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 US 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 or 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 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.
SHHH 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 Rulemakingto 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.
