49 U.S.C. § 41727 — Passenger Rights 1

Page 1171 TITLE 49—TRANSPORTATION § 41728 1 So in original. Probably should not be capitalized. 1 See Definition note below. passenger to transport a child traveling on the same flight as the passenger. (b) EXCEPTION.—Subsection (a) shall not apply in instances where the size or weight of the stroller poses a safety or security risk. (c) COVERED AIR CARRIER DEFINED.—In this section, the term ‘‘covered air carrier’’ means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code. (Added Pub. L. 115–254, div. B, title IV, § 412(a), Oct. 5, 2018, 132 Stat. 3331.) § 41727. Passenger Rights 1 (a) GUIDELINES.—The Secretary of Transpor- tation shall require each covered air carrier to submit a summarized 1-page document that de- scribes the rights of passengers in air transpor- tation, including guidelines for the following: (1) Compensation (regarding rebooking op- tions, refunds, meals, and lodging) for flight delays of various lengths. (2) Compensation (regarding rebooking op- tions, refunds, meals, and lodging) for flight diversions. (3) Compensation (regarding rebooking op- tions, refunds, meals, and lodging) for flight cancellations. (4) Compensation for mishandled baggage, including delayed, damaged, pilfered, or lost baggage. (5) Voluntary relinquishment of a ticketed seat due to overbooking or priority of other passengers. (6) Involuntary denial of boarding and forced removal for whatever reason, including for safety and security reasons. (b) FILING OF SUMMARIZED GUIDELINES.—Not later than 90 days after each air carrier submits its guidelines to the Secretary under subsection (a), the air carrier shall make available such 1- page document in a prominent location on its website. (Added and amended Pub. L. 118–63, title V, § 510(a), May 16, 2024, 138 Stat. 1193.) Editorial Notes CODIFICATION Section, as added and amended by section 510(a) of Pub. L. 118–63, is based on Pub. L. 115–254, div. B, title IV, § 429, Oct. 5, 2018, 132 Stat. 3341, which was formerly set out as a note preceding section 42301 of this title be- fore being transferred to this chapter and renumbered as this section. AMENDMENTS 2024—Pub. L. 118–63, § 510(a)(1), transferred section 429 of Pub. L. 115–254 to this chapter, renumbered it as this section, and amended style of section catchline. See Codification note above. Subsec. (a). Pub. L. 118–63, § 510(a)(2), substituted ‘‘The Secretary’’ for ‘‘Not later than 90 days after the date of enactment of this Act, the Secretary’’ in intro- ductory provisions. § 41728. Airline passengers with disabilities bill of rights (a) AIRLINE PASSENGERS WITH DISABILITIES BILL OF RIGHTS.—The Secretary of Transpor- tation shall develop a document, to be known as the ‘‘Airline Passengers with Disabilities Bill of Rights’’, using plain language to describe the basic protections and responsibilities of covered air carriers,1 their employees and contractors, and people with disabilities under section 41705. (b) CONTENT.—In developing the Airline Pas- sengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a minimum, plain language descriptions of protec- tions and responsibilities provided in law related to the following: (1) The right of passengers with disabilities to be treated with dignity and respect. (2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and con- tractor personnel. (3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices. (4) The right of passengers with disabilities to receive seating accommodations, if re- quested, to accommodate a disability. (5) The right of passengers with disabilities to receive announcements in an accessible for- mat. (6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation. (c) RULE OF CONSTRUCTION.—The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of the FAA Reauthorization Act of 2018 pursuant to any statute or regulation. (d) CONSULTATIONS.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of Transportation shall consult with stakeholders, including dis- ability organizations and covered air carriers and their contractors. (e) DISPLAY.—Each covered air carrier shall in- clude the Airline Passengers with Disabilities Bill of Rights— (1) on a publicly available internet website of the covered air carrier; and (2) in any pre-flight notifications or commu- nications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability. (f) TRAINING.—Covered air carriers and con- tractors of covered air carriers shall submit to the Secretary of Transportation plans that en- sure that employees of covered air carriers and their contractors receive training on the protec- tions and responsibilities described in the Air- line Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in sub- section (b). (Added and amended Pub. L. 118–63, title V, § 510(b), May 16, 2024, 138 Stat. 1194.)