A Report on Stowage of Assistive Devices

A Report on Stowage of Assistive Devices

July 2021 BY THE AIR CARRIER ACCESS ACT ADVISORY COMMITTEE’S SUBCOMMITTEE ON STOWAGE OF ASSISTIVE DEVICES Jim Sinocchi, Chair of the ACAA Advisory Committee and representative of passengers with disabilities. Michelle Albert, Boeing Company, as representative of aircraft manufacturers.

Dana Folsom, Delta Air Lines, as representative of airlines. Mark Greig, Sunrise Medical, as representative of wheelchair manufacturers. Keith Hansen, Allegiant Air, as representative of airlines.

Nicholas LiBassi, United Spinal Association, as representative of national disability organizations. Ramakant Rambhatla, Invacare Corporation, as representative of wheelchair manufacturers.

Kristin Stephenson, formerly with Muscular Dystrophy Association, as representative of national disability organizations. Blane Workie, DOT, Designated Federal Officer.

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Table of Contents Chapter 1: Overview.................................................................................................................... 3

1.1. Introduction ......................................................................................................................... 3

1.2. Statutory Framework and Background ............................................................................... 3

1.3. Scope of the Subcommittee’s Review ................................................................................ 4

1.4. Subcommittee Process and Analysis .................................................................................. 4

1.5. Summary of the Subcommittee’s Findings and Recommendations ................................... 6

Chapter 2: Damage to Assistive Devices .................................................................................. 11

2.1. Legal Framework .............................................................................................................. 11

2.2. Current Challenges............................................................................................................ 11

2.3. Basis for Recommendations ............................................................................................. 12

2.3.1. Wheelchair Passports (a.k.a. Travel Configuration Card) ......................................... 12

2.3.2. Wheelchair and Scooter Handling Checklists/Forms ................................................ 14

2.3.3. Passenger Education .................................................................................................. 15

2.3.4. Securement ................................................................................................................. 16

Chapter 3: Stowage of Battery-Powered Wheelchairs and Scooters .................................... 19

3.1. Legal Framework .............................................................................................................. 19



3.3.1. Passenger Options When a Wheelchair Cannot Be Transported Safely on a Flight . 20

3.3.2. Chair and Cargo Design ............................................................................................. 21

Chapter 4: Delay of Assistive Devices ...................................................................................... 22

4.1. Legal Framework .............................................................................................................. 22



4.3.1. Analysis of Data on Delayed Assistive Devices ........................................................ 23

Chapter 5: Training ................................................................................................................... 24

5.1. Legal Framework .............................................................................................................. 24


5.3. Basis for No Recommendation ......................................................................................... 25

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Chapter 1: Overview 1.1. Introduction The Subcommittee on Stowage of Assistive Devices, which was comprised of representatives from national disability organizations, passengers with disabilities, domestic airlines, assistive device manufacturers, and aircraft manufacturers, was established as a subcommittee of the Air Carrier Access Act (ACAA) Advisory Committee to study the barriers encountered by individuals with disabilities traveling with assistive devices on commercial aircraft. It was directed to provide recommendations to the ACAA Advisory Committee on best practices for reducing any such barriers and on whether current U.S. Department of Transportation (Department) regulations should be modified or new regulations issued to ensure that passengers with disabilities are able to stow assistive devices on aircraft without cost. The Subcommittee met regularly from July 2020 through November 2020, and is submitting this report containing its findings and recommendations to the ACAA Advisory Committee for its consideration. Early on, the Subcommittee decided to focus its work on barriers encountered by individuals with disabilities traveling with wheelchairs or scooters. Most complaints received by the Department and by airlines that relate to assistive devices concern wheelchairs or scooters. This report focuses on difficulties that individuals with disabilities encounter when traveling by air with their wheelchairs and scooters. It identifies certain steps that can be taken to improve a passenger’s experience when travelling with wheelchairs and scooters, and sets forth recommendations to reduce the possibility that wheelchairs or scooters will be damaged, increase the likelihood that passengers with disabilities would be able to fly with their battery-powered wheelchairs and scooters on smaller regional aircraft, and ensure such assistive devices are returned to passengers in a timely manner. 1.2. Statutory Framework and Background Section 439 of the FAA Reauthorization Act of 2018 (FAA Act) requires the Department to establish an advisory committee to assess barriers to accessible air travel, determine the extent to which the Department is addressing those barriers, and recommend improvements. Section 438 of the FAA Act specifies that the responsibilities of that advisory committee include assessing current regulations with respect to practices for ticketing, pre-flight seat assignments, access to bulkhead seating, and stowing of assistive devices for passengers with disabilities and providing recommendations on whether current regulations in these areas should be modified. Section 438 states further that the advisory committee must submit to the Department and the appropriate committees of Congress a report of its review and recommendations. Further, Section 439 requires the advisory committee to submit an annual report to the Department on whether its current regulations, programs, and activities are addressing existing disability-related access barriers encountered by air travelers with disabilities. In September 2019, the Department established the ACAA Advisory Committee, approved its charter, and appointed 19 members in accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2. The first meeting of the ACAA Advisory Committee was held on March 10

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and 11, 2020, in Washington, D.C.1 The purpose of the first meeting was to gather information on the barriers encountered by passengers with disabilities in the following areas: ticketing; pre-flight seat assignments; access to bulkhead seating; stowage of assistive devices; and guide and wheelchair assistance at airports and on aircraft. In addition, the Department consulted with the ACAA Advisory Committee in developing the “Airline Passenger with Disabilities Bill of Rights.” At that first meeting, the Department also consulted with the ACAA Advisory Committee on establishing subcommittees to assist with the work of the Committee. Shortly thereafter, the Department established three subcommittees to address the following statutorily-required topics: (1) ticketing practices and seating accommodations; (2) stowage of assistive devices; and (3) assistance at airports and on aircraft and related training of carrier personnel and contractors. 1.3. Scope of the Subcommittee’s Review Section 438 of the FAA Act requires the ACAA Advisory Committee, among other things, to review and assess current regulations regarding stowage of assistive devices for passengers with disabilities. The Subcommittee was assigned the task of examining the barriers encountered by individuals with disabilities traveling with assistive devices on aircraft, providing recommendations to the Advisory Committee on best practices for reducing any such barriers, and determining whether current regulations should be modified or prescribed to ensure passengers with disabilities are able to stow assistive devices without cost. In doing so, the Subcommittee focused its review on determining appropriate recommendations in three broad categories: (1) damage to wheelchairs and scooters, (2) stowage of battery-powered wheelchairs and scooters in the cargo compartment, and (3) delay in returning wheelchairs and scooters to passengers. The Subcommittee reviewed relevant consumer complaint data; heard from airlines, disability rights advocates and others on the current state of affairs; surveyed airlines on training practices; and reached out to other major industry stakeholders and experts for further information and commentary on previous and on-going work in these fields. The Subcommittee ultimately made several findings and drafted six recommendations, which are further set forth in chapters 2 through 5. 1.4. Subcommittee Process and Analysis Eight members of the full ACAA Advisory Committee served on the Subcommittee on Stowage of Assistive Devices. The Subcommittee members represented the interests of passengers with disabilities, national disability organizations, airlines, aircraft manufacturers and wheelchair manufacturers. The Subcommittee members met virtually six times between July 2020 and November 2020. The Designated Federal Officer, Blane Workie, and several U.S. Department of Transportation (DOT) staff also attended the meetings. These six meetings can be summarized as follows:

1 The summary of the first meeting can be found on www.regulations.gov, docket DOT-OST-2018-0204, and on the ACAA Advisory Committee’s web site at www.transportation.gov/airconsumer/ACAACommittee.

