FAA 14 CFR PART 382-2011 NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL《根据航空旅行残疾的不歧视原则》.pdf

1、404 14 CFR Ch. II (1111 Edition) 381.13 381.13 Price increases. (a) Should the tour operator increase a participants tour price by more than 10 percent (aggregate of all increases to that participant), that participant shall have the option of canceling his or her participation in the tour and re-ce

2、iving a full refund within 14 days after the cancellation. (b) The tour operator shall not in-crease the tour price to any participant less than ten days before departure. PART 382NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL Subpart AGeneral Provisions Sec. 382.1 What is the purpose of

3、 this part? 382.3 What do the terms in this rule mean? 382.5 When are U.S. and foreign carriers re-quired to begin complying with the pro-visions of this part? 382.7 To whom do the provisions of this part apply? 382.9 What may foreign carriers do if they believe a provision of a foreign nations law

4、conflicts with compliance with a pro-vision of this part? 382.10 How does a carrier obtain a deter-mination that it is providing an equiva-lent alternative to passengers with dis-abilities? Subpart BNondiscrimination and Access to Services and Information 382.11 What is the general nondiscrimina-tio

5、n requirement of this part? 382.13 Do carriers have to modify policies, practices, and facilities to ensure non-discrimination? 382.15 Do carriers have to make sure that contractors comply with the require-ments of this part? 382.17 May carriers limit the number of pas-sengers with a disability on a

6、 flight? 382.19 May carriers refuse to provide trans-portation on the basis of disability? 382.21 May carriers limit access to transpor-tation on the basis that a passenger has a communicable disease or other medical condition? 382.23 May carriers require a passenger with a disability to provide a m

7、edical certifi-cate? 382.25 May a carrier require a passenger with a disability to provide advance no-tice that he or she is traveling on a flight? 382.27 May a carrier require a passenger with a disability to provide advance no-tice in order to obtain certain specific services in connection with a

8、flight? 382.29 May a carrier require a passenger with a disability to travel with a safety assistant? 382.31 May carriers impose special charges on passengers with a disability for pro-viding services and accommodations re-quired by this rule? 382.33 May carriers impose other restric-tions on passen

9、gers with a disability that they do not impose on other passengers? 382.35 May carriers require passengers with a disability to sign waivers or releases? Subpart CInformation for Passengers 382.41 What flight-related information must carriers provide to qualified individuals with a disability? 382.4

10、3 Must information and reservation services of carriers be accessible to indi-viduals with hearing impairments? 382.45 Must carriers make copies of this part available to passengers? Subpart DAccessibility of Airport Facilities 382.51 What requirements must carriers meet concerning the accessibility

11、 of air-port facilities? 382.53 What information must carriers give individuals with a vision or hearing im-pairment at airports? 382.55 May carriers impose security screen-ing procedures for passengers with dis-abilities that go beyond TSA require-ments or those of foreign governments? 382.57 What

12、services must carriers provide if their automated kiosks are inaccessible? Subpart EAccessibility of Aircraft 382.61 What are the requirements for mov-able aisle armrests? 382.63 What are the requirements for acces-sible lavatories? 382.65 What are the requirements con-cerning on-board wheelchairs?

13、382.67 What is the requirement for priority space in the cabin to store passengers wheelchairs? 382.69 What requirements must carriers meet concerning the accessibility of vid-eos, DVDs, and other audio-visual pres-entations shown on- aircraft to individ-uals who are deaf or hard-of-hearing? 382.71

14、What other aircraft accessibility re-quirements apply to carriers? Subpart FSeating Accommodations 382.81 For which passengers must carriers make seating accommodations? 382.83 Through what mechanisms do car-riers make seating accommodations? VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Fr

15、m 00414 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-405 Office of the Secretary, DOT 382.3 382.85 What seating accommodations must carriers make to passengers in ci

16、r-cumstances not covered by 382.81 (a) through (d)? 382.87 What other requirements pertain to seating for passengers with a disability? Subpart GBoarding, Deplaning, and Connecting Assistance 382.91 What assistance must carriers pro-vide to passengers with a disability in moving within the terminal?

