must include one accessible route from an airport entrance to ticket counters, boarding locations and baggage handling areas. Terminals must be designed so that the routes minimize any extra distance that wheelchair users must travel compared to other passengers to reach these facilities. Outbound and inbound baggage facilities must provide efficient baggage handling for individuals with a disability, and these facilities must be designed and operated so as to be accessible. There must be appropriate signs to indicate the location of accessible services. Carriers cannot restrict the movements of persons with disabilities in terminals or require them to remain in a holding area or other location while awaiting transportation and other assistance. Curbside baggage check-in (available only for domestic flights) may also be helpful to passengers with a disability. Passenger Information Carriers must ensure that individuals with disabilities, including those with vision and hearing impairments, have timely access to the same information provided to other passengers. Such information may include, but is not limited to: * Ticketing details; * Scheduled departure times and gates; * Status of flight delays; * Schedule changes; * Flight check-in; * Change of gate assignments; * Checking and claiming of luggage. This information must be made available upon request. An exception to this requirement prevails in instances when such information is to be supplied by a crew member, but providing it would interfere with the crew member's immediate safety duties. A copy of the Air Carrier Access Act rules must be made available by carriers for inspection upon request at each airport. As previously noted, any carrier that provides telephone service for the purpose of making reservations or offering general in formation shall also provide TT service. This service for people with speech and hearing impairments must be available during the same hours that the general public has access to regular phone service, with equivalent response times and charges. Security Screening An individual with a disability must undergo the same security screening as any member of the traveling public. If an individual with a disability is able to pass through the security system without activating it, the person shall not be subject to special screening procedures. Security personnel are free to examine an assistive device that they believe is capable of concealing a weapon or other prohibited item. If an individual with a disability is not able to pass through the system without activating it, the person will be subject to further screening in the same manner as any other passenger activating the system. Security screening personnel at some airports may employ a handheld device that will allow them to complete the screening without having to physically search the individual. If this method is still unable to clear the individual and a physical search becomes necessary, then at the passenger's request, the search will be done in private. If the passenger requests a private screening in a timely manner, the carrier must provide it in time for the passenger to board the aircraft. Such private screenings will not be required, however, to a greater extent or for any different reason than for other passengers, but may take more time. Medical Certificates A medical certificate is a written statement from the passenger's physician saying that the passenger is capable of completing the flight safely without requiring extraordinary medical care. A disability is not sufficient grounds for a carrier to request a medical certificate. Carriers shall not require passengers to present a medical certificate unless the person traveling: * Is on a stretcher or in an incubator (where such service is offered); * Needs medical oxygen during flight (where such service is offered); * Has a medical condition which causes the carrier to have reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight; * Has a communicable disease or infection that has been determined by federal public health authorities to be generally transmittable during flight. If the medical certificate is necessitated by a communicable disease (see next section), it must say that the disease or infection will not be communicable to other persons during the normal course of flight. The certificate shall state any conditions or precautions that would have to be observed to prevent transmission of the disease or infection to others. Carriers cannot mandate separate treatment for an individual with a disability except for reasons of safety or to prevent the spread of a communicable disease or infection. Communicable Diseases As part of their responsibility to their passengers, air carriers try to prevent the spread of infection or a communicable disease on board an aircraft. If a person who seeks passage has an infection or disease that would be transmittable during the normal course of a flight, and that has been deemed so by a federal public health authority knowledgeable about the disease or infection, then the carrier providing transportation may: * Refuse to provide transportation to the person; * Require the person to provide a medical certificate; * Impose on the person a condition or requirement not imposed on other passengers. If the individual presents a medical certificate it must state any conditions or precautions that would have to be implemented to prevent the transmission of the disease during the flight. In that case the carrier shall provide transportation unless it is not feasible to act upon the conditions set forth in the certificate to prevent transmission of the disease. GETTING ON AND OFF THE PLANE The Safety Briefing The safety briefing that carrier personnel provide is for the passengers' own safety and is intended for that purpose only. FAA regulations require that a safety briefing be given to all passengers before takeoff. Carrier personnel may offer an individual briefing to a person whose disability precludes him or her from receiving the information presented in the general briefing. The individual briefing will be provided as inconspicuously and discreetly as possible. Most carriers choose to offer this briefing before other