Volume 12, No. 3, Summer 2004	Previous Issues Subscribe to AT Messenger Download PDF Viewer
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Significant Planning Must Accompany a Plane Ticket

Laura J. Waterland, Senior Staff Attorney, Disabilities Law Program

In 2002, travelers with disabilities spent $13.6 billion on 31.7 million trips.1 At least $3.3 billion of the $13.6 billion went to the airline industry. That figure could double if travel was made more accessible. The Americans with Disabilities Act, Titles II and III, have numerous provisions covering various aspects of the travel industry. The accessibility requirements pertain not only to hotels and restaurants, but to transportation and airports as well.2 The ADA provides general non-discrimination language, 3 but also creates specific rules for the acquisition of accessible transportation equipment. Frequently, getting to and from the airport can present the most daunting of battles for the traveler with disabilities.

Parking At or Near the Airport

Parking at the airport is a primary concern for many travelers with disabilities. Airports are required to provide accessible parking spaces in all lots. 4 The number of accessible spots required depends on the total number of spots in the lot, but roughly one accessible space is required for every 25 spaces. These spaces should be as close as possible to the accessible route and shuttle bus stops.

If the parking lot is remote and requires shuttle transportation to the airport, then accessible shuttle service should be made available. The requirements for accessible transportation depend on whether the lot is public or private. Shuttle buses at airports that are run by public entities should all be lift-equipped 5 (49 CFR sections 37.71 and 37.73).

The rules are less stringent for private parking lots. Some private lots may not offer accessible transportation even though they should. Private parking lots providing transportation to and from the airport are considered "private entities not primarily engaged in providing transportation services" (49 CFR section 37.101). Car rental companies would also fall within this category. Both private lots and car rental companies must follow certain rules in regards to purchasing accessible equipment. These rules are similar to those for companies that are primarily engaged in providing transportation services (see below), except that the "equivalent service" option applies to the purchase or lease of new equipment that seats less than 16 people, rather than eight. Also, these companies are not specifically required to ensure that new vehicles, seating less than 16, are accessible. They must only ensure that the vehicles meet the equivalent service requirements, whether or not they purchase a new vehicle.

Transportation from Outside the Airport

If an individual chooses to travel by private transportation from his/her home or hotel to the airport, s/he may have difficulty finding accessible service. ADA compliance by private transportation providers has been poor, despite efforts by the United States Department of Justice to enforce the law.

Generally, private providers of transportation services, such as airport shuttle services, must acquire accessible new equipment. 6 Some airport transportation service is "fixed route," meaning it goes from one fixed point to another, on a fixed schedule. Other providers have a "demand responsive system," meaning the service is not to and from fixed points and it does not operate on a schedule. The acquisition rules for private providers of transportation services are somewhat complicated and depend on the size of the vehicle and whether the service is fixed route or demand responsive.

Demand responsive transportation systems acquiring any new equipment, no matter the seating capacity, must buy or lease accessible equipment unless they are able to meet the standard for "equivalent service" (49 CFR section 37.105). Equivalent service means the system, when viewed in its entirety, provides service to people with disabilities in the most integrated setting appropriate and is equivalent to the service provided to individuals without disabilities in regards to schedule, response time, fares, geographic area of service, hours and days of service, availability of information, and reservation capacity. The regulations do allow companies to demonstrate they are able to provide equivalent service through such means as contractual or pooling arrangements. The regulations suggest that pooling of resources is one way small transportation providers can satisfy the requirements of the ADA without necessitating the purchase of accessible equipment by every single entity.

For fixed route systems, all acquisitions of new vehicles, other than automobiles or vans seating less than eight, must be accessible. For fixed route providers who acquire a van seating less than eight, the lease or purchase must be of an accessible van unless the provider can meet the standard of "equivalent service."

Taxi companies are only required to follow the new acquisition requirements when leasing or purchasing a vehicle other than an automobile. If a taxi company uses vans, the company must comply with all of the "demand responsive transportation system" rules. Other non-discrimination provisions of the ADA do apply to taxi services.