17、 382.93 Must carriers offer preboarding to passengers with a disability? 382.95 What are carriers general obligations with respect to boarding and deplaning assistance? 382.97 To which aircraft does the require-ment to provide boarding and deplaning assistance through the use of lifts apply? 382.99

18、What agreements must carriers have with the airports they serve? 382.101 What other boarding and deplaning assistance must carriers provide? 382.103 May a carrier leave a passenger un-attended in a wheelchair or other device? 382.105 What is the responsibility of carriers at foreign airports at whic

19、h airport oper-ators have responsibility for enplaning, deplaning, and connecting assistance? Subpart HServices on Aircraft 382.111 What services must carriers provide to passengers with a disability on board the aircraft? 382.113 What services are carriers not re-quired to provide to passengers wit

20、h a disability on board the aircraft? 382.115 What requirements apply to on- board safety briefings? 382.117 Must carriers permit passengers with a disability to travel with service animals? 382.119 What information must carriers give individuals with vision or hearing im-pairment on aircraft? Subpa

21、rt IStowage of Wheelchairs, Other Mobility Aids, and Other Assistive Devices 382.121 What mobility aids and other assist-ive devices may passengers with a dis-ability bring into the aircraft cabin? 382.123 What are the requirements con-cerning priority cabin stowage for wheel-chairs and other assist

22、ive devices? 382.125 What procedures do carriers follow when wheelchairs, other mobility aids, and other assistive devices must be stowed in the cargo compartment? 382.127 What procedures apply to stowage of battery-powered mobility aids? 382.129 What other requirements apply when passengers wheelch

23、airs, other mobility aids, and other assistive devices must be disassembled for stowage? 382.131 Do baggage liability limits apply to mobility aids and other assistive devices? 382.133 What are the requirements con-cerning the evaluation and use of pas-senger-supplied electronic devices that assist

24、passengers with respiration in the cabin during flight? Subpart JTraining and Administrative Provisions 382.141 What training are carriers required to provide for their personnel? 382.143 When must carriers complete train-ing for their personnel? 382.145 What records concerning training must carrier

25、s retain? Subpart KComplaints and Enforcement Procedures 382.151 What are the requirements for pro-viding Complaints Resolution Officials? 382.153 What actions do CROs take on com-plaints? 382.155 How must carriers respond to writ-ten complaints? 382.157 What are carriers obligations for recordkeepi

26、ng and reporting on dis-ability-related complaints? 382.159 How are complaints filed with DOT? APPENDIX A TO PART 382REPORT OF DIS-ABILITY-RELATED COMPLAINT DATA APPENDIX B TO PART 382CROSS-REFERENCE TABLE AUTHORITY: 49 U.S.C. 41705. SOURCE: Docket OST200419482, 73 FR 27665, May 13, 2008, unless oth

27、erwise noted. Subpart AGeneral Provisions 382.1 What is the purpose of this part? The purpose of this Part is to carry out the Air Carrier Access Act of 1986, as amended. This rule prohibits both U.S. and foreign carriers from discrimi-nating against passengers on the basis of disability; requires c

28、arriers to make aircraft, other facilities, and services accessible; and requires carriers to take steps to accommodate passengers with a disability. 382.3 What do the terms in this rule mean? In this regulation, the terms listed in this section have the following mean-ings: Air Carrier Access Act o

29、r ACAA means the Air Carrier Access Act of 1986, as VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-406

30、 14 CFR Ch. II (1111 Edition) 382.3 amended, the statute that provides the principal authority for this part. Air transportation means interstate or foreign air transportation, or the transportation of mail by aircraft, as defined in 49 U.S.C. 40102. Assistive device means any piece of equipment tha

31、t assists a passenger with a disability to cope with the ef-fects of his or her disability. Such de-vices are intended to assist a passenger with a disability to hear, see, commu-nicate, maneuver, or perform other functions of daily life, and may include medical devices and medications. Battery-powe

