[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR382.39]

[Page 400-401]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL--Table of Contents
 
                  Subpart C--Requirements for Services
 
Sec. 382.39  Provision of services and equipment.

    Carriers shall ensure that qualified individuals with a disability 
are provided the following services and equipment:
    (a) Carriers shall provide assistance requested by or on behalf of 
qualified individuals with a disability, or offered by air carrier 
personnel and accepted by qualified individuals with a disability, in 
enplaning and deplaning. The delivering carrier shall be responsible for 
assistance in making flight connections and transportation between 
gates.
    (1) This assistance shall include, as needed, the services personnel 
and the use of ground wheelchairs, boarding wheelchairs, on-board 
wheelchairs where provided in accordance with this part, and ramps or 
mechanical lifts.
    (2) Boarding shall be by level entry boarding platforms or 
accessible passenger lounges, where these means are available. Where 
these means are not available, carriers shall use ramps, mechanical 
lifts, or other suitable devices (not normally used for freight) for 
enplaning and deplaning qualified individuals with a disability who need 
them. Such devices shall be maintained in proper working order. In no 
case shall carrier personnel be required to hand-carry a passenger in 
order to provide boarding assistance (i.e., directly to pick up the 
passenger's body in the arms of one or more carrier personnel to effect 
a level change the passenger needs to enter or leave the aircraft). 
Requirements for providing boarding assistance to aircraft with 30 or 
fewer seats are found in Sec. 382.40.
    (3) Carriers shall not leave a handicapped passenger unattended in a 
ground wheelchair, boarding wheelchair, or other device, in which the 
passenger is not independently mobile, for more than 30 minutes.
    (b) Carriers shall provide services within the aircraft cabin as 
requested by or on behalf of individuals with a disability, or when 
offered by air carrier personnel and accepted by individuals with a 
disability as follows:
    (1) Assistance in moving to and from seats, as part of the enplaning 
and deplaning processes;
    (2) Assistance in preparation for eating, such as opening packages 
and identifying food;
    (3) If there is an on-board wheelchair on the aircraft, assistance 
with the use of the on-board wheelchair to enable the person to move to 
and from a lavatory;
    (4) Assistance to a semiambulatory person in moving to and from the 
lavatory, not involving lifting or carrying the person; or
    (5) Assistance in loading and retrieving carry-on items, including 
mobility

[[Page 401]]

aids and other assistive devices stowed on board in accordance with 
Sec. 382.41.
    (c) Carriers are not required to provide extensive special 
assistance to qualified individuals with a disability. For purposes of 
this section, extensive special assistance includes the following 
activities:
    (1) Assistance in actual eating;
    (2) Assistance within the restroom or assistance at the passenger's 
seat with elimination functions;
    (3) Provision of medical services.

[55 FR 8046, Mar. 6, 1990, as amended by Amdt. 6, 61 FR 56422, 56423, 
Nov. 1, 1996; 62 FR 17, Jan. 2, 1997]