Other ADA requirements that airport transportation providers should follow, but sometimes do not, relate to service aspects such as reservation systems, fares, and treatment of service animals. The provider should offer equivalent means for making reservations so that if, for example, the provider has Web-based reservation capacity, a person who needs an accessible ride can make the reservation online as well.

Transportation providers may not charge a higher rate for providing accessible service. A few years ago, the Disabilities Law Program filed a complaint on behalf of a client against a Delaware transportation provider who charged a higher rate for providing a lift-equipped van as compared to an unequipped van. Similarly, a provider cannot charge extra for stowing a wheelchair or other AT device. Such surcharges clearly violate the ADA.

Likewise, a transportation provider cannot refuse to transport a service animal. A rider must be allowed to bring a service animal with him/her. The service animal need not have a certification, but should meet the ADA definition of a service animal: "a dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability" (28 CFR section 36.104).

A provider cannot insist that a rider with a disability have a companion. The provider must also maintain all of the accessible features that it owns. If the provider has a lift-equipped van, the ADA requires the provider to maintain the lift in working order, and to train staff to operate the equipment safely.

The Department of Justice has entered settlement agreements in several airport transportation cases that provide some insight into how airport transportation providers should provide accessible service. In United States of America v. Supershuttle International, Inc., 7 the Department settled complaints against this nationwide provider of demand responsive airport transportation. Supershuttle had purchased 880 new vans after the passage of the ADA, and only 17 of those were accessible. Several company locations, including New York and Denver, had no accessible equipment. In the settlement, Supershuttle was ordered to develop non-discriminatory policies and reservation practices, train its employees, maintain its accessible vans in good working order, and ensure that every Supershuttle location had at least two accessible vans.

In a settlement agreement with Affordable Airport Shuttle, which operates in the Washington, D. C. area, 8 the government required that the transportation company enter into contractual relationships with other providers until it acquired an accessible van of its own. This agreement was an example of providing equivalent service.

In United States Department of Justice v. Skyway Group (also known as Arizona Shuttle), 9 a provider of fixed route transportation from Phoenix Airport to Tucson, Arizona, did not have accessible equipment and refused to allow a customer to ride with her service animal. Also, prior to the complaint being filed, the company had purchased two large inaccessible shuttle vans. The company agreed to purchase two new accessible vans and pay damages and fines to settle this case.

Airports

The airport's physical plant and services are covered by the ADA. Doorways, bathrooms, elevators, and other areas should meet the accessibility guidelines found in the ADA Accessibility Guidelines for Buildings and Facilities. Any complaints or questions about an airport should be directed to the airport management.

Transportation inside the airport, whether by wheelchair or by motorized vehicle, is provided by the airlines. For example, Philadelphia Airport does not own or lend out wheelchairs. They do, however, operate a hotline to help travelers access wheelchairs from the airlines.

Heightened security at airports means there is restricted access to passenger drop-off areas. These areas may also be further away from ticketing zones. Passengers with disabilities will be subject to all of the security checks, and assistive technology will be inspected.

Air Carriers

Airline accessibility is covered by the Air Carrier Access Act (ACAA) of 1986 (49 USC section 41705). Before traveling by air, it is essential to become familiar with this law. Some details are listed below, but the law is quite all-encompassing. The Unites States Department of Transportation has a useful publication titled "New Horizons, Information for the Air Traveler with a Disability," available at http://airconsumer.ost.dot.gov/publications/horizons.htm. Since 2000, enforcement actions under this law have resulted in almost $7 million in fines.

Under the ACAA, new aircraft (those ordered after 1990) are required to have certain accessibility features. Aircraft seating more than 30 people must have moveable armrests on half of all aisle seats. Twin-aisle aircraft must have accessible lavatories, and aircraft seating more than 100 must have storage spaces for manual wheelchairs. Ramps or mechanical lifts are required for most aircraft with 19-30 seats, and at all airports with over 10,000 annual deplanements.