passengers board the flight if the passenger with a disability chooses to pre-board the flight. A carrier can present the special briefing at any time before takeoff that does not interfere with other safety duties. Carriers may not test the individual about the material presented in the briefing, except to the same degree they test all passengers in the general briefing. A carrier cannot take any adverse action against the passenger on the basis that in the carrier's opinion the passenger did not understand the safety briefing. Safety briefings presented to passengers on video screens will have an open caption or an insert for a sign language interpreter, unless this would interfere with the video or would not be large enough to be seen. This requirement takes effect as old videos are replaced in the normal course of business. Handling of Mobility Aids and Assistive Devices Assistive devices brought into the cabin by an individual with a disability shall not count toward a limit on carry-on items. To the extent consistent with various FAA safety regulations, passengers may bring on board and use ventilators and respirators, powered by non-spillable batteries. Persons using canes and other assistive devices may stow these items on board the aircraft in close proximity to them, consistent with safety regulations. Carriers shall permit passengers to stow wheelchairs or component parts of a mobility device under seats, or in overhead compartments. One folding wheelchair can be stowed in a cabin closet, or other approved priority storage area, if the aircraft has such areas and storage can be accomplished in accordance with FAA safety regulations. If the passenger pre-boards, stowage of the wheelchair takes priority over the carry-on items brought on by other passengers enplaning at the same airport, but not over items from previous stops. Wheelchairs and other assistive devices must be given priority over cargo and baggage when stowed in the cargo compartment, and must be among the first items unloaded. Mobility aids shall be returned to the owner as close as possible to the door of the aircraft (consistent with DOT hazardous materials regulations) or at the baggage claim area in accordance with whatever request was made by the passenger before boarding. If the priority storage accorded to mobility aids prevents another passenger's baggage from being carried, the carrier shall make its best efforts to ensure the other baggage arrives within four hours. Due to the limited size of storage space available on certain aircraft, some assistive devices will have to be disassembled in order to be transported (e.g., electric wheelchairs, other devices too large to fit in the cabin or in the cargo hold in one piece). When assistive devices are disassembled, carriers are obligated to return them to passengers in the condition received by the carrier. Carriers must transport battery-powered wheelchairs, except where cargo compartment size or aircraft airworthiness considerations do not permit doing so. * Electric wheelchairs must be treated in accordance with both DOT regulations for handling hazardous materials, and DOT Air Carrier Access regulations, which differentiate between spillable and non-spillable batteries. -- Spillable Batteries--If the chair is powered by a spillable battery, the regulations stipulate that the battery must be removed unless the wheelchair can be loaded, stored, secured, and unloaded always in an upright position. When it is possible to load, store, secure, and unload with the wheelchair always in an upright position and the battery is securely attached to the wheelchair, the carrier may not remove the battery from the chair. -- Nonspillable batteries--It is never necessary under the DOT hazardous materials regulations to remove a non-spillable battery from a wheelchair before stowing it. There may be individual cases, however, in which a carrier is unable to determine whether a battery is spillable or nonspillable. DOT is issuing new rules covering the marking of such batteries. The carrier may remove a particular unmarked battery from the mobility aid if there is reasonable doubt that it is nonspillable, and the conditions cited above for spillable batteries cannot be met. An across-the-board assumption that all batteries are spillable is not consistent with the Air Carrier Access rules. In addition, a nonspillable battery may be removed where it appears to be damaged and leakage of battery fluid is possible. -- Establishing the Battery Type--Compliance with DOT rules covering the marking of nonspillable batteries is sufficient to identify a battery as nonspillable for this purpose. In the absence of such markings, carrier personnel are responsible for determining, on a case-by-case basis, whether a battery is nonspillable, taking into account information provided by the user of the wheelchair. * The battery of a wheelchair may not be drained. * When DOT hazardous materials regulations require detaching the battery from the wheelchair, the carrier shall upon request provide packaging for the battery that will meet safety requirements. * Carriers may not charge for packaging wheelchair batteries. * Carriers may require passengers with electric wheelchairs to check-in one hour before flight time. * If a passenger checks-in later than one hour before flight time, the carrier shall make a reasonable effort to carry his or her wheelchair unless it would delay the flight. * Passengers may provide written instructions concerning the disassembly and assembly of their wheelchairs. Carriers may not require a passenger with a disability to sign a waiver of liability for damage or loss of wheelchairs or other assistive devices. The carrier may make note of any pre-existing defect to the device. On domestic trips, carriers' liability for loss, damage or delay in returning assistive devices cannot be greater than twice the liability limits established for passengers' luggage under DOT regulations. As of the publication of this booklet, the current limit for liability on assistive devices is $2,500 per passenger (i.e., two times the $1,250 limit for luggage).