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Elder Law Issues
NOVEMBER 29, 2004 VOLUME 12, NUMBER 22

Online Travel Resources For Those with Special Needs

Thanksgiving is the start of the year’s busiest travel period for many Americans. Travel for the elderly and those with disabilities presents logistical problems many of us do not face or do not yet face.

Education and preparation go a long ways. Information available online ranges from practical and generic how-to’s for the wheelchair bound air traveler to the empowerment of people with disabilities through international exchange travel.

Whether you are trying to check a wheelchair with sealed batteries on your flight or you are accompanying an elderly relative who needs assistance enplaning and deplaning, make sure that you contact an airline reservation agent at least several days prior to travel who will make a detailed note of the particular needs that the airline will have to meet (see the informative iCan website for more ideas). If you have a disability and fly frequently or have a family member with special needs who does, consider acquainting yourself with the 1986 Air Carrier Access Act (ACAA, 49 U.S.C. 41705) and the 1990 federal rule interpreting the ACAA, 14 CFR Part 382, also known as Nondiscrimination on the Basis of Disability in Air Travel.

One family member of a Fleming & Curti, plc, client was told by a gate agent that "reasonable accommodation" of her 84-year-old mother meant that two airline employees would carry her up the stairway from the tarmac when the airline had to bump the older passenger from a flight that used an accessible jetway. Later she learned that Section 382.39(a)(2) of the ACAA regulation is clear that while assistance shall be provided a passenger with a disability, "In no case shall airline personnel hand-carry a passenger in order to provide boarding or deplaning assistance…." The use of "reasonable accommodation" language suggested that the agent was confusing ACAA requirements with the Americans with Disabilities Act (the ADA), which also controls airline behavior but is not as specific as the ACAA and its regulations.

Disability Travel and Recreation Resources offers a wide variety of disability oriented links with information on topics such as: touring with dialysis equipment and vacation home exchanges for individuals with serious disabilities. This site also provides an extensive reading list of disability travel books and guides. Disability Links for People of All Abilities has "Accessable Travel" links as well as a very thorough catalogue of automotive information for drivers with disabilities. Last thought: this is a fine time for all drivers to brush up on holiday travel tips.

Editor’s note: This is the first of two planned articles on travel . We encourage readers’ anecdotes, questions and suggestions.


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