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a. Meeting on July 20, 2020: The Subcommittee held its first meeting on July 20, 2020.

During this meeting, the members discussed a May 29, 2019 report published by the Canadian Transportation Agency (CTA) and its International Working Group (IWG), titled Mobility Aids and Air Travel Final Report, that included IWG member recommendations for the transportation of large mobility aid devices by air.2 Following this discussion, the Subcommittee focused on the issue of damage to assistive devices during transport and stowage. DOT staff provided a recap of relevant regulations, consumer complaints and statistics involving allegations of damage to assistive devices filed with DOT’s Office of Aviation Consumer Protection (OACP). Other major discussion topics included wheelchair passports, mobility aid device handling forms or checklists, passenger education and airline training for employees and contractors.

b. Meeting on August 10, 2020: During the second meeting, the Subcommittee heard from a representative from the U.S. Food and Drug Administration (FDA), a Federal agency which plays an important role in the testing and approval of medical devices and wheelchairs that are marketed in the United States. Then, the Subcommittee members continued their discussion on wheelchair passports and agreed on a two-part recommendation that would affix certain labeling to wheelchairs. The Subcommittee members also discussed the topic of securement of wheelchairs and scooters in the cargo compartment. Ray Prentice of Alaska Airlines gave a presentation highlighting certain best practices and policies internal to Alaska Airlines, on the securement of power wheelchairs. Michelle Albert of Boeing presented on cargo design limitations prevalent in single-aisle aircraft, which led to the consideration of other options when a passenger’s wheelchair or scooter does not safely fit on a given flight. These discussions were continued at later meetings.

c. Meeting on August 31, 2020: The Subcommittee continued its discussion regarding best

practices aimed at reducing damage to wheelchairs and scooters during stowage. To assist with its review, the Subcommittee heard form Linda Ristagno of the International Air Transport Association (IATA) and Dr. Kate Hunter-Zaworksi of Oregon State University. Both speakers shared highlights from their work experiences in the area of wheelchair securement and handling. After deliberation, the Subcommittee proposed multiple potential best practices for securement and a working group to further analyze issues involving chair and cargo design. Airlines also noted that receiving advance notice from passengers with disabilities that are travelling with wheelchairs and scooters would aid in their ability to handle such devices safely and properly. It was also noted that passenger education should be recommended to include the benefits of providing advance notice. Further, the Subcommittee agreed that wheelchair handling forms or checklists, which are already offered today by some airlines,

2 DR. K.M. HUNTER-ZAWORSKI, P.E., MOBILITY AIDS AND AIR TRAVEL FINAL REPORT (prepared for the Canadian Transportation Agency, 2019) (Can.), available at https://otc-cta.gc.ca/eng/publication/mobility-aids-and-air-travel-final-report.

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should be recommended as a best practice to help ensure that device handlers know how to properly load and stow assistive devices on aircraft.

d. Meeting on September 28, 2020: At the fourth meeting, the Subcommittee finalized a recommendation that airlines, DOT and disability advocacy organizations work to further passenger education. Securement best practices were also discussed again with industry input on the commonality of tie-down points provided by Subcommittee members representing aircraft and wheelchair manufacturers. Before concluding this topic, the Subcommittee asked for additional information on the safety of transit tie-downs and brackets currently designed and sold by the wheelchair manufactures. The Subcommittee wrapped up the meeting by looking into areas of improvement related to the delayed return of assistive devices to passengers with disabilities. An agreement was reached on a recommendation that U.S. airlines review their consumer complaint data on mishandled assistive devices and determine possible solutions and actions to help mitigate such cases.

e. Meeting on October 26, 2020: The agenda for this meeting included three on-going topics from prior meetings, as well as a review of the draft Subcommittee findings and recommendations to date. Best practices for securement were discussed again in depth, and Subcommittee members representing wheelchair and aircraft manufacturers shared challenges with the lack of standards for strapping wheelchairs in the cargo compartment. As a result, the Subcommittee agreed to a recommendation that would encourage the Rehabilitation and Assistive Technology Society of North America (RESNA) to study and determine whether a new air travel standard for securement points should be created. However, Subcommittee members were unable to reach unanimous agreement on a recommendation for what options airlines should make available to a passenger whose wheelchair or scooter does not fit safely within the cargo compartment of the aircraft operating the passenger’s flight. DOT staff also presented details of an airline training survey that captured responses from approximately 19 domestic and foreign air carriers.

f. Meeting on November 16, 2020: The final regular meeting for the Subcommittee took place in mid-November. During this meeting, the Subcommittee members wrapped up their discussions and finalized their recommendations. Specifically, the Subcommittee finalized multiple best practices for the securement of wheelchairs and scooters in the cargo compartment of aircraft, and chose IATA to lead a working group and study on chair and cargo design.

1.5. Summary of the Subcommittee’s Findings and Recommendations The Subcommittee believes that air travel should be accessible to individuals with disabilities and recognizes that individuals who use a wheelchair or scooter are not able to travel by air if their device is not transported with them. The Subcommittee also understands that some individuals who use a wheelchair, particularly a battery-powered wheelchair or scooter, may be reluctant to travel by air due to concerns of damage to their assistive device, difficulties stowing their device safely in the cargo compartment, or delays associated with the return of the wheelchair to scooter to the passenger. The Subcommittee’s findings describe the challenges to transporting wheelchairs and scooters on aircraft that exist today, and its recommendations are

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intended to address these challenges for the purpose of advancing the policy goal of accessible air transportation. Findings a. Battery-powered wheelchairs and scooters are not specially designed by wheelchair

manufacturers for transport in aircraft cargo compartments, and may not fit in certain aircraft cargo compartments or their weight may exceed aircraft cargo compartment limitations and aircraft weight and balance safety requirements.

b. The dimensions of the cargo doors on certain types of single-aisle aircraft can be problematic

for the transport of battery-powered wheelchairs and scooters, as the cargo doors are too small to permit a battery-powered wheelchair to be maintained upright while loaded into the cargo compartment. Damage to the device can result if it must be laid on its side to fit through the cargo door opening, or may result in the device not being able to be transported if it does not fit. Such problems also may occur for wide-body aircraft, but are not as prevalent on such aircraft because they usually have larger cargo doors.