*1 *1 As with any passenger baggage, this limit may be increased through Excess Valuation Insurance purchased through the individual airline. The passenger should also check his or her homeowners or renters insurance to determine whether it provides such coverage. This expanded liability does not extend to international trips, where the Warsaw Convention applies. For most international trips (including the domestic portions of an international trip) the current liability is approximately $9.07 per pound for checked baggage and $400 per passenger for unchecked baggage. Boarding and Deplaning Properly trained service personnel who are knowledgeable on how to assist individuals with a disability in boarding and exiting must be available if needed. Equipment used for assisting passengers must be kept in good working condition. Boarding and exiting most medium and large-size jet aircraft is almost always by way of level boarding ramps or mobile lounges which must be accessible. If ramps or mobile lounges are not used, a lifting device (other than a device used for freight) must be provided to assist persons with limited mobility safely on and off the aircraft. For large and medium size airplanes, hand carriage is not an appropriate method for enplaning or deplaning a passenger with a disability. At present, however, there are few suitable devices to assist persons with limited mobility in boarding and exiting certain small aircraft. Lifting devices for smaller aircraft are now under development and will be put into place as soon as available. Carriers do not have to hand-carry passengers on and off aircraft with fewer than 30 seats, if this is the only means of getting the person on and off the aircraft. Carrier employees may do so on a strictly voluntary basis. In order to provide some personal assistance and extra time the air carrier may offer a passenger with a disability, or any passenger that may be in need of assistance, the opportunity to pre-board the aircraft. The passenger has the option to accept or decline the offer. On connecting flights, the delivering carrier is responsible for providing assistance to the individual with a disability to reach his or her connecting flight and transportation between gates. Carriers cannot leave a passenger unattended for more than 30 minutes in a ground wheelchair, boarding chair, or other device in which the passenger is not independently mobile. ON THE PLANE Aircraft Accessibility Prior to the enactment of the Air Carrier Access Act of 1986, requirements that an aircraft be accessible were very limited. The new rules require that a new aircraft delivered after April 1992 have the following accessibility features: * For aircraft with 30 or more passenger seats: -- At least one half of the armrests on aisle seats shall be movable to facilitate transferring passengers from on-board wheelchairs to the aisle seat; -- Carriers shall establish procedures to ensure that individuals with disabilities can readily obtain seating in rows with movable aisle armrests; -- An aisle seat is not required to have a movable armrest if not feasible or if a person with a disability would be precluded from sitting there by FAA safety rules (e.g., an exit row). * For aircraft with 100 or more seats: -- Priority space in the cabin shall be provided for stowage of at least one folding wheelchair. (This rule also applies to aircraft of smaller size, if there is a closet large enough to accommodate a folding wheelchair.) * For aircraft with more than one aisle: -- At least one accessible lavatory (with door locks, call buttons, grab bars, and lever faucets) shall be available which will have sufficient room to allow a passenger using an on-board wheelchair to enter, maneuver, and use the facilities with the same degree of privacy as other passengers. Also, after April 1992, aircraft with more than 60 seats must have an operable on-board wheelchair if: * There is an accessible lavatory, or * A passenger provides advance notice that he or she can use an inaccessible lavatory but needs an on-board chair to reach it, even if the aircraft predated the rule and has not been refurbished (see below). An existing aircraft does not have to be made accessible until its interior is refurbished. At that time the relevant accessibility features shall be added. Airplanes in the commercial fleet have their seats replaced under different schedules depending on the carrier. At the time when all seats are being replaced on an aircraft, half of the aisle seats must be equipped with movable aisle armrests. Aircraft with fewer than 30 seats, in which seats are replaced, shall include 50 percent movable aisle armrests to the extent they are not inconsistent with structural weight, balance, operational or interior configuration limitations. Similarly, all aircraft undergoing replacement of cabin interior elements or lavatories must meet the accessibility requirements for the affected features, including cabin storage space for a folding wheelchair, and an on-board wheelchair if there is an accessible lavatory, (unless prohibited by structural, weight, balance, or configuration limitations). Personnel Training Carriers must now provide training for all personnel who deal with the traveling public. This training shall be appropriate to the duties of each employee and will be designed to help the employee understand the special needs of travelers with disabilities, and how they can be accommodated quickly, safely, and with dignity. The training must familiarize employees with: * The Department of Transportation's rules on the provision of air service to an individual with a disability; * The carrier's procedures for providing travel to persons with disabilities including the proper and safe operation of any equipment used to accommodate such persons; * How to respond appropriately to persons with different disabilities, including persons with mobility, sensory, mental, and emotional disabilities. Seat Assignments An individual with a disability cannot be required to sit in a particular seat, or be excluded from any seat except those prohibited by FAA safety rules, such as the FAA Exit Row Seating rule. For safety reasons, that rule limits seating in exit rows to those persons with the most potential to be of help in an orderly evacuation. The carrier cannot deny transport, but may