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 G—Boarding, Deplaning, and Connecting Assistance

14 C.F.R. § 382.91

What assistance must carriers provide to passengers with a disability in moving within the terminal?

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(a) As a carrier, you must provide or ensure the provision of assistance requested by or on behalf of a passenger with a disability, or offered by carrier or airport operator personnel and accepted by a passenger with a disability, in transportation between gates to make a connection to another flight. If the arriving flight and the departing connecting flight are operated by different carriers, the carrier that operated the arriving flight (i.e., the one that operates the first of the two flights that are connecting) is responsible for providing or ensuring the provision of this assistance, even if the passenger holds a separate ticket for the departing flight. It is permissible for the two carriers to mutually agree that the carrier operating the departing connecting flight (i.e., the second flight of the two) will provide this assistance, but the carrier operating the arriving flight remains responsible under this section for ensuring that the assistance is provided.

(b) You must also provide or ensure the provision of assistance requested by or on behalf of a passenger with a disability, or offered by carrier or airport operator personnel and accepted by a passenger with a disability, in moving from the terminal entrance (or a vehicle drop-off point adjacent to the entrance) through the airport to the gate for a departing flight, or from the gate to the terminal entrance (or a vehicle pick-up point adjacent to the entrance after an arriving flight).

(1) This requirement includes assistance in accessing key functional areas of the terminal, such as ticket counters and baggage claim.

(2) This requirement also includes a brief stop upon the passenger's request at the entrance to a rest room (including an accessible rest room when requested). As a carrier, you are required to make such a stop only if the rest room is available on the route to the destination of the enplaning, deplaning, or connecting assistance and you can make the stop without unreasonable delay. To receive such assistance, the passenger must self-identify as being an individual with a disability needing the assistance.

(c) As a carrier at a U.S. airport, you must, on request, in cooperation with the airport operator, provide for escorting a passenger with a service animal to an animal relief area provided under § 382.51(a)(5) of this part.

(d) As part of your obligation to provide or ensure the provision of assistance to passengers with disabilities in moving through the terminal (e.g., between the terminal entrance and the gate, between gate and aircraft, from gate to a baggage claim area), you must assist passengers who are unable to carry their luggage because of a disability with transporting their gate-checked or carry-on luggage. You may request the credible verbal assurance that a passenger cannot carry the luggage in question. If a passenger is unable to provide credible assurance, you may require the passenger to provide documentation as a condition of providing this service.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2013–2022 · leading case: Michelle Gilstrap v. United Air Lines, Inc., 709 F.3d 995 (9th Cir. 2013).
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Michelle Gilstrap v. United Air Lines, Inc., 709 F.3d 995 (9th Cir. 2013). “The regulations spell out in detail that air carriers must provide assistance when a passenger with a disability requests it for moving “between gates to make a connection to another flight,” 14 C.F.R. § 382.91 (a); “moving from the terminal entrance (or a vehicle drop-off point…”
Blackwell v. Panhandle Helicopter, Inc., 94 F. Supp. 3d 1205 (D. Or. 2015). “91 (a); “moving from the terminal entrance (or a vehicle diop-off point adjacent to the entrance) through the airport to the gate for a departing flight, or from the gate to the terminal entrance (or a vehicle pick-up point adjacent to the entrance after arriving flight),”…”
Armstrong v. Hawaiian Airlines, Inc. (D. Haw. 2019). · cites it 4× “” 14 C.F.R. § 382.91 (d). Subsection (d) indeed appears to exclude a mandate that airlines assist disabled passengers with moving their checked bags (unless the bags were gate-checked) throughout airport terminals.”
Ramos v. Jetblue Airways Corp. (D.N.J. 2022). · cites it 3× “§ 41705 (the “ACAA”), and the related federal regulation, 14 C.F.R. § 382.91 . On March 4, 2022, JetBlue, with Port Authority’s consent, filed its notice of removal based on federal question jurisdiction, 28 U.”
Tripolone v. United Air Lines, Inc. (N.D.N.Y. 2020). “14 CFR 382.91(a). Plaintiff argues that “there is a genuine issue of material fact as to who the operating carrier for the flight from Fayetteville to Dulles” was, United or CommutAir, and thus it is unclear who was responsible for providing Plaintiff assistance.”
Rodriguez- Simmiolkjier v. U.S. Gov't (D.V.I. 2022). “§ 76 and the Air Carrier Access Act (“ACAA”), 14 C.F.R. § 382.91 . ¶ 1. She alleged that she was traveling through LaGuardia airport in New York on JunIde 20, 2019, after having been discharged from the hospital on June 18 and was “very weak.”
— 14 C.F.R. § 382.91(a) — 1 case
Tripolone v. United Air Lines, Inc. (N.D.N.Y. 2020). “14 CFR 382.91(a). Plaintiff argues that “there is a genuine issue of material fact as to who the operating carrier for the flight from Fayetteville to Dulles” was, United or CommutAir, and thus it is unclear who was responsible for providing Plaintiff assistance.”
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