c. Weight and balance issues typically arise for smaller aircraft when accommodating battery-

powered wheelchairs and scooters, especially in cases of multiple battery-powered wheelchairs or large devices where each can weigh upwards of 400 lbs. or more.

d. Transit tie-down and securement points, in cargo compartments, in unit load devices (ULDs)

and on battery-powered wheelchairs and scooters, could help to reduce the risk of damage to an assistive device when stowed during air travel. Such safety options, however, are not standard features on all aircraft types, especially older aircraft models. Tie-down points are also not standard on all ULDs. Also, while most new battery-powered wheelchairs delivered today are equipped with tie-down and securement points as a standard feature, this is not the case for older models or for many manual wheelchairs or scooters. Further, wheelchairs and scooters are not specially designed and tested for the purposes of stowage during air travel.

e. Advance notice to airlines by passengers with disabilities who will be travelling with a

battery-powered wheelchair or scooter provides airlines with the time necessary for logistical planning to ensure that such devices can be accommodated. The U.S. Department of Transportation (DOT or Department) allows airlines to require advance notice for the transport of battery-powered wheelchairs or scooters on aircraft with fewer than 60 seats. The Department does not allow airlines to require advance notice for the transport of such chairs on larger aircraft.

f. Passenger education information for individuals with disabilities regarding what to expect

when flying with an assistive device already exists, but could be further developed and enhanced. This information should emphasize the benefits of passengers sharing information about their device with airlines and providing advance notice to airlines of travel with a battery-powered wheelchair or scooter.

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g. Some airlines currently ask passengers traveling with battery-powered wheelchairs or scooters to complete a mobility aid device handling form prior to a flight to ensure that an assistive device is properly handled during transport. Airlines tailor these forms to fit their operational needs.

h. The Rehabilitation Engineering and Assistive Technology Society of North America

(RESNA) Standards Committee on Assistive Technology for Air Travel is finalizing a labelling standard for battery-powered wheelchairs to ensure that wheelchair manufacturers attach key information about the wheelchair including size dimensions, weight and the type of battery used with the device. RESNA is expected to compete this work during the second or third quarter of 2021.

i. RESNA does not have a standard for the securement of wheelchairs during air transport but

has standards (ANSI/RESNA WC-4, Section 19) for the use and securement of wheelchairs used as seats in motor vehicles. A WC19 wheelchair is a wheelchair that complies with Section 19 of the RESNA standard, which establishes minimum wheelchair design and performance requirements that improve the safety and security of occupied wheelchairs in motor vehicles, especially in the event of a vehicle crash. ISO standard 7176-19 is the international standard equivalent to Section 19 of the RESNA standard. “Securement point” is the terminology used in Section 19 to identify those places on the wheelchair where the tie-down straps are intended to be attached. Non-WC19 compliant wheelchairs may also have securement points but at this time are not required to meet any performance or safety standards to test their durability during air transport.

j. Training for device handlers, whether airline personnel or contractors, serves as an important

foundation for proper assistive device handling and stowage, reducing injury to device handlers and mitigating cases of damage to assistive devices during air travel.

k. The Department requires airlines to submit data annually regarding disability-related

complaints, including complaints related to damage to assistive devices as well as complaints related to storage and delay of assistive devices. The Department also requires large U.S. airlines to report monthly on the number of wheelchairs and scooters transported in the cargo compartment and the number of wheelchairs that were mishandled (delayed return or damaged).

l. Data regarding the transport or mishandling of other types of assistive devices, including

walkers and rollators, is not maintained by airlines or the Department or disability rights organizations.

Recommendations a. Wheelchair Passports (a.k.a. Travel Configuration Card): The Subcommittee recommends

that DOT/FDA encourage RESNA and ISO to set labeling standards for all wheelchairs and scooters, and to incorporate the labeling standards directly into Section 15 of the RESNA standards or ISO 7176-15 standard, so as to create a labeling mandate for wheelchair manufacturers on any new devices. Further, these labeling standards should include the

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identification of securement points for both transit (ANSI/RESNA WC-19 and ISO 7176-19) and non-transit compliant wheelchairs.

b. Wheelchair and Scooter Handling Checklists/Forms: As an industry best practice, the

Subcommittee encourages airlines to develop and offer device handling forms to passengers with wheelchairs and scooters to be completed before travel. The Subcommittee does not suggest any specific items or elements that must be included in such forms to provide airlines with the flexibility to tailor the forms to their particular operational needs. The Subcommittee has included in Appendix A examples of existing mobility aid handling checklists that may be used as a guide or reference.

c. Passenger Education: The Subcommittee recommends that airlines, DOT and disability rights organizations continue educating consumers about the benefits of providing advance notice of traveling with a wheelchair or scooter, as well as sharing information about such devices with airline or contractor personnel handling the devices, such as the size and weight of the mobility aid and battery type if applicable. The Subcommittee encourages airlines, DOT and disability rights organizations to consider using different mediums to enhance or increase passenger education as well as taking a unified approach regarding passenger education as appropriate.

d. Securement: The Subcommittee recommends the adoption of the following industry best practices that will allow for the safe and proper securement of wheelchairs and scooters in the cargo compartment of aircraft. More specifically, the Subcommittee recommends:

1. Aircraft manufacturers have, as a standard feature on newly purchased aircraft, tie-

down locations in the bulk cargo compartment for the securement of wheelchairs and scooters. For containerized cargo compartments, wheelchairs and scooters are typically transported separately in a container or on a pallet.

2. Airlines have procedures and equipment in place for the strapping of wheelchairs and scooters in the cargo compartment, when tie-down locations are available in the aircraft.

3. Wheelchair manufacturers have, as a standard feature on new wheelchairs and

scooters, adequate securement points to enable airlines to effectively secure these devices in the aircraft cargo compartment within a reasonable period of time after RESNA or ISO have issued materials accompanying the travel configuration card that includes recommendations for a securement method.

4. For wheelchairs and scooters that are not transit compliant (i.e. do not meet the

requirements of ANSI/RESNA WC-19 and ISO 7176-19), RESNA should develop performance standards and/or guidance for their securement (including design and strength requirements) within an aircraft cargo compartment.

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5. Airlines secure wheelchairs or scooters transported in the aircraft cargo compartment unless: (i) there aren’t any straps or other equipment needed to secure the device, (ii) there aren’t securement points on the device, (iii) the aircraft does not have a designated location to secure the device, or (iv) the device does not fit within the aircraft cargo compartment.

e. Chair and Cargo Design: The Subcommittee recommends that a working group, led by

IATA, be established to study how battery-powered wheelchairs and scooters could best fit and be secured within the cargo compartment of narrow body aircraft and wide-bodied aircrafts. The study’s purpose is to explore innovative improvements, including the design of aircraft cargo compartments and battery-powered wheelchairs and scooters. At a minimum, study participants should include representatives from both aircraft manufacturers and device manufacturers.

f. Analysis of Data on Delayed Assistive Devices: The Subcommittee recommends that each

large U.S. airline review its mishandled (damaged, delayed or lost) wheelchair and scooter data, determine what component of this data relates to delayed wheelchairs and scooters, review the data to determine the cause of the delay, and consider actions to take to prevent or reduce incidents of delayed return of these devices to passengers with disabilities.

