Authorized by the Air Carrier Access Act , U.S. Department of Transportation Wants Airline Lavatories to Be Bigger for Wheelchair Users.

While celebrating the 33rd Anniversary of the passing of the Americans with Disabilities Act, U.S. Department of Transportation (DOT) has issued a new rule to improve accessibility in air travel, including requiring airlines to install Lavatories , those can accommodate wheelchair users.

U.S. Department of Transportation (DOT) press release read,

On the 33rd anniversary of the Americans with Disabilities Act (ADA), the U.S. Department of Transportation (DOT) today announced a new rule which requires airline lavatories to be more accessible.

U.S. Department of Transportation (DOT) also made it clear that the rulemaking is backed by the Air Carrier Access Act (ACAA), and they require airlines to ensure that at least one lavatory on new single-aisle aircraft with 125 or more passenger seats is large enough to permit a passenger with a disability (with the help of an assistant, if necessary) to approach, enter, and maneuver within the aircraft lavatory, as necessary, to use all lavatory facilities and leave by means of the aircraft's on-board wheelchair.

This rulemaking, authorized by the Air Carrier Access Act (ACAA), would require airlines to make lavatories on new single-aisle aircraft large enough to permit a passenger with a disability and attendant, both equivalent in size to a 95th percentile male, to approach, enter, and maneuver within as necessary to use the aircraft lavatory.

"July 26 marks the 33rd anniversary of the Americans with Disabilities Act (ADA). This landmark civil rights law was passed in 1990 and prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation."

Statutory Authority

• The Air Carrier Access Act (ACAA), 49 U.S.C. 41705, prohibits discrimination in airline service on the basis of disability by U.S. and foreign air carriers.
• However, it does not specify how U.S. and foreign air carriers must act to avoid such discrimination or how the Department should regulate with respect to these issues.
• The Department's authority to regulate nondiscrimination in airline service is found in the ACAA in conjunction with its rulemaking authority under 49 U.S.C. 40113, which states that the Department may take action that it considers necessary to carry out this part, including prescribing regulations.
• The Department, through reasonable interpretation of its statutory authority, has issued regulations that require carriers to provide nondiscriminatory service to individuals with disabilities.

Vice President Kamala Harris and U.S. Transportation Secretary Pete Buttigieg previewed this rule at a White House ADA Anniversary event earlier this month.

“Traveling can be stressful enough without worrying about being able to access a restroom; yet today, millions of wheelchair users are forced to choose between dehydrating themselves before boarding a plane or avoiding air travel altogether,” said U.S. Transportation Secretary Pete Buttigieg. 

“We are proud to announce this rule that will make airplane bathrooms larger and more accessible, ensuring travelers in wheelchairs are afforded the same access and dignity as the rest of the traveling public.” 

Need for a Rulemaking

• Single-aisle aircraft are increasingly being used by airlines for long-haul flights because the fuel efficiency and range of the aircraft have improved. The percentage of flights between 1,500 and 3,000 miles flown by single-aisle aircraft increased from 77 percent in 1997 to 89 percent in 2018. 

• These flights can last four or more hours. At present, there is no requirement that airlines provide accessible lavatories on single-aisle aircraft.

• Airlines are required to provide information on whether the aircraft expected to make a particular flight has an accessible lavatory to an individual with a disability who states that he or she uses a wheelchair for boarding.

• The inability to access and use the lavatory on long flights can present significant challenges to passengers with disabilities and poses a deterrent for some passengers with disabilities to traveling by air, limiting their independence and freedom to travel.

Consensus !

• On November 22, 2016, the ACCESS Advisory Committee reached consensus on recommendations for new regulatory proposals to improve the accessibility of lavatories on single-aisle aircraft.
• The accessible lavatory Term Sheet states that the proposed standards would apply to new single-aisle aircraft.
• The agreement includes recommendations for both short-term and long-term accessibility improvements.

As per U.S. Department of Transportation, announcement made Today , builds on the Biden-Harris Administration’s major investments in making infrastructure more accessible , such as:

• DOT has awarded billions of dollars through President Biden’s Bipartisan Infrastructure Law to modernize airport terminals, including adding wheelchair ramps, accessible restrooms, and more.
   
• Last December, DOT awarded nearly $700 million through its All Stations Accessibility Program to retrofit old rail and subway stations, adding elevators, ramps, and other improvements. The program, funded through the infrastructure law, is designed to improve the accessibility of transit rail stations so everyone, including people who use wheelchairs, push strollers, or cannot easily navigate stairs, can reliably access the rail systems in their communities.
   
• DOT has begun laying the preliminary groundwork for a potential future rule that would address passengers staying in their own wheelchairs when they fly.
   
• DOT is currently working on rules that would require better training for airline staff who physically assist passengers with disabilities or handle battery-powered wheelchairs or scooters.
   
• DOT is working with industry, academia, and Federal partners to ensure that the vehicles of the future – including automated vehicles, electric vehicles, and associated charging infrastructure – are designed inclusively.

Economic Impacts ?

• On the front of economic impacts due to the rule, everything depends on the extent , to which adding accessible lavatories reduces the number of passengers on flights.
• It's being understood and estimated that the effects may prompt the airlines to remove three departure seats per aircraft based on the industry feedback, although this estimate may overstate the economic effects of the rule.
• This could potentially increase the airfare that would allow airlines to offset a portion of the revenue lost from the removal of seats by passing on impacts to passengers.

The rule can be found at https://www.transportation.gov/airconsumer/latest-news and at regulations.gov, docket number DOT-OST-2021-0137.

For information about airline passenger rights, as well as DOT’s rules, guidance and orders, the Department’s aviation consumer website can be found at https://www.transportation.gov/airconsumer.