Plain and simply, the airlines want the rule overturned.
ATLANTA — Several major airlines, including Delta, are challenging part of a new rule for disabled travelers, according to reports.
The new rule, introduced under the Biden Administration, made airlines responsible for lost or damaged mobility devices, including scooters, walkers and wheelchairs.
“Every passenger deserves safe, dignified travel when they fly,” said Transportation Secretary Pete Buttigieg when the rule was announced back in December. “With the new protections, we’re setting a new standard to ensure passengers using wheelchairs can travel safely and with dignity.”
The final rule was enacted on Jan. 16 and includes staggered implementation deadlines through 2026.
The rule outlines requirements for prompt assistance with boarding and deplaning, ensures passengers are notified about the status of their wheelchairs, and mandates airlines return mobility devices in the condition they were received. It also requires airlines to provide loaner wheelchairs and reimburse travelers for transportation costs when their mobility devices are delayed.
In the court filing, the airline trade group Airlines for American and five additional carriers, including Atlanta-based Delta Air Lines, argued that the rule is unlawful and the Transportation Department exceeds its authority in implementing it.
The airlines want the rule overturned. However, the Transportation Department has not commented yet.
According to a report from Fortune.com, in 2023, airlines mishandled 11,527 wheelchairs and scooters, according to the U.S. Department of Transportation (DOT).
The Biden administration’s rule imposed fines of up to $124,000 for violating these guidelines. Transportation Secretary Pete Buttigieg emphasized the importance of proper care for wheelchairs and their users and stated that airlines would face consequences for non-compliance.
Fortune added that, in October 2024, the DOT fined American Airlines $50 million for repeatedly mishandling wheelchairs and providing unsafe assistance, leading to passenger injuries.
In its lawsuit, Airlines for America argues that certain situations should not be considered discrimination. The trade group, representing major U.S. airlines, contends that factors beyond an airline’s control—such as extreme turbulence damaging a properly secured wheelchair—should not result in strict liability under the Department of Transportation’s (DOT) regulations.
According to USA Today, this legal challenge follows a May 2024 lawsuit in which Airlines for America, alongside major airlines, sued the DOT over a rule requiring upfront disclosure of airline fees, arguing it would confuse consumers and interfere with business operations.
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