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Chapter 2: Damage to Assistive Devices 2.1. Legal Framework The Air Carrier Access Act (ACAA) prohibits discrimination in airline service on the basis of disability. The Department’s rule implementing the ACAA in 14 CFR Part 382 (Part 382) addresses various subjects, including the acceptance, use and stowage of wheelchairs, other mobility aids, and assistive devices. DOT requirements related to the use and stowage of assistive devices were discussed in great length during the Subcommittee’s meetings and deliberations. Under Part 382, airlines are generally required to accept a passenger’s battery-powered wheelchair or other similar mobility device, including the battery, as checked baggage unless size or airworthiness prohibits the airline from doing so. Further, airlines must allow for passengers with disabilities to provide written instructions on disassembly and reassembly of their mobility aid devices when necessary for storage or stowage during air travel. Airlines must carry out such instructions to the greatest extent possible.3 Wheelchairs, other mobility aid devices, and assistive devices must be returned to passengers in the same condition in which they were received. If a device is damaged, regular baggage liability limits do not apply to airlines. For domestic itineraries, the basis for calculating compensation owed to a passenger with a disability for a lost, damaged, or destroyed wheelchair or other assistive device is equal to the original purchase price of the device.4 For international itineraries, the provisions of the Montreal Convention, a multilateral treaty adopted by member states of the International Civil Aviation Organization (ICAO), apply. Under the Montreal Convention, airlines must pay up to a limit of 1,131 Special Drawing Rights (SDR) for an assistive device that is lost damaged or destroyed. As for reporting instances of damage, the Department requires large U.S. airlines to track and report monthly on mishandled wheelchairs and scooters that they transport in the cargo compartment. 5 Mishandled has been defined in the regulation to mean delayed, damaged, or lost. The Department makes mishandled wheelchair and scooter data available to the public through its monthly Air Travel Consumer Report (ATCR). The ATCR also contains information regarding complaints about the treatment of passengers with disabilities. 2.2. Current Challenges Damage to wheelchairs or scooters is a serious concern for passengers with disabilities traveling with these devices by air. When wheelchairs or scooters are damaged, the independence of the user is impacted as the wheelchair/scooter functions as the user’s legs. The damage often results in the passenger having to significantly change or even cancel plans upon arrival at his or her destination or at least until a replacement device can be secured.

3 See 14 CFR 382.125, 382.127, and 382.129. 4 See 14 CFR 382.129 and 382.131. 5 See 14 CFR 234.

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The Subcommittee recognizes that there may be instances where a wheelchair or scooter cannot safely fit on the aircraft or the weight of the wheelchair or scooter may violate certain weight and balance safety requirements. Wheelchairs and scooters are not specially designed or tested for transportation in aircraft. Further, the dimensions of cargo doors on many single-aisle aircrafts and some wide-bodied aircraft may be too small to permit a battery-powered wheelchair or scooter to be carried in an upright position into the cargo compartment. If an airline tries to load a battery-powered wheelchair or scooter by placing it on its side or by forcing it through the cargo door, this can result in damage to the device or to the aircraft. These challenges are exacerbated when there is inadequate information or instructions on how to properly and safely handle and stow the devices during travel. Without this information, a handler may inadvertently damage the device when moving, loading, and stowing the device in the aircraft. Today, some airlines provide device handling checklists and forms that passengers may complete before travel to obtain this information. Lack of advance notice was also mentioned and discussed as a problem to planning the necessary logistics in advance and providing passengers with disabilities information on travelling with their wheelchairs and scooters. 2.3. Basis for Recommendations 2.3.1. Wheelchair Passports (a.k.a. Travel Configuration Card) The Subcommittee considered the work of the Canadian Transportation Agency (CTA) and its International Working Group (IWG) on standards and improvements for the transportation of mobility devices. CTA’s IWG proposed several ideas including “mobility aid passports,” standard wheelchair checklists for airlines, and potential training modules and best practices as a means to improve the experience of persons with disabilities travelling by air with mobility aid devices in the near term. The Subcommittee discussed whether it should move forward with similar recommendations or actions in order to help reduce instances of damage to wheelchairs and other assistive devices during air travel. It was unanimously agreed by the Subcommittee that such “wheelchair passports,” also referred to as “travel configuration cards,” would be beneficial for device handlers as this would provide them key device information, such as device dimensions and disassembly instructions, directly on the wheelchairs and scooters to better enable them to safely handle these devices. These cards or labels would ensure that this information always travels with the device. In the CTA’s Final Report6, the following items were mentioned as potential elements to include on such wheelchair passports:

• Owner Contact Information • Mobility Aid Manufacturer supplied information, such as:

o Model Number and Serial Number o Weight (with batteries and without batteries)

6 DR. K.M. HUNTER-ZAWORSKI, P.E., MOBILITY AIDS AND AIR TRAVEL FINAL REPORT (prepared for the Canadian Transportation Agency, 2019) (Can.), available at https://otc-cta.gc.ca/eng/publication/mobility-aids-and-air-travel-final-report.

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o Mobility Aid Dimensions (including any after-market dimensions) o Battery, number, type and methods of disconnecting or powering off battery

for safe transport o Lifting and tie-down points (with photos) o Instructions on safe disassembly and reassembly

RESNA has been working separately to further develop these cards and may include these elements as part of its new labeling standards. The content of the travel configuration cards has not yet been finalized. The Subcommittee understands that RESNA’s work on its travel configuration card is projected to be finished in the second or third quarter of 2021. As RESNA’s work in this area is still on-going, the Subcommittee explored all options to ensure that recommendations for labeling standards and wheelchair passports can be put into effect as soon as possible. The Subcommittee reached out to representatives of the U.S. Food and Drug Administration (FDA), which plays a major role in clearing and approving medical devices and wheelchairs for market in the United States. The FDA’s relevant regulations for power wheelchairs can be found at 21 CFR Part 890.3860. The FDA representatives explained that the agency requires controls as specified in the Code of Federal Regulations (CFR) for each device type. For example, 21 CFR 890.3860(b) (Powered Wheelchair), a Class II device, product code ITI, specifies performance testing to support a determination of “substantial equivalence” to an already legally marketed device for clearance through the FDA’s 510(k) process7, which is necessary before marketing and commercializing a new wheelchair. The FDA recommends the use of FDA Recognized Consensus standards, such as the RESNA standards, to which manufacturers should test their devices when demonstrating that a new device is safe and effective; however, such FDA Recognized Consensus standards are recommended, not mandatory. Regardless, manufacturers that market devices in the United States generally choose to follow the recommended FDA Recognized Consensus standards, which are posted in the Product Classification database for a particular device’s product code. Based on the above, the Subcommittee decided to recommend amendments to RESNA’s standards (specifically, Section 15) to incorporate the wheelchair passport labeling requirements as this would likely be viewed as a mandatory standard that chair manufacturers must meet for

7 A manufacturer who intends to market certain medical devices intended for human use, such as wheelchairs, in the United States, for which a Premarket Approval application (PMA) is not required, generally must submit a 510(k) (or “premarket notification submission”) to the FDA. The submission must be made to the FDA at least 90 days before introducing a device into interstate commerce for commercial distribution. The submission allows the FDA to determine whether the device meets certain criteria necessary for market clearance, which includes deciding if the device is “substantially equivalent” to an already legally marketed device. The device cannot be commercialized until the FDA issues 510(k) clearance. For more information, including a discussion on the meaning of “substantial equivalence”, please see further information on the FDA’s web site at https://www fda.gov/medical-devices/premarket-submissions/premarket-notification-510k#se.

