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/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. SHHH 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 SHHH Doing for You to Improve Access to Air Travel?
SHHH is advocating to improve access to air travel through membership on two airline advisory committees - Delta and Northwest Airlines.
SHHH is working with the DOT in formulating more specific Air Carrier Access regulations for travelers with hearing loss
SHHH 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.
SHHH presented recommendations at the Air Transportation Association (ATA) Forum on improving access for travelers with disabilities held in Washington, D.C. (November 1999)
SHHH 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.