The law requires airlines not to engage in discrimination against people with disabilities. An airline may, however, refuse to carry a passenger on the basis of safety, which can include health and/or disability related reasons, or if there are no lifts, boarding chairs, or other devices available to enplane the passenger. A Medical Certificate may be required only if the passenger is on a stretcher, needs oxygen during the flight, has a communicable disease, or has a medical condition that causes a carrier to have reasonable doubt that the passenger can complete the flight safely and without the need of extraordinary medical assistance. Airline personnel are not required to lift or carry passengers with disabilities. An airline may not require a passenger with a disability to travel with an attendant except when the attendant is essential for safety.

A passenger may be required to give advance notice (48 hours) to the airline for certain accommodations, such as transportation of a power wheelchair in an aircraft seating less than 60, transportation of hazardous materials such as power wheelchair batteries, or provision of an on-board wheelchair for someone who is able to use an inaccessible lavatory but needs a chair to do so. Airlines may not charge for these accommodations, but may charge for optional services such as provision of oxygen, hook-up for a respirator, or accommodations for someone traveling on a stretcher.

Practical Tips

Planning and preparation are key elements for a successful travel experience. Ground transportation should be arranged well in advance. Any issues related to seating or medical equipment should be raised with the airline well in advance. Consult with a travel agent or use an Internet disability travel database such as www.abledata.com or Easter Seals' Project Action, http://projectaction.easterseals.com for more information. In addition, www.frommers.com has an excellent section on travelers with disabilities. A publication titled, "The Accessible Guide for Specialized Ground Transportation," which can be purchased for $79.95 from www.accessibletransport.com, may provide additional information.

If travel plans go awry, file a complaint regarding airline accessibility immediately with the Complaints Resolutions Official (CRO) at the airport. Each carrier must have an official at each airport serviced by the carrier. If the CRO determines that no violation has occurred, s/he must provide a written summary to the passenger. Travelers may also contact the United States Department of Transportation Disability Hotline at (800) 778-4838 or (800) 455-9880 (TTY). All complaints filed with a carrier must be handled within 30 days. Another option is to contact the Department of Transportation, Aviation Consumer Protection Division at http://airconsumer.ost.dot.gov/problems.htm, airconsumer@ost.dot.gov, (202) 366-2220 or (202) 366-0511(TTY) to file a complaint. A complaint form is downloadable from the department's Website.

ADA complaints may be filed with the United States Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue, NW, Disability Rights Section-NYAV, Washington, DC, 20530, or call the ADA Information Line at (800) 514-0301, (800) 514-0383 (TTY). It is also possible to proceed directly to federal court, but before doing so be sure to seek legal advice.

References:

1. Harris Survey sponsored by The Open Doors Organization, the Travel Industry Association of America, and the Society for Accessible Travel and Hospitality. Back to Article

2. Accessibility of airlines is usually not covered by the ADA, but rather by the Air Carrier Access Act of 1986 (49 USC section 41705, 14 CFR section 382). Accessibility of airports is covered by the ADA. Private airport transportation and parking services are covered by state and local accessibility laws. Back to Article

3. The ADA generally states that no entity providing transportation services may discriminate against an individual in the provision of services based on disability (49 CFR section 37.5). This would include requiring assigned seating, attendants, charging more for services, etc. Back to Article

4. Publically owned airports are governed by Title II of the ADA.
Back to Article

5. At Philadelphia International Airport, all shuttle buses that run from the economy (remote) parking lots to the terminals are lift-equipped. Philadelphia International Airport recently published a brochure entitled "Getting Around: A Guide for Travelers with Disabilities" which is available at http://www.phl.org/ada2.html#ada or by calling (215) 937-5499 or (215) 937-6755 (TTY). Back to Article

6. The requirement really only comes into play when a new purchase is made by an entity. If a company chooses not to purchase new equipment, then the traveler must fall back on the general non-discrimination provisions (49 CFR section 37.5). Back to Article

7. DOJ Nos. 202-8-40; 73-70; 73-56, www.usdoj.gov/crt/ada/superstl.htm
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8. DOJ No. 202-35-91, www.usdoj.gov/crt/foia/mdaffshuttle.html
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9. DOJ No. 202-8-36, www.usdoj.gov/crt/ada/skywayse.htm
Back to Article