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all new devices.8 Alternatively, the ISO 7176-15 standard could also be amended, as this is the equivalent international standard for wheelchairs.9 Recommendation: The Subcommittee recommends that DOT/FDA encourage RESNA and ISO to set labeling standards for all wheelchairs and scooters, and to incorporate the labeling standards directly into Section 15 of the RESNA standards or ISO 7176-15 standard, so as to create a labeling mandate for wheelchair manufacturers on any new devices. Further, these labeling standards should include the identification of securement points for both transit (ANSI/RESNA WC-19 and ISO 7176-19) and non-transit compliant wheelchairs.10 2.3.2. Wheelchair and Scooter Handling Checklists/Forms Wheelchair and scooter handling checklists, which are also mentioned in the CTA’s Final Report, were discussed by the Subcommittee as a separate option to help reduce instances of damage to assistive devices during air transport. The Subcommittee found that such checklists are already widely used in the industry as multiple large US airlines offer these forms to passengers for completion during the booking process (and may also be available on other parts of the airlines’ websites). Subcommittee members shared and examined existing checklists and forms from Delta Air Lines and Alaska Airlines (attached in Appendix A), which include fields such as device dimensions when folded, battery type, list of removable parts, and recommendations for lifting points and brake release location. Airline representatives explained that the information on these checklists can be crucial to determining how to safely handle a unique battery-powered wheelchair or scooter and whether the device can fit safely on a given aircraft. Subcommittee members unanimously agreed that such forms are valuable for proper handling and stowage and should be recommended as a best practice for airlines. However, the Subcommittee declined to specify what needs to be included on such forms. During the Subcommittee’s discussions, airlines voiced concerns with mandating a standardized form, as airlines desire the flexibility to tailor the form to an airline’s operational needs. The Subcommittee also found that passengers with disabilities sometimes choose not to complete these forms even when made available to them, but passenger education efforts may help to increase response rates.

8 AMERICAN NATIONAL STANDARD FOR WHEELCHAIRS (VOLUME 1), Sec. 15 (REHABILITATION ENGINEERING AND ASSISTIVE TECH. SOC’Y OF NORTH AM. 2009). Section 15 specifically covers “Requirements for Information Disclosure, Documentation and Labeling.” 9 WHEELCHAIRS — PART 15: REQUIREMENTS FOR INFORMATION DISCLOSURE, DOCUMENTATION AND LABELLING, Sec. 7167-15 (INT’L ORG. FOR STANDARDIZATION 1st ed. 1996). 10 After the Subcommittee voted on this issue, a representative of aircraft manufacturers requested that the following information, at a minimum, be included in the device labeling: identification of acceptable tie-down features (including specifications of allowable tie-down load and directional load restrictions), device weight, and center of gravity (CG). Center of gravity should cover any alternate configurations (such as major elements that can be removed) where the CG would be affected. Further, it was suggested that instructions and any handling considerations for the device should also be included (when applicable).

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Recommendation: As an industry best practice, the Subcommittee encourages airlines to develop and offer device handling forms to passengers with wheelchairs and scooters to be completed before travel. The Subcommittee does not suggest any specific items or elements that must be included in such forms to provide airlines with the flexibility to tailor the forms to their particular operational needs. The Subcommittee has included in Appendix A examples of existing mobility aid handling checklists that may be used as a guide or reference. 2.3.3. Passenger Education The Subcommittee found that passenger education plays an important role in ensuring that assistive devices are properly handled during transportation and in enabling airlines to plan appropriately for the accommodation of larger or multiple wheelchairs and scooters. While passenger education in this area does already exist, the Subcommittee unanimously agreed that there is opportunity for continued growth and improvement. In general, it is important for passengers to have and to share accurate information about their assistive devices. Device information, such as length and width dimensions, battery type and information, weight, and instructions for assembly/disassembly, is vital for airlines to understand how to stow an assistive device safely and properly, but passengers may not always know this information or have it readily available. Each assistive device can be unique and can create operational challenges during loading and off-loading. For example, airlines may experience stowage complications when accommodating one or more battery-powered wheelchairs or scooters on a single-aisle aircraft. Further, a passenger who uses a wheelchair that weighs more than 400 pounds may create weight and balance issues when traveling with their device on smaller aircraft. Airlines rely on passengers to provide them with timely and accurate information about these assistive devices. Missing relevant information from passengers can result in damage to the device, missed flights and/or injuries to airline operational staff due to the heavy weight and dimensions of the mobility aid itself. The Subcommittee found that advance notice then becomes especially important to airlines so that they can plan for such situations. Smaller airports with fewer resources benefit greatly from advance notice provided by passengers travelling with battery-powered wheelchairs and scooters. Accordingly, the Subcommittee considered recommending an amendment to the advance notice provision in the Department’s ACAA regulation, 14 CFR Part 382.27, to allow for airlines to require 48-hour advance notice for passengers travelling with wheelchairs or scooters on any single-aisle aircraft if the reservation is made more than 48 hours prior to the flight’s departure. However, several Subcommittee members were concerned that advance notice may be burdensome to passengers and could unintentionally result in a passenger being denied boarding simply for failing to provide timely advance notice before travel. As a result, the Subcommittee unanimously agreed to only recommend the development of further passenger education on the benefits of advance notice and the importance of sharing accurate device information with airlines, especially for wheelchairs and scooters. This recommendation is meant to be a collaborative group effort carried out by the US airlines, DOT and disability rights organizations.

