[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR382.31]

[Page 418]
 
                     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. 382.31  Refusal of transportation.


    (a) Unless specifically permitted by a provision of this part, a 
carrier shall not refuse to provide transportation to a qualified 
individual with a disability on the basis of his or her disability.
    (b) A carrier shall not refuse to provide transportation to a 
qualified individual with a disability solely because the person's 
disability results in appearance or involuntary behavior that may 
offend, annoy, or inconvenience crewmembers or other passengers.
    (c) A carrier shall not refuse to provide transportation to 
qualified individuals with a disability by limiting the number of such 
persons who are permitted to travel on a given flight.
    (d) Carrier personnel, as authorized by 49 U.S.C. 1511, 14 CFR 91.8, 
or 14 CFR 121.533, may refuse to provide transportation to any passenger 
on the basis of safety, and may refuse to provide transportation to any 
passenger whose carriage would violate the Federal Aviation Regulations. 
In exercising this authority, carrier personnel shall not discriminate 
against any qualified individual with a disability on the basis of 
disability and their actions shall not be inconsistent with the 
provisions of this part. In the event that such action is inconsistent 
with the provisions of this part, the carrier shall be subject to 
remedies provided under Sec. 382.65.
    (e) When a carrier refuses to provide transportation to any person 
on a basis relating to the individual's disability, the carrier shall 
specify in writing to the person the basis for the refusal, including, 
where applicable, the reasonable and specific basis for the carrier's 
opinion that transporting the person would or might be inimical to the 
safety of the flight. This written explanation shall be provided within 
10 calendar days of the refusal of transportation.