[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: 14CFR382.51]

[Page 428]
 
                     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. 382.51  Communicable diseases.

    (a) Except as provided in paragraph (b) of this section, a carrier 
shall not take any of the following actions, with respect to a person 
who is otherwise a qualified individual with a disability, on the basis 
that the individual has a communicable disease or infection:
    (1) Refuse to provide transportation to the person;
    (2) Require the person to provide a medical certificate; or
    (3) Impose on the person any condition, restriction, or requirement 
not imposed on other passengers.
    (b)(1) The carrier may take the actions listed in paragraph (a) of 
this section with respect to an individual who has a communicable 
disease or infection only if the individual's condition poses a direct 
threat to the health or safety of others.
    (2) For purposes of this section, a direct threat means a 
significant risk to the health or safety of others that cannot be 
eliminated by a modification of policies, practices, or procedures, or 
by the provision of auxiliary aids or services.
    (3) In determining whether an individual poses a direct threat to 
the health or safety of others, a carrier must make an individualized 
assessment, based on reasonable judgment that relies on current medical 
knowledge or on the best available objective evidence, to ascertain: the 
nature, duration, and severity of the risk; that the potential harm to 
the health and safety of others will actually occur; and whether 
reasonable modifications of policies, practices, or procedures will 
mitigate the risk.
    (4) In taking actions authorized under this paragraph, carriers 
shall select the alternative, consistent with the safety and health of 
other persons, that is least restrictive from the point of view of the 
passenger with the communicable disease. For example, the carrier shall 
not refuse to provide transportation to an individual if provision of a 
medical certificate or reasonable modifications to practices, policies, 
or procedures will mitigate the risk of communication of the disease to 
others to an extent that would permit the individual to travel.
    (5) If an action authorized under this paragraph results in the 
postponement of a passenger's travel, the carrier shall permit the 
passenger to travel at a later time (up to 90 days from the date of the 
postponed travel) at the fare that would have applied to the passenger's 
originally scheduled trip without penalty or, at the passenger's 
discretion, provide a refund for any unused flights, including return 
flights.
    (6) Upon the passenger's request, the carrier shall provide to the 
passenger a written explanation of any action taken under this paragraph 
within 10 days of the request.
    (c) If a qualified individual with a disability with a communicable 
disease or infection of the kind described in paragraph (b) of this 
section presents a medical certificate to the carrier, as provided in 
Sec. 382.53(c)(2), the carrier shall provide transportation to the 
individual, unless it is not feasible for the carrier to implement the 
conditions set forth in the medical certificate as necessary to prevent 
the transmission of the disease or infection to other persons in the 
normal course of a flight.

[55 FR 8046, Mar. 6, 1990, as amended by Amdt. 6, 61 FR 56423, Nov. 1, 
1996]