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Airlines filed a case against the US Department of TransportClaiming parts of a 2024 rule for the protection of wheelchairs users in planes are regulatory “excessive”. The rule sets a strict fine for airlines that have damaged or lost mobility aids. According to DOT, the airlines are incorrect over 11,500 wheelchairs and scooters in 2023.
Several basic airlines have caused the Ministry of Transport rule, which protects the users of wheelchairs during flights.
Five carriers – American, Delta, Jetblue, Southwest and United Airlines – and lobbying airlines for America (A4A) filed a lawsuit to the US Court of Appeal for the 5th round on Tuesday, arguing parts of a DOT term issued by the Baiden Administration They were “illegal” on Tuesday last year.
The rule established the standards for airlines for passengers with wheelchairs, including penalties for airlines that lose or damage mobility aids and improvements to how to get on the users of wheelchairs on aircraft.
Dot claims that the mandate provides for the most large expansion of passengers who have been using wheelchairs since 2008. The rule states that any damage or delay in the return of a wheelchair is an automatic violation of the Air Carrier Act Act, which prohibits discrimination based on damage.
Airlines claim that parts of the rule are excessive, especially how it determines discrimination. Petitioners claim that an example of a properly stored wheelchair is damaged by extreme turbulence or is unable to accommodate a wheelchair in loads are not acts of discrimination.
“Progress has been achieved in four key areas aimed at improving travel experience for mobility aids – reducing wheelchair management cases, enhancing training and educational programs for employee, formation of accessible passengers and accessible groups Helping on -board research studies for accessibility, “A4A A4A speaker said Fortune in a statement. The group said it did not dispute the whole rule.
“It is important to note that although we always support the wheelchair rule, as reflected in our comments, some provisions of the final rule go beyond the DOT legal authority, violate the Administrative Procedure Act and represent a regulatory overcoming by the administration of Biden , “The statement continued.
Most of the airlines refused requests for comment, referring to the A4A statement instead. Jetblue and Dot did not answer FortuneRequests for comment.
The history of airlines for the abuse of wheelchairs
About 5.5 million Americans are users of wheelchairs, but in 2023 the airlines are incorrectly incorrect at 11,527 wheelchairs, according to DOT DATA. The rule of the Biden era has imposed a steep fine of up to $ 124,000 for airlines that violate the guidelines.
“We are really trying to clarify that just like a number of other passenger protection required by the rule and the law, to take care of the right wheelchairs and the passengers to use them is basic and required,” said the then Transport Secretary Pete Botiggg In front of reporters, when the rule was proposed last February. “And there are consequences for airlines that do not.”
In October, DOT sanctioned American Airlines $ 50 million after an investigation found that the carrier between 2019 and 2023 had repeatedly disturbed wheelchairs or delayed their return to passengers as well as wounded passengers as a result of “dangerous physical aid”. A 2023 video, quoted by DOT, shows an airline worker who sends a wheelchair down while unloading luggage, which causes him to collapse and roll over.
Samantha Jade Duran, a defender of people with disabilities, who worked with Motigig in the creation of the rule, said many airlines still did not act in the interest of their disabled customers. In 2017, Durán’s wheelchair was damaged during a flight after being put in a load.
“The airlines have neglected our mobility aids, spoke of our disabilities, as they are a burden, and put profits over our main safety,” Duran said on Social media on Thursday in response to the airline’s lawsuit. “We deserve better.”
This story was originally presented on Fortune.com