32、red mobility aid means an assistive device that is used by individ-uals with mobility impairments such a wheelchair, a scooter, or a Segway when it is used as a mobility device by a person with a mobility-related dis-ability. Carrier means a U.S. citizen (U.S. carrier) or foreign citizen (foreign ca

33、rrier) that undertakes, directly or indirectly, or by a lease or any other arrangement, to engage in air trans-portation. Commuter carrier means an air taxi operator as defined in 14 CFR part 298 that carries passengers on at least 5 round trips per week on at least one route between two or more poi

34、nts ac-cording to its published flight sched-ules that specify the times, days of the week and places between which those flights are performed. CPAP machine means a continuous positive airway pressure machine. Department or DOT means the United States Department of Transportation. Direct threat mea

35、ns 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. Equivalent alternative means a policy, practice, or other accommodation that provides substantially equivalent

36、 ac-cessibility to passengers with disabil-ities, compared to compliance with a provision of this Part. Expected maximum flight duration means the carriers best estimate of the total duration of the flight from departure gate to arrival gate, includ-ing taxi time to and from the termi-nals, based on

37、 the scheduled flight time and factors such as (a) wind and other weather conditions forecast; (b) antici-pated traffic delays; (c) one instrument approach and possible missed approach at destination; and (d) any other condi-tions that may delay arrival of the air-craft at the destination gate. FAA

38、means the Federal Aviation Ad-ministration, an operating administra-tion of the Department of Transpor-tation. Facility means a carriers aircraft and any portion of an airport that a carrier owns, leases, or controls (e.g., struc-tures, roads, walks, parking lots, ticketing areas, baggage drop-off a

39、nd retrieval sites, gates, other boarding locations, loading bridges) normally used by passengers or other members of the public. High-contrast captioning means cap-tioning that is at least as easy to read as white letters on a consistent black background. Indirect carrier means a person not di-rect

40、ly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a car-rier. Individual with a disability means any individual who has a physical or men-tal impairment that, on a permanent or temporary basis, substantially l

41、im-its one or more major life activities, has a record of such an impairment, or is regarded as having such an impair-ment. As used in this definition, the phrase: (a) Physical or mental impairment means: (1) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affec

42、ting one or more of the following body systems: neuro-logical, musculoskeletal, special sense organs, respiratory including speech organs, cardio-vascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or (2) Any mental or psychological dis-order, such as mental

43、retardation, or-ganic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impair-ment includes, but is not limited to, VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on

44、DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-407 Office of the Secretary, DOT 382.7 such diseases and conditions as ortho-pedic, visual, speech, and hearing im-pairments; cerebral palsy, epilepsy, muscular dystrophy, multipl

45、e sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug ad-diction, and alcoholism. (b) Major life activities means func-tions such as caring for ones self, per-forming manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (c) Has a rec

46、ord of such impairment means has a history of, or has been classified, or misclassified, as having a mental or physical impairment that substantially limits one or more major life activities. (d) Is regarded as having an impairment means: (1) Has a physical or mental impair-ment that does not substa

47、ntially limit major life activities but that is treated by an air carrier as constituting such a limitation; (2) Has a physical or mental impair-ment that substantially limits a major life activity only as a result of the atti-tudes of others toward such an impair-ment; or (3) Has none of the impair

48、ments set forth in this definition but is treated by an air carrier as having such an im-pairment. On-demand air taxi means an air taxi operator that carries passengers or property and is not a commuter carrier as defined in this section. PHMSA means the Pipeline and Haz-ardous Materials Safety Admi

49、nistra-tion, an operating administration of the Department of Transportation. POC means portable oxygen concen-trator. Qualified individual with a disability means an individual with a disability (a) Who, as a passenger (referred to as a passenger with a disability), (1) With respect to obtaining a ticket for air transportation on a carrier, of-fers, or makes a good faith attempt to offer, to purchase or otherwise validly to obtain such a ticket