The Department of Transportation announced a new rule that aims to protect travelers who rely on mobility devices has been finalized.

According to the DOT, the rule addresses many pain points for disabled travelers and has provisions including increased penalties for mishandled mobility devices, new training requirements for airline employees who work with disabled travelers and improved standards for onboard assistive devices.

During a sitdown interview with YSL News, Transportation Secretary Pete Buttigieg said the rule is a major step forward for disabled travelers.

“A rule that makes good on the requirement of safe and importantly dignified air travel for wheelchair users is, I think, much needed,” Buttigieg said. “Something that may sound a little more technical, but the vendor piece where you, the passenger, get to pick the vendor versus being at the mercy of the airline is very important.”

According to the DOT’s statistics, airlines damage or destroy 10,000-15,000 mobility devices every year, a rate of about 1.4% in 2023.

Although airlines have been improving in this regard, travelers and advocates told YSL News during a year-long project in 2023 that even a single incident of wheelchair damage is one too many, and serious damage is akin to breaking a disabled passenger’s legs.

“I’d really like that to be recognized, that it’s not property damage, it’s like an injury to me,” Teresa Nguyen told YSL News after her wheelchair was damaged on a United Airlines flight. “I have brittle bones as a disability and truly it feels like I’ve been recovering from two broken femurs.”

Many advocates said it creates an extra layer of complication when passengers have to go through an airline’s preferred vendor for repairs or replacement rather than working directly with their own mobility device supplier.

“This experience that advocates and friends of mine have had is if an airline mangles your wheelchair, that doesn’t just ruin your trip, that ruins your every day for every day until it’s fixed,” Buttigieg said. “A lot of people have a wheelchair that’s not just a generic wheelchair you can get off the shelf,” so working with a company with their specs is particularly important.

In addition to vendor choice, the DOT said the new rule will allow for increased penalties like the $50 million fine levied against American Airlines for wheelchair damages earlier this year.

Advocates have also repeatedly told YSL News that airline employee training is a major area of concern, so the rule’s requirement for better training both for employees who interact with disabled passengers directly, including assisting in seat-to-wheelchair transfers, as well as for employees who handle mobility devices during loading and unloading of baggage, is likely to be a welcome development.

What does the new DOT wheelchair rule say?

These are the major provisions of the new rule, which goes into effect on Jan. 16. Some provisions have a later implementation deadline.

• Safe, dignified and prompt assistance: Airlines are required to provide individuals with assistance that does not put them at higher risk of injury, for example, during transfers between their wheelchair and the plane, and in a manner that respects their independence, autonomy and privacy. Airlines are also required to promptly board, deplane and facilitate connecting flights for passengers with disabilities, and the passenger’s personal wheelchair must be available as close to the aircraft door as possible upon request.
• Enhanced training: Airline employees and contractors who physically assist disabled passengers or handle their mobility devices will be required to undergo annual hands-on training.
• Rebuttable presumption: The rule clarifies that airlines are assumed to be at fault when a passenger’s mobility device is returned with damage after a flight.
• Passenger notifications: Airlines are required to provide certain information prior to departure, upon arrival, and after a mobility device is mishandled related to what a passenger is entitled to if their device is damaged and when their mobility device is loaded and unloaded from the aircraft.
• Aircraft cargo hold information: Airlines are required to publish relevant dimensions of their cargo hold doors and storage areas for all aircraft in their fleets.
• Prompt return of delayed mobility devices: Airlines are required to deliver a passenger’s wheelchair to them within 24 hours of domestic flights and international flights of 12 hours or less. Airlines have 30 hours to return a mobility device to passengers on international flights of more than 12 hours. Passengers are entitled to choose between picking their wheelchair up at the airport or having it delivered to them.
• Ground transportation reimbursement: Airlines are required to reimburse passengers for ground transportation costs incurred as a result of the airline delaying their mobility device.
• Prompt repair or replacement of damaged mobility devices: Airlines are required to provide passengers with a timeline for inspecting their devices after a flight and filing a claim for mishandling. Airlines must also offer the option of the company coordinating repair or replacement or the passenger working with their preferred vendor directly at the airline’s cost.
• Loaner accommodations: Airlines are required to pay for loaner mobility equipment while a mishandled device is repaired or replaced. The loaner equipment must fit the passenger’s functional and safety needs as much as possible.
• Reimbursement of fare difference: When a passenger’s wheelchair does not fit on all aircraft flying a certain route, airlines must reimburse the fare difference between the cheapest itinerary available and the cost a passenger paid to fly on a workable aircraft on the same day and along the same route.
• Rebooking requirements: Airlines are required to disembark and rebook passengers at no additional cost if their wheelchairs are not properly loaded onto their scheduled flight, or if their mobility device does not fit in the cargo area.
• Airport seating: Airlines are required to consult with disability rights organizations and create safe waiting areas at airports for passengers to utilize when their mobility devices are delayed.
• Onboard wheelchairs: Airlines will be required to improve their onboard wheelchairs on various plane types in the coming years.