In a Feb. 18 petition with the U.S. Court of Appeals for the Fifth Circuit, the airlines and A4A asserted that the DOT regulations should be set aside in whole or in part because their provisions exceed the DOT’s legal authority. 

The airlines filing the petition were American, Delta, JetBlue, Southwest and United.

“It’s important to note that while we have always been supportive of a wheelchair rule as reflected in our comments, certain provisions of the final rule go beyond the DOT’s statutory authority, violate the Administrative Procedure Act and represent regulatory overreach by the Biden administration,” A4A said in a statement. “Our legal action seeks to curtail this overreach. Our action does not challenge the entire rule.”

The new regulations, which the DOT formally issued on Dec. 17, clarify the definition of a mishandled wheelchair, making it easier for the DOT to fine airlines for not returning chairs to customers in the same condition in which they were received. 

The rules also require annual training for airline workers who load wheelchairs onto aircraft or who help transport flyers in wheelchairs. Workers will have to complete their initial training prior to performing wheelchair-related duties. 

In addition, the regulations stipulate stiffer requirements on airlines for replacing or repairing damaged wheelchairs and for reuniting travelers with lost or delayed wheelchairs. They require airlines to provide prompt service for assisting travelers in wheelchairs with boarding, deplaning and making flight connections.

Regulations stipulate that airlines must prominently publish dimensions of the cargo hold, so that travelers can determine if their chair will fit onto an aircraft before they book. And they will require airlines to reimburse travelers for any fare difference when a disabled flyer must pay more to book on a plane with large enough cargo holds. 

The regulations have been largely championed by disability advocacy groups. 

Airlines have repeatedly said in recent years that they are dedicated to providing a secure experience to passengers with disabilities. 

“Passengers with disabilities represent one of the fastest growing traveler segments, and we recognize the importance of facilitating a safe, seamless journey for them,” A4A carriers said in a 2022 Commitment to Passenger Accessibility document.