By Tracy Waller, MPH, Esq.
Air Carrier Access Act- Disability Travel Rights
The Air Carrier Access Act of 1986 (ACAA) is a United States law passed by Congress in 1986 and is found in the United States Code titled “Discrimination against handicapped individuals.”1 The ACAA prohibits commercial airlines from discriminating against passengers with disabilities during air travel. It requires air carriers to engage in consistent and nondiscriminatory treatment and to accommodate people with disabilities during air travel.
The law is carried out by the Department of Transportation (DOT), an administrative agency. The final rule was issued in March of 1990. These regulations apply to all U.S. flights and to flights to or from the United States by foreign airlines. In their regulations, the DOT has further defined what constitutes discriminatory practices and what is required for accommodations. The DOT keeps a page with all of their latest news which contains new rules, updates to current rules, and lawsuits.
Since March of 1990, the DOT has made 10 changes to the regulations. Updates have included rules requiring websites to be accessible, kiosks to be accessible, and removing the inclusion of emotional support animals in the definition of service animals.
On July 8, 2022, in response to a 300% increase in consumer complaints against airlines, the DOT added to the Airline Passengers with Disabilities Bill of Rights, the fundamental rights of air traffic travelers under the ACAA (the Bill of Rights was already required as part of the law).
On July 26, 2023, the DOT announced the requirement that airline lavatories would be more accessible by making them larger.
In October 2024, the DOT charged American Airlines $50 million for ongoing violations of the ACAA between 2019 and 2023, including unsafe physical assistance, failure to provide wheelchair assistance, and improper handling of wheelchairs, resulting in damage and delays.
In response to American Airlines and other airlines’ substantial violations, and in an effort to further provide dignified accessible travel to airline passengers, in December 2024, the DOT set new standards for how airlines are required to accommodate passengers with disabilities, especially for wheelchair-users. This new rule, called the “Wheelchair Rule,”2 included (among other things):
- Providing safe and dignified assistance to passengers;
- Increased training for airline personnel and contractors;
- Quick assistance to passengers who use wheelchairs in getting on and off the plane and moving within the terminal;
- An airlines’ obligation if wheelchairs or scooters are mishandled, damaged, or lost; and
- Requires additional notifications to passengers about the location and condition of their wheelchair or scooter throughout travel.
The final rule became effective on January 16, 2025 with parts of the rule having varying implementation times ranging from January 16, 2025 to June 17, 2026 based on personnel training, notably, four days before the current administration took office.
In February 2025, DOT announced that it would not enforce the Wheelchair Rule until March 20, 2025.
On June 2, 2025, DOT further delayed enforcement and provided notice that it will not enforce the Wheelchair Rule before August 1, 2025. This will “allow additional time for the officials appointed or designated by the [p]resident to review the Wheelchair Rule to ensure that it is consistent with the law. . . “ The ongoing lack of enforcement applies to the new regulations set forth in December 2024. Therefore, the delay affects new requirements including those for:
- Prompt enplaning, deplaning and connecting assistance from airlines to passengers with disabilities;
- Flexibilities for passengers to choose how to handle the repair of their wheelchair or scooter; and
- Hands-on training of airline employees and contractors who assist passengers with mobility disabilities.
- While this is the name of the law in the United States Code, the disability community prefers the use of the word ‘disabled’ rather than ‘handicapped’ because of its outdated implication.
↩︎ - While this regulation has a number in the federal code and is not really called “the Wheelchair Rule” by the DOT or Congress, many federal rules and regulations are given nicknames as they make their way through Congress. These popular names often tell people about what the law or regulation is about or are used because it makes them easier to remember. ↩︎
