"DOT Part 382 Disability Rule"
Nondiscrimination on the Basis of Disability in Air Travel (14 CFR Part 382)
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Summary
DOT regulation implementing the Air Carrier Access Act, requiring U.S. and foreign carriers to accommodate passengers with disabilities, including those with severe food allergies.
Full Description
14 CFR Part 382 is the Department of Transportation regulation implementing the Air Carrier Access Act (49 U.S.C. § 41705). It prohibits both U.S. and foreign carriers from discriminating against passengers on the basis of disability and requires carriers to make accommodations. Among its provisions, § 382.21 addresses limitations on transport based on communicable disease or other medical condition (severe allergies are treated as a covered medical condition), and § 382.93 requires carriers to provide accommodations to passengers with disabilities; DOT has interpreted § 382.93 to require airlines to permit passengers with severe food allergies to preboard in order to wipe down seating areas. Carriers may require advance notice and medical documentation for certain accommodations. The rule also mandates disability training for carrier personnel.
Legislative Intent
To define and enforce the rights of passengers with disabilities, including severe food allergies, in air travel.
Key Provisions
§ 382.11 general nondiscrimination; § 382.21 severe allergy as covered medical condition; § 382.25–382.27 advance notice for accommodations; § 382.51 airport accessibility; § 382.93 accommodations including preboard to wipe down seating for food-allergic passengers; mandatory personnel training.
Regulatory Requirements
Carriers must publish and follow accommodations procedures; permit preboarding for food-allergic passengers; provide buffer-zone accommodations where appropriate; train staff.
Who This Bill Serves & Who's Backing It
Core Patient Populations
People with food allergies — including children, students, and their families.
Advocacy Groups Backing This Legislation
No advocacy organizations are currently tracked as backing this bill.Browse advocacy organizations →
Legislative Timeline
Implementation & Enforcement
Votes & Legislative History
Compliance & Requirements
Grade nine and grade 10 health education Standards of Learning; severe allergic reaction awareness training
Requires the Board of Education to include severe allergic reaction awareness training in the health education Standards of Learning for grades nine and 10.
Youth Facility Health Records Rule
Health record maintenance for youth facilities
Requires youth facilities to maintain health records for youth, including allergy information and current medications, and ensures that all medical equipment (like inhalers and epinephrine) is transferred securely with the youth.
Allergy awareness and training in restaurants
Requires food service establishments to implement allergy awareness training for staff regarding major food allergens.
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