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Recommendation: The Subcommittee recommends that airlines, DOT and disability rights organizations continue educating consumers about the benefits of providing advance notice of traveling with a wheelchair or scooter, as well as sharing information about such devices with airline or contractor personnel handling the devices, such as the size and weight of the mobility aid and battery type if applicable. The Subcommittee encourages airlines, DOT and disability rights organizations to consider using different mediums to enhance or increase passenger education as well as taking a unified approach regarding passenger education as appropriate. 2.3.4. Securement The Subcommittee found that securement points play an important role in ensuring that wheelchairs, especially battery-powered wheelchairs, remain safely in place when stowed in the aircraft cargo compartment. Accordingly, the Subcommittee dedicated a substantial amount of time to discussing potential recommendations related to industry securement practices, which included hearing presentations from outside experts. During the Subcommittee’s third meeting, Dr. Kate Hunter-Zaworski, who previously carried out extensive work and research in relation to securement and design of wheelchairs, shared major challenges and limitations that she discovered during her work experiences. Such challenges included findings that some carriers do not purchase or use any securement or strapping equipment at all and that Medicare previously did not cover “additional options” on battery-powered wheelchair purchases, which included tie-down modifications for transit purposes. IATA then provided additional background and information on a recently published guidance document,11 which identifies some best and worst practices for the securement and handling of battery-powered wheelchairs. IATA’s recommended best practices include, but are not limited to, the following:

• Use tie-down points on chairs when available; • Secure mobility aids using the base frame; • Remove fragile parts from the mobility aid and allow for the passenger to carry

them in cabin; • Avoid unnecessary tilting of the mobility aid; and • Avoid over tightening of tie-down straps or other securing devices

While these best practices can be helpful and appear to be shared by some airlines with their handling agents, it is unclear if such practices are reinforced with airline staff and contractors (for example, by means of reminder information cards). As these practices were discussed in more detail, wheelchair manufacturers informed the Subcommittee that while almost all new battery-powered wheelchairs are equipped with transit tie-downs for securement, these tie-downs are not specifically designed or tested to any standard related to air travel. Instead, such tie-downs and transportation brackets are intended for the

11 Int’l Air Transp. Association (IATA), Battery Powered Wheelchair and Mobility Aid Guidance Document (2019), available at https://www.iata.org/contentassets/6fea26dd84d24b26a7a1fd5788561d6e/mobility-aid-guidance-document-2019-en.pdf.

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purpose of securing chairs and their users in place while seated in an automobile. It was determined that the most rigorous automobile testing standard, WC-19, is likely more than what should be necessary for adequate strapping in the cargo compartment of an aircraft as that testing is meant for individuals to travel on their wheelchairs.12 Further, WC-19 options are not always purchased by wheelchair users as it may be expensive and is an optional feature. Lesser securement practices also exist in the industry, but it is unclear whether any would be a good fit for the purposes of air travel and securement in the cargo compartment. Scooters, on the other hand, are not typically equipped with securement tie-downs or brackets as these devices are not usually meant to be used as a seat during automobile transportation. Further, even if securement points are present, they likely do not meet the stricter requirements set forth under WC-19. The Subcommittee concluded that it would be beneficial for RESNA or ISO to clarify technical requirements and the purpose for securement points so that device manufacturers can design new options specifically for scooters for air travel. In regards to manual wheelchairs, wheelchair manufacturers asserted that securement points should not be made mandatory, and should be left as an optional feature, as they can add cost that is often not covered by insurance and can add weight, particularly on lightweight manual wheelchairs. Further, manual wheelchairs are generally transported in the aircraft cabin, either in the closet or through a seat strapping method, so this feature may be less useful. There was a general view that securement tie-downs should remain optional for new manual wheelchair purchases. As for securement locations in the aircraft cargo compartment, the Subcommittee’s aircraft manufacturer representative informed the Subcommittee that two major manufacturers already include tie-down locations in bulk cargo compartments as a standard feature in new aircraft models and one manufacturer has it available as an optional feature, meaning that airlines need to exercise the option to purchase tie-down locations affirmatively. Further, older aircraft models for all manufacturers may be missing these tie-down options in the bulk cargo compartments. Standardized containers and unit load devices (ULDs) were also considered by the Subcommittee. Such containers and ULDs are commonly used in wide-bodied aircraft to load and secure larger items such as wheelchairs and scooters. When used, these containers are loaded by using a track system on the cargo floor. With the possible exception of Airbus A320 series aircraft, cargo compartments in single-aisle aircraft generally are not large enough to accommodate these containers nor do they have a track system to accommodate the containers. Also, it can take several minutes to properly pack and unpack the contents in containers, which may lead to delays in timely returning assistive devices to passengers upon arrival. The Subcommittee chose not to make recommendation related to the use of these containers. Instead, the Subcommittee considered and reached unanimous agreement on securement options and practices for wheelchairs and scooters when they are not transported in a container or on a pallet.

12 AMERICAN NATIONAL STANDARD FOR WHEELCHAIRS (VOLUME 4), Sec. 19 (REHABILITATION ENGINEERING AND ASSISTIVE TECH. SOC’Y OF NORTH AM. 2017). Section 19 specifically covers “Wheelchairs Used as Seats in Motor Vehicles.”

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Recommendation: The Subcommittee recommends the adoption of the following industry best practices that will allow for the safe and proper securement of wheelchairs and scooters in the cargo compartment of aircraft. More specifically, the Subcommittee recommends:

1. Aircraft manufacturers have, as a standard feature on newly purchased aircraft, tie-down locations in the bulk cargo compartment for the securement of wheelchairs and scooters. For containerized cargo compartments, wheelchairs and scooters are typically transported separately in a container or on a pallet.

2. Airlines have procedures and equipment in place for the strapping of wheelchairs and

scooters in the cargo compartment, when tie-down locations are available in the aircraft.

3. Wheelchair manufacturers have, as a standard feature on new wheelchairs and

scooters, adequate securement points to enable airlines to effectively secure these devices in the aircraft cargo compartment within a reasonable period of time after RESNA or ISO have issued materials accompanying the travel configuration card that includes recommendations for a securement method.13

4. For wheelchairs and scooters that are not transit compliant (i.e. do not meet the

requirements of ANSI/RESNA WC-19 and ISO 7176-19), RESNA should develop performance standards and/or guidance for their securement (including design and strength requirements) within an aircraft cargo compartment.

5. Airlines secure wheelchairs or scooters transported in the aircraft cargo compartment

unless: (i) there aren’t any straps or other equipment needed to secure the device, (ii) there aren’t securement points on the device, (iii) the aircraft does not have a designated location to secure the device, or (iv) the device does not fit within the aircraft cargo compartment.

13 After the Subcommittee voted on this issue, a representative of wheelchair manufacturers suggested that the language of the recommendation be revised so as to “offer” adequate securement points on new wheelchairs and scooters. The representative stated that manufacturers need flexibility on how to price such new features because it is currently unknown how much added cost they will be and whether third party payers will pay for these additional features.

