Several major U.S. airlines and a key trade association have taken legal action against a rule issued by the Biden administration in December, which introduces new consumer protections for passengers who use wheelchairs. United Airlines, Delta Air Lines, American Airlines, Southwest Airlines, JetBlue Airways, and the trade group Airlines for America are challenging the rule in the 5th Circuit U.S. Court of Appeals. The regulation sets stricter standards for accommodating wheelchair passengers and mandates that airlines reimburse passengers for damages to their wheelchairs.
The rule, announced by former Transportation Secretary Pete Buttigieg, was hailed as the most significant expansion of rights for wheelchair users since 2008. It aims to make it easier for the U.S. Department of Transportation (USDOT) to hold airlines accountable for any damage to wheelchairs or delays in their return.
Airlines for America acknowledged that airlines have been making strides to improve services for passengers with disabilities, particularly since signing a commitment in 2022. However, the group stated that it is not disputing all aspects of the rule, but rather taking issue with certain provisions, arguing that they exceed the USDOT’s statutory authority, violate the Administrative Procedure Act, and constitute regulatory overreach by the Biden administration.
According to the USDOT’s regulation, airlines must return checked wheelchairs in the same condition they were received or face the presumption of responsibility, although airlines are allowed to contest this. The rule also mandates that airlines inform passengers if their wheelchairs are mishandled, provide replacement chairs, and promptly repair or replace damaged wheelchairs. Additionally, airlines must reimburse passengers for transportation costs incurred due to delays caused by the airline’s mishandling of wheelchairs.
In October, USDOT imposed a record $50 million fine on American Airlines for its treatment of disabled passengers, citing issues such as inadequate assistance and the mishandling of wheelchairs. The USDOT estimates that 5.5 million Americans use wheelchairs, and data shows that for every 100 wheelchairs or scooters transported on domestic flights, at least one is damaged, delayed, or lost.
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