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The US Department of Transportation Aviation Enforcement and Proceedings

The US Department of Transportation Aviation Enforcement and Proceedings. Presented By: Livaughn Chapman, Chief Civil Rights Compliance Branch Anne Hammond, Team Leader – Disability Issues Barbara Marrin, Senior Trial Attorney U.S. Department of Transportation. Presented To:

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The US Department of Transportation Aviation Enforcement and Proceedings

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  1. The US Department of Transportation Aviation Enforcement and Proceedings Presented By: Livaughn Chapman, Chief Civil Rights Compliance Branch Anne Hammond, Team Leader – Disability Issues Barbara Marrin, Senior Trial Attorney U.S. Department of Transportation Presented To: Association for Airline Passenger Rights (AAPR) Washington, DC December 10, 2013

  2. Jurisdiction We do not handle: • Aviation Safety(this is regulated by the Federal Aviation Administration) • Aviation Security(this is administered by the Transportation Security Administration)

  3. Jurisdiction We do handle: • Air Transportation • Direct and Indirect Air Carriers • Ticket Agents

  4. Staffing & StructureOffice of Aviation Enforcement and Proceedings • One of six offices in Office of the Secretary’s Office of the General Counsel • Legal Division (Office of Aviation Enforcement and Proceedings, C-70) • Three Branch Divisions • Consumer Protection and Competition Law Branch • Aviation Licensing Compliance Branch • Aviation Civil Rights Compliance Branch • Aviation Industry Analysts (Aviation Consumer Protection Division, C-75)

  5. Three Main Focus Areas • Enforcement • Rulemaking • Outreach

  6. The Air Carrier Access Act Regulation(14 CFR Part 382) • The Air Carrier Access Act prohibits discrimination against air travelers with disabilities. DOT has promulgated detailed rules in Part 382 to implement this statute. Part 382 applies to all U.S. carriers and foreign air carriers’ flights to and from the U.S.

  7. History of the Air Carrier Access Act (ACAA) 1986: ACAA passed Mar 1990: Rule implementing ACAA (14 CFR Part 382) issued April 2000: Extension of ACAA to foreign carriers May 2000: Guidance Notice to Foreign Carriers Regarding ACAA and 14 CFR Part 382 Nov 2004: NPRM proposing extension of part 382 to foreign carriers May 2008: Final rule amending ACAA rule to apply to foreign carriers

  8. General Provisions (Subpart A) • What is the purpose? • To prohibit both U.S. and foreign carriers from discriminating against passengers on the basis of disability; requires carriers to make aircraft, other facilities, and services accessible; and requires carriers to take steps to accommodate passengers with a disability.

  9. General Provisions (Subpart A) • Who is Covered by Part 382? • An individual • With a physical or mental impairment • That on a permanent or temporary basis • Substantially limits one or more major life activities • An individual - With a record of such impairment • An individual - Regarded as having such an impairment

  10. General Provisions (Subpart A) • Major Life Activities - Means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

  11. General Provisions (Subpart A) • To whom does Part 382 apply? • U.S. Carriers: -All operations and aircraft. • Foreign Carriers: -Flights that begin or end at a U.S. airport and for aircraft used on those flights. • Note: flight is defined as a continuous journey, in the same aircraft or with one flight number, that begins or ends at a U.S. airport.

  12. Nondiscrimination and Access to Services and Information (Subpart B) • Carriers must not: -Discriminate against an individual with a disability, by reason of such disability, in the provision of air transportation. -Require an individual with a disability to accept special services. • Carriers must: -Modify policies, practices, and facilities needed to provide nondiscriminatory service consistent with the standards of section of 504 of the Rehabilitation Act. -Not be required to make modifications that constitute an undue burden or fundamentally alter their program.

  13. Information for Passengers (Subpart C) • To whom must the information be provided: -On request to qualified individuals with a disability or to a person making inquiries on behalf of an individual with a disability • Information must be specific to the aircraft expected to use for the fight and includes items such as specific location of seats with armrests, storage facilities, accessible lavatory, etc. A copy of Part 382 must be available at airports served by U.S. carriers and airports where flights begin or end in the US. by foreign carriers.