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Chapter 3: Stowage of Battery-Powered Wheelchairs and Scooters 3.1. Legal Framework The ACAA prohibits discrimination in air transportation by U.S. and foreign air carriers. Specific provisions regarding the responsibility of airlines to carry and stow assistive devices on aircraft are in the Department’s ACAA rule – 14 CFR Part 382. Part 382 requires airlines to permit passengers with disabilities to bring wheelchairs, mobility aids, and other assistive devices on to the aircraft for priority stowage in the cabin so long as such devices can be stowed in a manner consistent with safety and security requirements.14 If a wheelchair exceeds the available stowage space in the cabin, but can fit if wheels or other components are removed without the use of tools, then the airline must remove the applicable components and stow the wheelchair in the designated space.15 Airlines are required to stow assistive devices in the baggage compartment of an aircraft if an approved stowage area is not available in the cabin or the device cannot fit in the cabin.16 Such devices, including wheelchairs, scooters, and other mobility aids, must be given priority over other cargo and baggage. However, if a device still cannot be transported in this manner due to its size or for other safety concerns, then the airline is not required to transport it. Further, wheelchairs, mobility aids, and other assistive devices must be checked and timely returned to passengers as close as possible to the door of the aircraft upon arrival. In order to provide timely return, airlines must ensure that these devices are among the first items to be retrieved and unloaded from the cargo compartment.17 Section 382.127 defines specific requirements for battery-powered mobility aids.18 These devices must be accepted as checked baggage, including the battery, so long as baggage compartment size and aircraft airworthiness considerations do not prohibit airlines from doing so. Airlines may require passengers with disabilities that will be transporting battery-powered wheelchairs or scooters to check in one hour prior to the check-in time for the general public. 3.2. Current Challenges The Subcommittee focused its discussions on the stowage of larger assistive devices, such as wheelchairs and scooters, in the cargo compartment of aircraft. The Subcommittee heard multiple presentations describing common aircraft cargo compartments (including weight and balance considerations), types of wheelchairs and scooters used by individuals with disabilities and relevant constraints when travelling with them, and dimension limitations for cargo doors for several different types of aircraft. Airlines described situations where the size and weight of battery-powered wheelchairs or scooters may raise logistical difficulties in transporting the

14 See 14 CFR 382.121. 15 See 14 CFR 382.123. 16 See 14 CFR 382.125. 17 Id. 18 See 14 CFR 382.127.

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device in the cargo compartment of certain aircraft due to the cargo door size, weight and balance issues, or other safety concerns. These challenges are more prevalent for smaller, single-aisle aircraft. Airlines currently make efforts to ensure that larger assistive devices can travel on the same flight when feasible. There was a discussion of steps airlines have taken in the past to ensure passengers are able to travel with their wheelchairs such as disassembling certain components of the wheelchairs, deploying specialized equipment and ramps to assist in the handling and loading of very heavy devices, and seeking other flight options for passengers that can safely accommodate both the person and the assistive device. Even with such efforts, the accommodation of an assistive device can be impractical or impossible if it cannot fit on the types of aircraft operated by the carrier. For example, smaller airlines may not have a diverse fleet of aircraft with varying cargo door and compartment sizes. In such situations, a passenger’s options for alternative travel arrangements via air may be limited and/or require new flight bookings. 3.3. Basis for Recommendations 3.3.1. Passenger Options When a Wheelchair Cannot Be Transported Safely on a Flight The Subcommittee explored options to address instances when a passenger’s assistive device does not fit or cannot be safely carried on his/her flight. Specifically, there was a discussion of the CTA regulation19, which states that if a carrier is unable to transport a passenger’s mobility aid device on a flight, then that carrier is required to advise that passenger of alternative trips provided by the same carrier to the same destination and offer booking for no additional cost (if desired). As this regulation just recently went into effect in 2020, it is still unclear how well this has been working for passengers with a disability. Some members of the Subcommittee voiced concerns that a similar rule, if adopted in the United States, may not actually help to address this specific problem, as some carriers may operate limited fleets of aircraft, or one type of aircraft, with similar cargo doors and cargo compartments. This led to a discussion of whether airlines should be required to offer passengers, at no additional cost, flights on another airline that is able to transport the passenger and his or her wheelchair or scooter. Concerns were expressed by some that such a requirement would be costly and complex for the airlines as it would necessitate airlines coordinating and reimbursing other airlines for transporting a passenger and his or her mobility aid device. Some Subcommittee members, including representatives of airlines, indicated that, while they oppose a requirement to transport passengers and their mobility aid on another airline, they would support a best practice proposal that would call for airlines to use their best efforts to accommodate a passenger with a disability and his or her mobility aid device on another flight offered by that same airline (if available). Disability advocates and others, on the other hand, preferred a mandate that if a carrier is unable to transport a passenger’s mobility aid device on a flight, then that carrier transport that passenger and his or her wheelchair or scooters on another flight of the

19 Accessible Transportation for Persons with Disabilities Regulations, SOR/2019-244 (Can.).

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same carrier if available or seek out accommodations with other airlines if necessary. The Subcommittee members ultimately were unable to reach an agreement on a recommendation for this topic. No Recommendation 3.3.2. Chair and Cargo Design The Subcommittee also considered recommendations regarding design requirements for aircraft cargo compartments, cargo doors and wheelchairs and scooters, in order to address current stowage issues. In doing so, the Subcommittee’s aim was to potentially increase the ability of airlines to transport large or multiple battery-powered wheelchairs and/or scooters on a flight. The Subcommittee found that single-aisle aircraft may encounter stowage issues as they generally have smaller cargo doors, smaller cargo compartments and experience weight and balance issues when transporting heavy loads. These issues are less prevalent in wide-bodied aircraft, although there are still limitations based on cargo door sizes for a few specific wide-bodied aircraft models. Wheelchair manufacturers considered reviewing data from their previous wheelchair sales to determine common device dimensions based on past sales, with the goal of cross-comparing the dimensions of the wheelchairs that had been sold with the dimensions of aircraft cargo door commonly seen in aircraft fleets for the major U.S. carriers in order to estimate the universe of wheelchairs in use that could fit into aircraft cargo holds. However, it was concluded that such data was difficult to sort and that the dimensions of each wheelchair can widely vary based on the user and custom wheelchair features. Ultimately, the Subcommittee unanimously agreed that further research and analysis would be highly beneficial to determine what can be done to better accommodate one or more wheelchairs and scooters within the cargo compartments of all aircraft types. The Subcommittee reached out to IATA to serve as the lead party for a working group and study, and IATA agreed to do so. Recommendation: The Subcommittee recommends that a working group, led by IATA, be established to study how battery-powered wheelchairs and scooters could best fit and be secured within the cargo compartment of narrow body aircraft and wide-bodied aircraft. The study’s purpose is to explore innovative improvements, including the design of aircraft cargo compartments and battery-powered wheelchairs and scooters. At a minimum, study participants should include representatives from both aircraft manufacturers and device manufacturers.

