Some New Accessible Air Travel Rules Are Paused: Here’s What That Means for Travelers with Disabilities

The Air Carrier Access Act (ACAA) is a key federal law that establishes the right to air travel for people with disabilities and requires airlines to provide assistance and accommodations. The US Department of Transportation (DOT) is responsible for enforcing the law.

Danica Gonzalves

Since it was passed in 1986, the ACAA has been updated several times, most recently with the 2024 Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs (Wheelchair Rule). This rule establishes new regulations to protect the safety and dignity of passengers with disabilities and strengthen protections for mobility equipment handled by airlines.

In February 2025, the trade group Airlines for America and five major air carriers filed a federal lawsuit challenging the final rule.

“A group of major airlines is arguing that certain provisions are unlawful and overreaching,” says Danica Gonzalves, Senior Advocacy Attorney at Paralyzed Veterans of America (PVA).

Specifically, they argue that:

• The “rebuttable presumption” clause is unfair. Under the 2024 rule, any wheelchair returned damaged is automatically presumed to be the airline’s fault. Airlines claim this strips them of their legal right to defend themselves if damage occurs due to circumstances outside of their control.
• Financial compensation burdens are too high. They object to provisions requiring airlines to refund fare differences if a passenger’s wheelchair physically cannot fit into a specific aircraft cabin or cargo hold and the passenger has to book an alternate flight.

“The legal case has been put on hold, and the DOT is anticipated to put out new proposed rulemaking in the future,” Danica says. “Most of the Wheelchair Rule provisions are already in effect, and airlines must comply.”

However, enforcement of some provisions has been paused while the DOT considers the issues raised in the lawsuit and drafts an updated rule.

Here’s what this means for air travelers and how MDA continues to advocate for accessible air travel.

DOT pause extended

Earlier this year, the DOT announced the enforcement pause would last through Dec. 31, 2026, and they anticipated releasing an updated Wheelchair Rule II before the end of the year. But in August, the DOT extended the pause to April 30, 2027.

This means that the following provisions of the Wheelchair Rule will not be fully enforced until late April 2027 at the earliest:

• Airline liability when passenger wheelchairs or other assistive devices are not returned in the condition in which they were received
• Predeparture notifications to passengers who check wheelchairs or scooters
• Frequency of training for airline employees and contractors
• Refunding fare difference when a passenger must choose a different flight so their wheelchair or scooter fits on the airplane

What the paused provisions mean, in plain language

Airline liability: Airlines must pay when they damage wheelchairs

According to the DOT, the pause applies only to the “rebuttable presumption” clause — the part of the rule that says airlines are presumed responsible for damage to mobility devices in their care. That provision means that if a wheelchair or scooter is checked in undamaged and returned to the passenger damaged, everyone can assume that the airline caused it. There is no exception for “acts of God” beyond their control, such as bad weather.

The DOT is not enforcing that part of the rule. Instead, the department will continue to enforce airlines’ liability for damaged wheelchairs as it did before the December 2024 Wheelchair Rule. This means an airline is responsible for paying to repair or replace a wheelchair or scooter up to the original purchase price if the airline caused the damage.

It is extremely important to document the condition of your equipment before you hand it to the airline and after you receive it in case you need to file a claim for damage. Before departure, take a 360-degree video of your wheelchair as it is currently operating, capturing how it is functioning. Then, upon arrival and retrieving your wheelchair, fully inspect your device for any damage, testing the same functions as before. If you find any damage, document it with photos and videos and ensure timestamps are included.

Predeparture notifications: It’s up to passengers to know their rights and how to submit a complaint

The DOT has paused enforcement of several rules about giving passengers important notifications:

• Airlines must inform passengers who check wheelchairs or scooters in writing, in an accessible format, about their rights to file complaints and damage claims and how to contact a Complaint Resolution Official (CRO) before they depart.
• Airlines must notify passengers, before the airplane door closes, whether their mobility equipment has been loaded in the plane’s cargo compartment.
• If their device could not fit because of its size or weight, the airline must offer to let the passenger get off the plane and rebook them on the next available flight, at no additional cost.
• Airlines must notify passengers when their equipment has been unloaded from the cargo compartment upon arrival.

Without these notifications, it’s up to passengers flying with mobility equipment to educate themselves about their rights and what they can do when issues occur.

