Advocacy: Travel and Access

• Access to Air Travel, Federal Laws Covering Air Travel Access, for People with Hearing Loss
• Sending in Complaints and Compliments About Air Travel Just Got Easier
• General Information

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Access to Air Travel, Federal Laws Covering Air Travel Access, for People with Hearing Loss

Two laws apply:

• The Air Carrier Access Act (ACAA) of 1986
• The Americans with Disabilities Act (ADA) of 1990

The laws are enforced by the Department of Transportation.

The Air Carriers Access Act applies to all United States air carriers providing air transportation and to all United States terminal facilities operated by United States air carriers. The law covers airport facilities that are owned, leased, or operated by an air carrier at an air carrier airport, including parking and ground transportation facilities. It covers accessible terminal design, ticketing systems, and outbound and inbound baggage facilities.

Technically, the ACAA rules do not apply to foreign air carriers or to airport facilities outside the United States. However, the DOT has been slowly applying the ACAA provisions to codeshare situations where there is a U.S. code but the flight is operated by a foreign airline. If the ticket was sold with a U.S carrier flight number, then the ACAA applies. There is pending rulemaking that would actually state that ACAA applies for foreign carriers in a codeshare relationship with a U.S. carrier or on flight operating to/from the U.S.

In 1988, the Department of Transportation (DOT) issued a Notice of Proposed Rulemaking on Non-Discrimination on the Basis of Handicap in Air Travel. HLAA submitted written comments and gave oral testimony on the barriers to access facing people with hearing loss. The final rule (14 CFR Part 382) was issued in March 1990.

The law states that safety videos should be open captioned, TTYs available for reservations and information, and it includes provisions for hearing dogs.

The Americans with Disabilities Act provides civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government and telecommunications. Airport operators, rather than air carriers, are charged with making public areas in airport facilities accessible to travelers with disabilities.
Airports operated by public entities are covered by Title II of the ADA. If they are operated as part of a program receiving federal financial assistance, they are covered by Section 504 of the Rehabilitation Act, and have to follow the "program accessibility" criteria outlined by the Department of Justice.

Airports with private funding have to follow Title III and the ADA accessibility guidelines for new construction and renovation, as well as for barrier removal and provision of auxiliary aids and services. Terminals are treated as public accommodations as in Title II and Title III of the ADA, and thus have the same requirements for restaurants, retails stores and telephones. TTYs should be anywhere that phones are made available for public use, including in airline "clubs."

What is HLAA Doing for You to Improve Access to Air Travel?

• HLAA is advocating to improve access to air travel through membership on two airline advisory committees - Delta and Northwest Airlines.
• HLAA is working with the DOT in formulating more specific Air Carrier Access regulations for travelers with hearing loss.
• HLAA participated in the DOT public hearing held in Washington, D.C (January 2000) to discuss the possibility of commencing a rulemaking to require certain additional accommodations for travelers with hearing loss under the Air Carrier Access Act.
• HLAA presented recommendations at the Air Transportation Association (ATA) Forum on improving access for travelers with disabilities held in Washington, D.C. (November 1999).
• HLAA submitted written comments (August 2000) to the DOT's Office of Inspector General in response to its review of airline customer service and how airlines are accommodating the needs of air travelers with disabilities. For a report on how each air carrier is meeting its access commitments a report is available for review on the Inspector General Website at http://www.oig.dot.gov.

HLAA Advocates Stronger Accessibility Regulations for Travelers with Hearing Loss

Current regulations in the Air Carrier Access Act have not proven to be effective in making air travel accessible for people with hearing loss. HLAA has been actively involved in the Deaf and Hard of Hearing Stakeholder Workgroup convened by the Department of Transportation (DOT) and the National Council on Disability, to petition the DOT to strengthen the requirements of the Air Carrier Access Act for travelers with hearing loss.

The Deaf and Hard of Hearing Stakeholder Group presented the Petition for Rulemaking to the DOT in July 2004. It is now being reviewed. A cost benefits analysis must be done, then DOT will issue its version as a notice of proposed rulemaking (NPRM). At that time, everyone will have the opportunity to review and comment.

Last modified: 02/21/2005

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Sending in Complaints and Compliments About Air Travel Just Got Easier

January 12, 2009

The United States Department of Transportation (DOT) now has an online form that’s quick and easy to use to file a complaint regarding air travel. If you have access to a computer, you can fill out the form and send it to them quickly. What you need to tell them:

• Whether you were the passenger or if you are filling out the form for someone else
• Your name
• Your contact information, including either email address or phone
• Airline
• Flight Date
• Flight Itinerary (destination cities and flight number)
• Description of the problem

That’s all you need to start the process. You can find the DOT’s Air Travel Complaint/Comment Form: http://airconsumer.ost.dot.gov/escomplaint/es.cfm.

If you prefer, you can take the HLAA airline complaint form with you next time you fly. Using the information you include on our form, HLAA will help you file your complaint. For more information, contact Lise Hamlin.

Remember, air carriers must ensure that people who have a hearing loss have timely access to information that the carriers provide to other passengers.

You must identify yourself as a person with a hearing loss.

Airlines must provide you with information about:

• Ticketing, flight delays, schedule changes, aircraft changes
• Connections, flight check-in gate assignments
• Checking and claiming of baggage
• Safety briefings presented to passengers on airlines
• Warnings to passengers to use the restrooms more than half an hour before arrival at Regan Washington National Airport

File your complaint today!

OR

Send a Compliment

When we asked people for their experiences on airlines, HLAA heard from many about the stress of flying with a hearing loss. However, we also heard from a number of people who felt they were well taken care of by the airlines. Complaints are not the only way to be heard. When an airline does well, let them know that too. Send complaints or compliments directly to the Customer Relations Department of the airline. Addresses for the airlines can be found at http://airconsumer.ost.dot.gov/pubs.htm.

Whether it’s a complaint or a compliment, let your voice be heard!

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General information about accessible transportation is at U.S. Department of Transportation/Accessibility

 

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