[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: 14CFR382.39]

[Page 422-423]
 
                     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 loading bridges or accessible 
passenger lounges, where these means are available. Where these means 
are unavailable, assistance in boarding aircraft with 30 or fewer 
passenger seats shall be provided as set forth in Sec. 382.40, and 
assistance in boarding aircraft with 31 or more seats shall be provided 
as set forth in Sec. 382.40a. In no case shall carrier personnel hand-
carry a passenger in order to provide boarding or deplaning assistance 
(i.e., directly pick up the passenger's body in the arms of one or more 
carrier personnel to effect a change of level that the passenger needs 
to enter or leave the aircraft). Hand-carrying of passengers is 
permitted only for emergency evacuations.
    (3) Carriers shall not leave an individual with a disability 
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 aids and other assistive devices stowed on board in accordance 
with Sec. 382.41.

[[Page 423]]

    (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; 66 FR 22115, May 3, 2001]