“I think all passengers should know that airlines are required to have a Complaint Resolution Official at the airport who is trained on disability related air travel issues,” Danica says. “If you have issues at the airport, you should always request to speak to the CRO.”

Airline CROs must be available in person or by phone at every airport an airline serves, during all operating hours.

Even if an issue is resolved at the airport, Danica encourages people to file a complaint with the airline and the DOT. You can call the DOT Office of Aviation Consumer Protection (OACP) Disability Hotline at 800-778-4838 or submit a complaint online with the DOT.

Frequency of training: Better training rules are in place, but the timing is in limbo

The Wheelchair Rule includes important improvements to training for airline personnel and contractors who assist passengers with disabilities or who load, unload, and handle wheelchairs and scooters, including:

• Training for people who interact with the public must include awareness of different types of disabilities and appropriate ways to communicate with passengers with disabilities.
• Training for people who physically assist passengers and handle equipment must be in person and hands-on — not just a video.
• Trainees should have the opportunity to practice real-life scenarios in a controlled environment before being allowed to assist passengers.
• Trainees must pass competency assessments or certification exams.

While airlines are expected to provide this training, rules on when staff must complete it and how often they must take refresher training are still being decided.

In addition, in the August announcement, the DOT added an enforcement pause on a rule regarding accessible lavatory training frequency. The rule requires flight attendants to receive annual training on retrieving, assembling, stowing, and using the on-board wheelchair, plus training on lavatory accessibility features. Newer airplanes with more than one aisle are required to have an accessible lavatory and an on-board wheelchair. The DOT is now reconsidering how often training is required.

Refunding fare difference: It’s worth requesting a refund

This whole provision is paused. It applies when a passenger cannot choose the flight they want because their wheelchair or scooter will not fit in the cabin or cargo compartment for that flight. (Cabin and cargo capacity vary based on the airplane model and configuration of the cabin.) The provision says that if the passenger has to book a more expensive flight to accommodate their wheelchair or scooter, the airline must refund the fare difference.

This rule is published, even though enforcement is delayed. According to experts, anyone who has to book a more expensive flight to fit their mobility equipment should send the airline’s customer service department a written request for the fare difference. If the DOT does not issue a new rule, this rule will go into effect after the pause ends, and the airline may be required to honor the refund request.

MDA’s Advocacy efforts

With the busy holiday travel season, MDA’s Advocacy team is keeping an eye on the latest policy developments in accessible air travel.

Over the past year, MDA has taken several actions to safeguard the protections that have already been secured for passengers with disabilities, especially those who use wheelchairs and scooters.

MDA strongly supports the Air Carrier Access Amendments Act of 2026 (ACAAA), a bill introduced in June 2026. This bill would:

• Strengthen enforcement of the ACAA by requiring civil penalties for violations
• Strengthen the DOJ’s ability to address patterns of discrimination
• Establish a private right of action that permits passengers to file a legal complaint directly against an airline responsible for injury, damage, and other ACAA violations

In July, Mindy Henderson, MDA’s Vice President of Disability Outreach & Empowerment and Quest Media Editor-in-Chief, joined other MDA representatives who met with lawmakers in Washington, DC, to ask them to support the ACAAA.

In 2025, MDA staff and advocates met with Gregory Cote, now the DOT’s Principal Deputy General Counsel, to share concerns about delayed enforcement of the Wheelchair Rule and the need for greater safety and protections for air travelers with disabilities in the neuromuscular community. The DOT shared that it was committed to upholding the ACAA and enforcing all areas not included in the pause.

MDA also joined PVA and other leading disability, veteran, and health organizations in a letter urging the DOT to maintain the provisions of the Wheelchair Rule and refrain from imposing any new regulatory burdens on passengers with disabilities. Gregory Cote responded that the DOT would carefully consider our comments in determining how to proceed with rulemaking, and MDA intends to be fully engaged in the notice and comment period.

What you can do

You can help MDA and our partners in the disability community advocate for safer, more accessible air travel. How?

• Join the MDA Action Network and take action when you receive alerts.
• Share your air travel stories with MDA’s Advocacy team.
• Educate yourself about your rights while traveling and how to assert them.
• Stay informed with the latest Quest Media content about accessible air travel.