Air Carrier Access Act

Air Carrier Access Act
U.S. Government · Public domain · source
Shorttitle	Air Carrier Access Act
Enactedby	United States Congress
Citations	Public Law 101-435

Air Carrier Access Act is a federal law that aims to protect the rights of passengers with disabilities in air travel. The law was enacted by the United States Congress and signed into effect by President George H.W. Bush on October 28, 1990, as part of the Federal Aviation Act of 1958. The Federal Aviation Administration (FAA) is responsible for enforcing the law, which applies to all air carriers operating in the United States, including American Airlines, Delta Air Lines, and United Airlines. The law is closely related to other federal laws, such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), which provide protections for individuals with disabilities in various settings, including employment, education, and public accommodations, as mandated by Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

Introduction

The Air Carrier Access Act is designed to ensure that air travelers with disabilities have equal access to air travel and are not discriminated against by air carriers. The law applies to all air carriers operating in the United States, including domestic and international flights, and covers a wide range of disabilities, including physical disabilities, sensory disabilities, and mental disabilities, as defined by the World Health Organization (WHO) and the National Institute of Mental Health (NIMH). The law requires air carriers to provide reasonable accommodations to passengers with disabilities, such as wheelchair accessibility and assistive technology, as recommended by the National Organization on Disability (NOD) and the Disability Rights Education and Defense Fund (DREDF). The law also prohibits air carriers from discriminating against passengers with disabilities in the provision of air travel services, including boarding, seating, and in-flight services, as outlined in the Code of Federal Regulations (CFR) and the Federal Register.

Legislative History

The Air Carrier Access Act was enacted by the United States Congress in response to concerns about the treatment of passengers with disabilities in air travel. The law was sponsored by Senator Tom Harkin and Representative Tony Coelho, who were both strong advocates for the rights of individuals with disabilities, and worked closely with organizations such as the National Council on Disability (NCD) and the Disability Rights Education and Defense Fund (DREDF). The law was passed by the House of Representatives on August 3, 1990, and by the Senate on October 27, 1990, and was signed into effect by President George H.W. Bush on October 28, 1990, as part of a broader effort to promote disability rights and inclusion, as mandated by the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the European Union's European Disability Strategy.

Provisions and Requirements

The Air Carrier Access Act requires air carriers to provide a range of accommodations and services to passengers with disabilities, including wheelchair accessibility, assistive technology, and in-flight services, as outlined in the Code of Federal Regulations (CFR) and the Federal Register. The law also requires air carriers to train their employees on the needs of passengers with disabilities and to provide complaint resolution procedures for passengers who experience discrimination or inadequate service, as recommended by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) and the Job Accommodation Network (JAN). Additionally, the law requires air carriers to provide accessible aircraft and airport facilities, including wheelchair ramps and accessible restrooms, as mandated by the Architectural Barriers Act of 1968 and the Uniform Federal Accessibility Standards (UFAS).

Enforcement and Compliance

The Federal Aviation Administration (FAA) is responsible for enforcing the Air Carrier Access Act, which includes conducting investigations and inspections of air carriers to ensure compliance with the law, as outlined in the FAA's Compliance and Enforcement Program. The FAA also provides guidance and technical assistance to air carriers on the requirements of the law, including the development of compliance manuals and training programs, as recommended by the National Transportation Safety Board (NTSB) and the International Air Transport Association (IATA). Passengers who experience discrimination or inadequate service can file complaints with the FAA, which can result in fines and other enforcement actions against non-compliant air carriers, as mandated by the Federal Aviation Act of 1958 and the Aviation and Transportation Security Act.

Impact and Controversies

The Air Carrier Access Act has had a significant impact on the air travel industry, leading to improved accessibility and inclusion for passengers with disabilities, as reported by the National Organization on Disability (NOD) and the Disability Rights Education and Defense Fund (DREDF). However, the law has also been the subject of controversy and litigation, with some air carriers challenging the requirements of the law and arguing that they are too burdensome or costly, as noted by the Air Transport Association (ATA) and the International Air Transport Association (IATA). Additionally, some passengers with disabilities have reported ongoing barriers and challenges in air travel, including inadequate accessibility and discrimination, as documented by the National Council on Disability (NCD) and the European Disability Forum (EDF). Despite these challenges, the Air Carrier Access Act remains an important law that promotes the rights and inclusion of passengers with disabilities in air travel, as recognized by the United Nations (UN) and the European Union (EU). Category:United States federal aviation legislation