DOT Final Rule on Single Aisle Wheelchair Lavatory Access- MANDATED because no marketplace solution

By developer • August 15, 2023
DOT Final Rule on Single Aisle Wheelchair Lavatory Access JDA Aviation Technology Solutions

ACCESS FOR THE HANDICAPPED HAS MOVED AT A GLACIER-LIKE PACE—the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, was enacted in 1986. Its mandate is a prohibition against discrimination in airline service based on disability. This Bill of Rights for the Handicapped was VERY BROAD in its definition of what changes must be issued by the Secretary of Transporation. To define the parameters of these protections, the following steps were taken by various Administartions: 

  • In 2016, the Department established the Advisory Committee on Accessible Air Transportation (ACCESS Advisory Committee or Committee) 
  • On November 22, 2016, the Committee reached consensus on recommendations for new regulatory proposals to improve the accessibility of lavatories on single-aisle aircraft 
  • In June 2019, the Department announced that the most appropriate course of action was to conduct two separate accessible lavatory rulemakings: one for short-term improvements, and one for long-term improvements.  
  • On January 2, 2020, the Department published a notice of proposed rulemaking (NPRM) relating to short-term improvements (the Part 1 NPRM). 
  • On December 16, 2021, the Department and the Architectural Transportation Barriers and Compliance Board (Access Board) held a joint public meeting to gather additional information regarding proposed improvements to the OnBoardWheelchair.  
  • In connection with this public meeting, the Department reopened the comment period for the Part 1 NPRM from December 16, 2021, to January 17, 2022.  
  • On March 28, 2022, the Department issued an NPRM regarding long-term accessibility improvements that would require airlines to install larger lavatories on certain single-aisle aircraft to permit a qualified individual with a disability to perform a seated independent (unassisted) and dependent (assisted) transfer from an OBW to and from the toilet (the Part 2 NPRM). 
  • The comment period to the Part 2 NPRM closed on May 28, 2022. 

Given very broad Congressional guidance, all of these iterations were needed to design appropriate specific rules. The patience of the ADA community was tested to the extreme.  

Final Rule Accessible Lavatories Single Aisle Aircraft – 88 FR 50020.pdf (transportation.gov) 

“Regulation is necessary BECAUSE THE PRIVATE MARKETPLACE HAS NOT MET THIS BASIC NEED FOR ACCESSIBLE LAVATORIES. While a relatively small number of single-aisle aircraft do have lavatories that approximate the size and functionality of accessible twin-aisle aircraft lavatories, the vast majority of aircraft lavatories are too small to accommodate on-board wheelchairs or attendants. While accessible lavatory options do exist in the marketplace, airlines have largely chosen to forgo them in favor of an additional row of seats or extra galley space. Existing lavatories often lack accessible features and a safe and reliable means of accessing those lavatories using an on-board wheelchair. Information regarding the accessible features of lavatories is difficult to obtain.” 

It is not intuitive whether THE PRIVATE MARKETPLACE refers to the Aircraft Manufacturers or the Airlines. What is clear is that the buyers of these airliners and the buyers of tickets have repeatedly pronounced their commitment to these essential accommodations. Here are the reports of their recognition of accessible lavatories:  

Here is a summary of the Final Rules specific requirements: 

