Disability Rights Florida Blog

Summary of Key Provisions

Safe and Dignified Assistance

• Airlines must provide safe and respectful assistance to passengers with disabilities.
• Safe assistance means support that does not put passengers at risk of injury, including preventing damage to wheelchairs or assistive devices that could result in harm.
• Dignified assistance means respecting passengers' independence, autonomy, and privacy, including:
  • Ensuring clothing remains intact during transfers.
  • Avoiding undue restroom delays that could cause accidents.
  • Communicating directly with the passenger, not their companion, unless requested otherwise.

Prompt Assistance for Boarding, Deplaning, and Connections

• Airlines must provide prompt assistance for boarding, leaving the aircraft, and moving within the terminal.
• For deplaning assistance, airlines must:
  1. Ensure airline staff and wheelchairs or scooters are ready when the last passenger without assistance needs has deplaned.
  2. Return passengers' personal wheelchair or scooter as close as possible to the aircraft door unless:
     • Restricted by safety or hazardous materials regulations.
     • The passenger requests the device be returned elsewhere (e.g., baggage claim).
  • If a personal wheelchair or scooter is unavailable, airlines must provide an airport wheelchair.

Presumption of Mishandling

• Mishandled devices include those that are lost, delayed, damaged, or stolen.
• Airlines must return checked wheelchairs or assistive devices in the same condition they were received.
• If a device is returned in a worse condition, it is presumed that the airline mishandled the device. However, the airline can rebut this presumption by providing evidence to the contrary.

Passenger Notifications

Before Departure

• When passengers check in their wheelchair or scooter, airlines must notify them in writing of the following:
• Their right to contact a Complaint Resolution Official (CRO) and file a claim if their device is mishandled.
• How to contact the CRO.
• Airlines must also inform passengers whether their wheelchair or scooter has been loaded onto the flight or, if not, the reason (e.g., due to size or weight restrictions).
• Compliance deadline: December 17, 2025.

 Upon Arrival

• Before passengers leave the aircraft, airlines must notify them whether their wheelchair or scooter has been unloaded from the airplane.
• Compliance date: December 17, 2025.

After a Mishandling Incident

• Airlines must provide written notice to passengers whose devices are mishandled, explaining their rights, including:
  1. Filing a claim.
  2. Receiving a loaner wheelchair with certain customizations.
  3. Choosing a preferred vendor for repairs or replacement.
  4. How to contact a CRO.
• Compliance date: March 17, 2025.
• Airlines must provide regular status updates to passengers about delayed devices.
• All notifications must be accessible.

Information on Aircraft Cargo Holds

Airlines must clearly publish details about the dimensions and features of cargo holds for all aircraft they operate, including cargo door measurements, on an easily accessible section of their website.

Returning Delayed Wheelchairs or Scooters

• Airlines must return delayed wheelchairs or scooters to passengers’ final destinations:
  • Within 24 hours for domestic and short international flights (12 hours or less).
  • Within 30 hours for long international flights (more than 12 hours).
• Airlines must transport the device using safe and practical methods.
• Passengers can choose to collect their device at the destination airport or have it delivered to a reasonable location, such as their home or hotel.
• The delay period begins when the passenger arrives at their destination but their wheelchair or scooter does not, and ends once the device is returned.
• Compliance date: June 16, 2025.

Reimbursement for Accessible Ground Transportation

If a wheelchair or scooter is delayed, airlines must reimburse passengers for transportation costs to or from the airport. Passengers may need to provide proof of costs, such as receipts or invoices.

Repair or Replacement of Damaged Wheelchairs or Scooters

If a wheelchair or scooter is damaged:

1. Passengers must be given a reasonable timeframe to inspect their device and file a claim.
2. From March 17, 2025, airlines must offer two options:
   • Repair or replace the device promptly and cover all associated costs.
   • Allow passengers to use their preferred vendor for repair or replacement, with the airline covering the costs and transporting the device.
3. Airlines must review claims within a reasonable time if passengers report insufficient repairs.
4. For international flights, the Montreal Convention will apply.

Loaner Wheelchair or Scooter Options

• Airlines must provide loaner devices while waiting for returns, repairs, or replacements.
• Loaners should meet the passenger's functional and safety needs as closely as possible.
• If the loaner is inadequate, passengers can find a better alternative, and airlines must reimburse the cost within 30 days (with documentation, such as receipts).

Reimbursement for Fare Differences

• Airlines must reimburse fare differences when a passenger’s wheelchair or scooter cannot fit on their scheduled flight, limiting reimbursement to flights:
  • On the same airline.
  • On the same day.
  • Between the same origin and destination.
• Airlines must disclose required documentation for reimbursement on their website.
• Compliance date: March 17, 2025.

Rebooking Options

Airlines must rebook passengers for free on the next available flight if:

• A wheelchair or scooter is not loaded on their flight.
• A wheelchair or scooter does not fit on the scheduled flight.

Airport Seating for Passengers with Disabilities

By December 17, 2025, airlines must provide safe and adequate seating for passengers with disabilities while they wait for delayed or loaner wheelchairs or scooters. Seating arrangements must be developed in consultation with disability rights organizations.

Enhanced Training for Airline Staff

• Airlines must train employees and contractors who assist passengers with mobility disabilities or handle wheelchairs/scooters annually. Training must include:
  • Hands-on, in-person practice in realistic scenarios.
  • Competency assessments or certification exams.
• All staff must complete this training by June 17, 2026.

Standards for On-Board Wheelchairs (OBWs)

• New, improved OBW standards will apply to twin-aisle aircraft and aircraft with over 60 seats for purchases made after October 2, 2026.
• All OBWs on aircraft with more than 60 seats must meet these standards by October 2, 2031.