deny specific seats to travelers who are less than age 15 or lack the capacity to act without an adult, or who lack sufficient mobility, strength, dexterity, vision, hearing, speech, reading or comprehension abilities to perform emergency evacuation functions. The carrier may also deny specific seats to persons with a condition or responsibilities, such as caring for small children, that might prevent the person from performing emergency evacuation functions, or cause harm to themselves in doing so. A traveler with a disability may also be denied certain seats if: * The passenger's involuntary behavior is such that it could compromise safety of the flight and the safety problem can be mitigated to an acceptable degree by assigning the passenger a specific seat rather than refusing service; * The seat desired cannot accommodate guide dogs or service animals. In each instance, carriers are obligated to offer alternative seat locations. Service Animals Carriers must permit dog guides or other service animals with appropriate identification to accompany an individual with a disability on a flight. Identification may include cards or other written documentation, presence of a harness or markings on a harness, tags, or the credible verbal assurance of the passenger using the animal. If carriers provide special information to passengers concerning the transportation of animals outside the continental United States, they must provide such information to all passengers with animals on such flights, not simply to passengers with disabilities who are traveling with service animals. Carriers must permit a service animal to accompany a disabled traveler with a disability to any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain clear in order to facilitate an emergency evacuation, in which case the passenger will be assigned another seat. In-Cabin Service Air carrier personnel shall assist a passenger with a disability to: * Move to and from seats as a part of the boarding and exiting process; * Open packages and identify food (but not in actual eating), * Use an on-board wheelchair when available to enable the passenger to move to and from the lavatory; * Move semi-ambulatory persons to and from the lavatory (as long as this does not require lifting or carrying by the airline employee); * Load and retrieve carry-on items, including mobility aids and other assistive devices stowed on board the aircraft. Carrier personnel are not required to provide assistance inside the lavatory or at the passenger's seat with elimination functions. The carrier personnel are also not required to perform medical services for an individual with a disability. Charges for Accommodations Prohibited Carriers cannot impose charges for providing facilities, equipment, or services to an individual with a disability that are required by DOT's Air Carrier Access regulations. They may charge for optional services, however, such as oxygen and accommodation of stretchers. COMPLIANCE PROCEDURES Each carrier must have at least one Complaints Resolution Official (CRO) available at each airport during times of scheduled carrier operations. The CRO can be made available by telephone. Any passenger having a complaint of alleged violations of the Air Carrier Access rules is entitled to communicate with a CRO, who has authority to resolve complaints on behalf of the carrier. If a CRO receives a complaint before the action of the carrier personnel has resulted in violation of the Air Carrier Access rules, the CRO must take or direct other carrier personnel to take action to ensure compliance with the rule. The CRO, however, does not have authority to countermand a safety based decision made by the pilot in command of an aircraft. If the CRO agrees with the passenger that a violation of the rule occurred, he must provide the passenger a written statement summarizing the facts and what steps if any, the carrier proposes to take in response to the violation. If the CRO determines that no violation has occurred, he or she must provide the passenger a written statement summarizing the facts and reasons for the decision or conclusion. The written statement must inform the interested party of his or her right to pursue DOT enforcement action if the passenger is still not satisfied with the response. If possible, the written statement by the CRO must be given to the passenger at the airport; otherwise, it shall be sent to the passenger within 10 days of the incident. Carriers shall establish a procedure for resolving written complaints alleging violations of any Air Carrier Access rule provision. If a passenger chooses to file a written complaint, the complaint must note whether the passenger contacted the CRO at the time of the alleged violation, including the CRO's name and the date of contact, if available. It should include any written response received from the CRO. A carrier shall not be required to respond to a complaint postmarked more than 45 days after the date of an alleged violation A carrier must respond to a written complaint within 30 days of its receipt. The response must state the airline's position on the alleged violation, and may also state whether and why no violation occurred, or what the airline plans to do about the problem. The carrier must also reform the passenger of his or her right to pursue DOT enforcement action. Any person believing that a carrier has violated any provision of the rule may contact the following office for assistance: Department of Transportation Office of Consumer Affairs 400 Seventh Street, S.W. Washington, D.C. 20590 (202) 366-2220 TT (202) 755-7687 IN CONCLUSION Our work is not yet done. At the time of publication of this booklet, there remained a number of accessibility issues unresolved. These include: * Accessible terminal transportation systems; * Boarding chair standards; * Lifts for persons unable to board small aircraft; * Accessible lavatories on narrow body aircraft; * Open captioning for in-flight movies and videos; * TT service on aircraft. There are many others. The Department of Transportation, along with groups representing people with disabilities and the air carrier industry, is dedicated to eliminating these barriers with all possible speed. December 199