C.F.R. » Title 14 » CHAPTER II—OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) › SUBCHAPTER D—SPECIAL REGULATIONS › PART 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL › Subpart B—Nondiscrimination and Access to Services and Information

14 C.F.R. § 382.35

May carriers require passengers with a disability to sign waivers or releases?

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(a) As a carrier, you must not require passengers with a disability to sign a release or waiver of liability in order to receive transportation or to receive services or accommodations for a disability.

(b) You must not require passengers with a disability to sign waivers of liability for damage to or loss of wheelchairs or other assistive devices, or for the loss of, death of, or injury to service animals. Carriers may note pre-existing damage to an assistive device to the same extent that carriers do this with respect to other checked baggage.

Notes of Decisions
Cited in 3 cases, 1997–2001 · leading case: Tunison v. Cont'l Airlines Corp., 162 F.3d 1187 (D.C. Cir. 1998).
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Tunison v. Cont'l Airlines Corp., 162 F.3d 1187 (D.C. Cir. 1998). “The pertinent regulation, 14 C.F.R. § 382.35 , reads in relevant part as follows: (a) Except as provided in this section, a carrier shall not require that a qualified individual with a disability travel with an attendant as a condition of being provided air transportation .”
DeGirolamo v. Alitalia-Linee Aeree Italiane, S.P.A., 159 F. Supp. 2d 764 (D.N.J. 2001). · cites it 2× “14 C.F.R. § 382.35 (c). Continental does not deny that, had Continental itself applied such a rule to Plaintiff, it would have violated the ACAA regulations.”
Harris v. USAir, Inc. (D.N.H. 1997). · cites it 2× “" 14 C.F.R. § 382.35 (b) (1996). According airlines such latitude strikes the most appropriate accommodation between competing concerns for airline safety on the one hand and equal access to air transportation for the disabled on the other.”
— 14 C.F.R. § 382.35(a) — 1 case
Harris v. USAir, Inc. (D.N.H. 1997). “" 14 C.F.R. § 382.35 (b) (1996). According airlines such latitude strikes the most appropriate accommodation between competing concerns for airline safety on the one hand and equal access to air transportation for the disabled on the other.”
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