Section 1 Short title
This Act may be cited as the “Store On-Board Wheelchairs in Cabin Act of 2023”.
Store On-Board Wheelchairs in Cabin Act of 2023
A BILL
To require air carriers and foreign air carriers to provide on a publicly available website of the carrier information on requirements for on-board wheelchairs, and for other purposes.
Sec. 2 On-board wheelchairs
Requirements—
In general— In the case an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including—
that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies;
that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair;
that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and
if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request.
Annual training— An air carrier and a foreign air carriers shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual’s right to request an on-board wheelchair.
Public awareness campaign— The Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual’s right to request an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations.
Qualified individual with a disability defined— In this subsection, the term “qualified individual with a disability” has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.
Penalties— The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements under paragraph (1) or (2).
Increased civil penalties—
In general— Section 46301(a)(7) of title 49, United States Code, is amended—
in the paragraph heading, by striking “to harm”; and
in subparagraph (A)—
in the heading, by striking “Bodily harm or damage to wheelchair or other mobility aid” and inserting “Damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair”; and
by striking “or injury to a passenger with a disability” and inserting “, injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation)”.
Effective date— The amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).