[ID: @diffusedmuse “One question if you have a moment: do you confront airlines themselves or go straight to the DOT? For example, they often push me into signing a release of liability in case they wreck my wheelchair, which I’m fairly sure is illegal but I’m afraid to say anything and be denied my flight.”]
Under US law, it is definitely illegal for an airline to make you sign a release of liability for transporting your wheelchair. I would definitely advise you not sign any release of liability. The newest statistics show that airlines damage or lose 25 wheelchairs per day. (Source) You can’t afford for them to not fix or replace your wheelchair if they damage it.
Ҥ382.35 May carriers require passengers with a disability to sign waivers or releases?
“(b) You must not require passengers with a disability to sign waivers of liability for damage to or loss of wheelchairs or other assistive devices.”
I always insist on having my wheelchair in the cabin, but if the flight has less than 100 seats they’re not required to have space in-cabin, and if you have a power chair it’s not going to fit in the in-cabin wheelchair closet. So I realize some people have to put their chairs in cargo.
Personally I’d pocket whatever release form they gave me, scan it in when I got home and include it in my DOT complaint. I bet the DOT would be very interested to see what release they’re trying to get you to sign.
I have on several occasions had airline employees threaten to not let me fly, try to maneuver me into agreeing to take a different flight, or insinuate that if I continue to insist they follow the law they won’t let me fly. This is illegal, and I let them know that I know that it is illegal.
Ҥ382.11 What is the general nondiscrimination requirement of this part?
“(4) You must not take any adverse action against an individual (e.g., refusing to provide transportation) because the individual asserts, on his or her own behalf or through or on behalf of others, rights protected by this part or the Air Carrier Access Act.”
So yes, I confront the airline employees myself, although I realize not everyone is able to do so. I always have a copy of the law with me - I have a document where I put together the clauses that I know they’re going to violate, and I print out a couple copies before I fly. I also have the full ACAA on my phone. Only once has an airline employee ever looked at the law - they generally just flat out refuse to read it - but I have it with me so I can prove I know what the law says. That means that can’t say “that’s not in the law,” they can only say “I don’t care what the law says,” and that is not going to show in their favor when they have to justify their actions to the DOT.
I definitely also report the airline to the DOT after I get back from my trip. The DOT’s formal investigation process is to have the airline investigate themselves and report their findings back to the DOT. IME the airline always, every time, lies and claims they didn’t break any laws. They generally accidentally admit to breaking a couple laws, but for the majority it ends up being a he says/she says situation.
Personally, I want the airline to get fined for every clause of the ACAA they break when I fly, not just the ones they accidentally admit to because they are that ridiculously unfamiliar with the law they’re required by law to know. (The record so far is fourteen clauses broken on one flight.) So as of my last flight I now record every interaction I have with an airline employee. On that flight, the minute I realized they had found a new and ridiculous way to violate the ACAA, I set my phone to video and put it in a shallow outside pocket in my personal bag with the camera facing out. When I got home, I extracted the audio file from the video, made a transcript, and forwarded both the audio file and the transcript to the DOT along with my complaint. When the airline investigated themselves and lied about what they did, I then forwarded the audio file and transcript to them as well and proved that their employees lied. It was interesting watching them scramble to explain themselves.
The DOT takes a year to process complaints, so I haven’t heard back from the DOT on that one yet, but I’m particularly interested to see how this complaint turns out as it’s going to be impossible for them to squirrel out of any of their violations. I have proof.
After that last flight I bought myself an audio recorder (like the kind you use to record lectures in school) which I now have hanging from my personal bag. Some airlines prohibit photography and video in their contract of carriage, but I have yet to find one that prohibits audio recordings. Part of my prep for this trip has been testing that audio recorder to see what the range is and how well it records, so I know where on my bag to hang it to be sure it records everything that happens.
If you’re recording audio, keep that in mind when you’re dealing with airline employees. Ask for names or read out their name badge (”Jane Smith, right?”) and describe what’s happening if it’s not apparent from what they say. (”Wait, so you’re telling me I need to sign this release of liability form before you’ll transport my wheelchair? You do realize that’s illegal, right?”)
I have an audio recording of an airline employee on my last flight saying “I don’t care what the law says!” and my response which was “I don’t think the DOT is going to be very impressed with that.” I’m pretty sure they’re not. I can’t wait to see the DOT’s response to the airline.
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