  14. Accessibility of Airport Facilities (Subpart D) • Carriers must comply with requirements with respect to all terminal facilities owned, leased or controlled at a U.S. airport as follows: -Terminal facilities must be accessible and usable by individuals with disabilities. -There must be an accessible route from the gate to the aircraft boarding area. -Systems of intra- and inter-terminal transportation comply with requirements of DOJ’s ADA rules -Contracts or leases with airport operators must set forth airport accessibility responsibility (ADA rules)

  15. Accessibility of Airport Facilities (Subpart D) • Other airport requirements include: -Service animal relief areas -Enable captioning on all televisions and other audio visual displays capable of displaying captions (in high contrast) -Automated kiosks – new requirements

  16. Aircraft Accessibility (Subpart E) • What features are covered? -Movable aisle armrests -Accessible lavatories -On-board aisle chair -Stowage space for wheelchairs

  17. Seating Accommodations (Subpart F) • For carriers that provide advance seat assignments: -Blocked seating method -Priority seating method • For carriers that do not provide advance seat assignments: -Pre-boarding method • “Catch all” category

  18. Boarding, Deplaning, and Connecting Assistance (Subpart G) • Carriers must provide to passengers with a disability moving within the terminal as follows: -Assist a passenger to get on or off an airplane -Assist a passenger in accessing key areas of the terminal -Provide assistance between gates so passenger can connect to another flight -Make a stop at the entrance of an airport lavatory -Assist with checked or carry-on luggage -Escort a passenger to an animal relief area -Assist a passenger to get on or off an airplane through the use of lifts or ramps

  19. Boarding, Deplaning, and Connecting Assistance (Subpart G) • Passengers must inform carrier that they have arrived at the airport & need assistance • A carrier cannot leave a passenger who has requested enplaning, deplaning, or connecting assistance unattended in a ground wheelchair, boarding wheelchair, or other device, in which the passenger is not independently mobile, for more than 30 minutes.

  20. Services on Aircraft (Subpart H) • What services must a carrier provide? -Reaching seats. -Reaching lavatory. -Assisting in preparation for eating. -Loading and retrieving carry-ons. -Communicating with visual or hearing impaired passengers.

  21. Services on Aircraft (Subpart H) • What assistance are carriers not required to provide? -Assistance with actual eating. -Assistance within restroom. -Medical assistance.

  22. Services on Aircraft (Subpart H) • Service Animals -Types of service animals. - Documentation and credible verbal assurance. - Seating of passengers with disabilities and their service animals. Foreign carriers – must allow service dogs only on flights to and from the U.S.

  23. Services on Aircraft (Subpart H) • Information to be provided to individuals with vision or hearing impairments who self-identify may include: Flight safety information, take-off and landing procedures, flight delays, schedule or aircraft changes, diversions, claims, emergencies, departure, arrival time, weather, beverage and other inflight information, gate assignments.

  24. Stowage of Wheelchairs, Other Mobility Aids, and Other Assistive Devices (Subpart I) • Carriers must permit passengers with disabilities to bring the following items in cabin for stowage: -Wheelchair (folding, collapsible) -Other mobility aids (canes, walkers, crutches -Other assistive devices (POCs, medications) -Carrier must not count assistive devices toward carry-on baggage limit

  25. Stowage of Wheelchairs, Other Mobility Aids, and Other Assistive Devices (Subpart I) • Carriers must stow wheelchairs and other assistive devices in baggage compartment if not available in cabin. • These items must take priority over other items in baggage. • Carrier must provide for timely return of checked items, and as close to door of aircraft as possible within Federal regulations.

  26. Training and Administrative Provisions (Subpart J) • Carriers must: -Train to proficiency all its personnel dealing with traveling public. -Ensure that their contractor’s employees receive proper training. -Consult with organizations representing persons with disabilities in training programs. -Ensure refresher training is provided. -Retain individual training records for 3 years.

  27. Complaints and Enforcement Procedures (Subpart K) • Airlines that provide service using aircraft with 19 or more passenger seats, must designate one or more Complaint Resolution Officials (CROs), and make the CRO available to consumers either by phone or in person, on request and at no charge to the passenger. • CROs must be thoroughly familiar with Part 382 and have the authority to resolve complaints promptly, although CROs need not be given the authority to countermand the decision made by a pilot-in-command for safety reasons. • CROs must receive initial and annual training concerning the requirements of Part 382 and the duties of the CRO.

  28. Complaints and Enforcement Procedures (Subpart K) • Carriers must: -Send a dispositive written response to any written disability complaint within 30 days of its receipt. -Specifically admit or deny a violation of Part 382. -Advise the complainant of his/her recourse to contact DOT. DOT investigates all written disability complaints received in its office.

  29. Complaints and Enforcement Procedures (Subpart K) • Carriers must record all written disability complaints for U.S. carriers on flight segments to/from the U.S. for foreign carriers. • Both U.S. and foreign carriers must submit an annual report to DOT summarizing such complaints. • Complaint files must be retained for 3 years.

  30. ResourcesFor Part 382 and Guidance Information • Website: http://www.dot.gov/airconsumer; click on “Topics;” Click on “Disability” • Includes copies of Part 382 and Frequently Asked Questions • Includes recent enforcement orders • Includes guidance documents • Website: “How can we help you?” • Includes information on how to file a complaint • Includes Travel Tips and Publications • Disability Hotline: 1-800-778-4838 (voice) 1-800-455-9880 (TTY)

  31. Questions?

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