Wheelchair Service in Airport Terminal. Window View with Sunlight.
Airlines for America and five U.S. airlines are asking an appellate court to “hold unlawful and set aside” the rules for wheelchair handling put in place at the end of 2024.
The airlines are looking to strike down another commercial aviation rule that was set during the Biden administration.
In a petition to the Fifth Circuit U.S. Court of Appeals, Airlines for America, American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, and United Airlines are asking a court to rule the federal regulation “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs” as unlawful.
Airlines Claim Transportation Department Acted Outside of Authority
The final ruling which created the current rules for handling wheelchairs went into effect on December 16, 2024, as one of the final acts of the Biden administration under Transportation Secretary Pete Buttigieg. The federal regulation required airlines to offer “assistance provided in a manner that respects a passenger’s independence, autonomy, and privacy,” while creating new rights for those who have a mobility device mishandled or damaged while in the possession of the airline.
However, Airlines for America and the carriers believe that the law was implemented unlawfully. In their two-page brief to the Court of Appeals, the group claims that “provisions of the Rule exceed DOT’s statutory authority and the Rule violates the Administrative Procedure Act.” Specifically, their complaint alleges that the rulemaking was “in excess of statutory…authority” or “without observance or procedure required by law.”
Flyers rights were a major focus for the Transportation Department under Buttigieg, who also spearheaded several other initiatives. Under his leadership, the DOT created rules requiring airlines to allow families to sit together without additional seat selection fees, refund flyers for certain fees due to flight cancellation, and began a probe of the major airlines’ loyalty programs.
The move by the airlines is the second time they are trying to get the White House and courts to change regulations from the last administration. Airlines for America has also asked the Trump Administration to reconsider a proposed rule which would make airlines pay passengers for a “controllable” flight delay.