  • Lavatory interiors — The accessible lavatory must have grab bars, accessible faucets and controls, accessible call buttons and door locks, minimum obstruction to the passage of an on-board aisle wheelchair (OBW), toe clearance, and an available visual barrier for privacy. This regulation applies to new single-aisle aircraft with 125+ seats, delivered 3 years after the effective date of the rule. Retrofitting of existing aircraft is not required, but accessibility features are required if the lavatory is replaced. 
  • On-board aisle chair improvements — The OBW must facilitate the safe transfer of the passenger to and from the aircraft seat, and have side bars sufficient to bear the load of a passenger who self-transfers. The chair must have locking wheels, and have adequate padding, supports and restraints to prevent injury during movement through the aisle. The OBW must permit partial entry into lavatory in forward position to permit transfer from OBW to toilet. The OBW must be maneuverable into the lavatory so as to completely close the lavatory door; if this is not possible in the short term when lavatories are not required to be expanded beyond current measures, airlines must provide a visual barrier upon request of the passenger. This regulation applies to all operators of aircraft with 125+ seats, and the new and improved aisle chair must be made available within 3 years after the effective date of the rule. 
  • Expanded training and information — Flight attendants must receive annual hands-on training regarding use of the OBW, stowage, and assisting passengers to/from the lavatory. Airlines must publish information regarding the accessible features of the lavatory, both on the aircraft and on its website. This regulation applies to all operators of aircraft with 60+ seats with a deadline of 3 years after the effective date of the rule. 
  • International Symbol of Accessibility — The DOT mandates that the accessibility symbol (a wheelchair icon) be removed from lavatories that cannot accommodate an assisted independent transfer from the OBW to toilet seat, however it must be applied to lavatories that can do so. This regulation applies to all operators of aircraft with 60+ seats with a deadline of 3 years after the effective date of the rule. 
  • Sharps and bio-waste disposal — Airlines must develop procedures for handling sharps and bio-waste and must inform passengers of those procedures on request. This regulation applies to all operators of aircraft with 60+ seats with a deadline of 3 years after the effective date of the rule. 
  • Expanded lavatory size — Airlines will be required to install a larger, more accessible lavatory that will permit a person with a disability and an attendant, both equivalent in size to a 95th percentile male, to approach, enter, maneuver within as necessary to use all lavatory facilities, and leave, by means of the OBW, in a closed space that affords privacy equivalent to that afforded to nondisabled passengers. This regulation applies to new single-aisle aircraft with 125+ seats, ordered 10 years or delivered 12 years after the effective date of the rule. 

The lede of this post shows some of the new configurations being developed and soon installed!!! 

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Accessible bathrooms: New planes to face stricter requirements from DOT- 

Zach Wichter 

USA TODAY 

The Department of Transportation announced a new rule on Wednesday requiring airlines to make airplane bathrooms more accessible in the coming years. 

According to the DOT, new single-aisle aircraft will eventually need to be fitted with fully-accessible lavatories under the new regulation. 

“Traveling can be stressful enough without worrying about being able to access a restroom; yet today, millions of wheelchair users are forced to choose between dehydrating themselves before boarding a plane or avoiding air travel altogether,” Secretary Pete Buttigieg said in a statement. “We are proud to announce this rule that will make airplane bathrooms larger and more accessible, ensuring travelers in wheelchairs are afforded the same access and dignity as the rest of the traveling public.”   

Previous regulations only required accessible lavatories to be available on widebody planes, but as technology has improved over the years, single-aisle aircraft like Boeing 737s and Airbus A320s increasingly fly greater distances. Such planes are commonly used on coast-to-coast flights today, which can be scheduled for six hours or more. 

The rule will require enhanced accessibility features in lavatories on NEWLY-DELIVERED single-aisle airplanes starting in 2026. These include grab bars and accessible faucets and controls, accessible call buttons and door locks, minimum obstruction to the passage of an on-board wheelchair, toe clearance and an available visual barrier for privacy, according to the DOT. 

For new single-aisle aircraft with 125 seats or more ordered starting in 2033 or delivered starting in 2035, fully-accessible lavatories will be required. 

“These aircraft must have at least one lavatory of sufficient size to permit a passenger with a disability (with the help of an assistant, if necessary) to approach, enter, and maneuver within the aircraft lavatory, to use all lavatory facilities, and leave by means of the aircraft’s onboard wheelchair if necessary,” the DOT said in a statement to USA TODAY. 

The rule does NOT REQUIRE RETROFITS for aircraft that are already flying before the phase-in begins, but the DOT said they will apply if an airline fully replaces onboard lavatories on existing aircraft as part of an interior renovation after the regulation comes into force. 

Zach Wichter is a travel reporter for USA TODAY based in New York. You can reach him at zwichter@usatoday.com. 

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