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Chapter 4: Delay of Assistive Devices 4.1. Legal Framework The Department’s rule defining the rights of passengers and the obligations of airlines under the ACAA addresses the timely return to passengers of wheelchairs and other assistive devices that are stowed in the baggage compartment of aircraft.20 It requires airlines to provide for the checking and timely return of wheelchairs, other mobility aids, and assistive devices to passengers as close as possible to the door of the aircraft, so that passengers may use their own equipment to the extent possible. In order to achieve timely return of wheelchairs and mobility aid devices, such devices must be among the first items retrieved and unloaded from the baggage compartment. Currently, some data on delayed wheelchairs and scooters is available. The Department requires large U.S. airlines to track and report monthly on mishandled wheelchairs and scooters that they transport in the cargo compartment. 21 Mishandled has been defined in the regulation to mean delayed, damaged, or lost. The Department makes mishandled wheelchair and scooter data available to the public through its monthly Air Travel Consumer Report (ATCR). The ATCR also contains information regarding complaints about the treatment of passengers with disabilities. Further, the Department requires airlines to submit annual data concerning disability-related complaints that they receive, including complaints related to damage to assistive devices and complaints related to storage and delay of assistive devices.22 4.2. Current Challenges Subcommittee members, including disability advocates, noted that complaints filed with DOT and airlines regarding delayed return of assistive devices are relatively low in number. However, the Subcommittee acknowledged that passengers with disabilities do not always file complaints when problems occur. Further, these events can be extremely frustrating when they do occur. A Subcommittee airline representative indicated that Delta recently invested in new scanning technologies and processes to enhance device tracking and to reduce assistive device return delays. The airline members of the Subcommittee noted that there can at times be challenges with returning assistive devices at destination airports due to the size and weight of such devices and the equipment available at the given airport. They explained that not all airports are well equipped to handle large devices and stated that airport design can also create logistical issues for carriers. The Subcommittee learned that some airlines implement best practices to help mitigate return delays, including instituting policies where wheelchairs are loaded last and unloaded first from the cargo compartment. The Subcommittee members found that available data, by itself, on mishandled and delayed devices may not be that useful in explaining the underlying cause(s) of delays. Certain members also asserted that airlines may not analyze data to understand the root cause behind the delayed

20 See 14 CFR 382.125. 21 See 14 CFR 234. 22 See 14 CFR 382.157.

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return of wheelchairs or scooters to passengers as this is not required by DOT. Further, it was noted that passengers do not always report or file a complaint when the return of their wheelchair or scooter has been delayed so airlines may not be aware of the extent of the problem. 4.3. Basis for Recommendations 4.3.1. Analysis of Data on Delayed Assistive Devices Under the Department’s current rules, large U.S. airlines are already required to collect and report monthly data on mishandled wheelchairs and scooters transported in the cargo compartment of aircraft. However, such data is not currently broken down in a manner that displays the portion of this data relating to delayed wheelchairs and scooters. The Subcommittee unanimously agreed that this subset of data could be very valuable in determining any underlying issues that may be preventing passengers from timely receiving their assistive devices upon landing. The Subcommittee agreed that the recommended analysis should be done internally by the airlines and should not require further reporting with the Department or any other party. The Subcommittee also agreed that once the data analysis has been completed, airlines should then consider and implement solutions to reduce or eliminate delays. Recommendation: The Subcommittee recommends that each large U.S. airline review its mishandled (damaged, delayed or lost) wheelchair and scooter data, determine what component of this data relates to delayed wheelchairs and scooters, review the data to determine the cause of the delay, and consider actions to take to prevent or reduce incidents of delayed return of these devices to passengers with disabilities.

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Chapter 5: Training 5.1. Legal Framework The Department requires U.S. and foreign air carriers to provide initial and recurrent disability-related training for its employees and contractors who interface with the public.23 In general, the training requirements differ depending on whether the employee is a Complaints Resolution Official (CRO) or a non-CRO public contact employee. Airlines must ensure that all personnel (both employees and contractors) who deal with the travelling public are trained to proficiency as appropriate to their duties on the requirements of Part 382 and relevant airline procedures, such as the proper and safe operation of equipment used to accommodate passengers with a disability, the use of boarding and deplaning assistance equipment, and procedures that safeguard the safety and dignity of passengers. When developing training programs and policies and procedures, airlines are required to consult with organizations representing persons with disabilities. Airlines must provide initial training for public contact employees within 60 days after the date on which they assume their duties and refresher training at least once every three years. Airline CROs, on the other hand, must be trained to proficiency on the entirety of Part 382 and the duties of a CRO before assuming their duties, and must receive refresher training annually. Additionally, carriers are required to incorporate procedures implementing the requirements of Part 382 in manuals or other instructional materials for personnel providing services to passengers, including pilots, flight attendants, ticket counter personnel, gate agents, ramp and baggage handling personnel, and passenger service office personnel. These records must be retained for review by DOT upon request, and individual employee training records must be retained for three years. 5.2. Current Challenges The Subcommittee members discussed training of airline employees and contractors who handle assistive devices. All U.S. carriers and foreign air carriers that operate flights to and from the U.S. appear to have disability-related training programs, with some variations in content and format. For example, hands-on training of airline employees and contractors who handle assistive devices may not be widely practiced. Airlines indicated that such training is often expensive and difficult to coordinate. Disability advocates believed that trainings for individuals who handle wheelchairs and scooters should be more robust and conducted at a higher frequency to reduce instances of damaged and delayed assistive devices. In order to gather more detailed information for the Advisory Committee on current airline training practices, the airlines representative of the ACAA Advisory Committee distributed a survey to U.S. and foreign air carriers to collect data on training frequency, format, and challenges. Once the Department received this information, the relevant response data was aggregated and presented to the Subcommittee for consideration.

23 See 14 CFR 382.141, 382.143, and 382.145.

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The survey included a question on the current challenges that airlines face when providing hands-on training with regards to loading, stowing, and unloading wheelchairs. The most universal challenges noted by the airlines included: lack of resources and training equipment for station specific trainings; no guarantees of on-the-job training, as this can depend on the frequency of guests travelling with wheelchairs; and the inability to train on unlimited variations of options for devices used by passengers. However, several of the other surveyed airlines indicated that they were not currently experiencing any challenges when providing hands-on training. The survey results also showed that most of the airlines provide initial and recurrent training on stowage methods in the cabin and cargo compartment, proper identification and handling of batteries, and the requirement to consult with passengers for disassembly and reassembly instructions. Initial training for airline personnel tends to be conducted in-person, while several airlines utilize computer or web-based training for recurrent trainings. Training may also be provided in other formats such as bulletins, newsletters, and other written materials, but this is less common. 5.3. Basis for No Recommendation The Subcommittee agreed that training for device handlers, whether airline personnel or contractors, serves as an important foundation for proper assistive device handling and stowage, reducing injury to device handlers and mitigating cases of damage to assistive devices during air travel. However, after discussing and reviewing the results of the airline training survey, the Subcommittee did not identify any suggested improvements or a need for amendment to the current DOT regulations on airline accessibility training. The Subcommittee noted the importance of airlines continuing with their initial, recurrent, and other accessibility trainings for relevant personnel but did not suggest any regulatory changes at this time. No Recommendation

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APPENDIX A

Examples of Wheelchair and Scooter Handling

Checklists/Forms

A Report on Stowage of Assistive Devices

Documents

Transcript of A Report on Stowage of Assistive Devices