Case Corner: Air Travel for Person’s with Disabilities-Know Your Rights

A recent referral to the CRC sparked an investigation into disability rights for air travel. A social worker asked whether airlines are required to accommodate individuals who have a temporary disability. In this case the patient was treated at MGH for a leg injury. Although the Patient’s doctor had cleared him for travel, it was with the stipulation that his leg, which was in an air-cast, had to be kept elevated. Due to the emergent nature of the Patient’s travel, he was unable to re-schedule his flight.

First, I contacted the airline to see what accommodations they could offer. Much to my chagrin, I was told that they could offer no assistance, as this was only a temporary disability. In investigating whether the American Disability Act (ADA) had any regulations regarding air travel I came across information on the Air Carrier Act, which was first passed by Congress in 1986, and required the Department of Transportation to develop regulations ensuring safe travel for individuals with disabilities.

A specialist at the Department of Transportation’s (DOT) Aviation Consumer Protection Division (ACPD) assured me that in this particular instance the airline was required to provide some assistance to the passenger. I was directed to a regulation of the Air Carrier Act (14CRF part 382), which details Nondiscrimination on the Basis of Disability for Air Travel laws. The specialist advised that the passenger call the airline directly requesting special accommodations and mention this regulation:

§ 382.37 Seat assignments
“(4) For a person with a fused or immobilized leg, the carrier shall provide a bulkhead seat or other seat that provides greater legroom than other seats, on the side of an aisle that better accommodates the individual’s disability.” http://airconsumer.ost.dot.gov/rules/382short.doc

Bulkhead seats are located directly behind partitions in the plane, and act to separate the cabins, lavatory, and/or galley areas. Benefits of these seats include more legroom and no inconvenience of a reclining seat in front of you. Also, for this situation, seating in the Bulkhead area would allow the patient to have his leg stretched in front of them in a more elevated position than a typical airplane seat can accommodate.

For more information about the Air Carrier Act please visit the DOT’s ACPD website at: http://airconsumer.ost.dot.gov/index.htm Also, the complete regulations for the Air Carrier Act can be found at http://airconsumer.ost.dot.gov/rules/383short.doc.

Additionally, ACPD has a hotline for information about air travel for persons with disabilities. The hotline provides general information to consumers regarding the rights of air travelers with disabilities. The hotline can be reached at 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) Monday through Friday, 7a.m. to 5 p.m.

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