§ 382.31 Refusal of transportation.
(d) Carrier personnel, as authorized by 49 U.S.C. 44902, 14 CFR
91.8, or 14 CFR
121.533, may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this Part. In the event that such action is inconsistent with the provisions of this Part, the carrier shall be subject to remedies provided under § 382.65.
(e) When a carrier refuses to provide transportation to any person on a basis relating to the individual’s disability, the carrier shall specify in writing to the person the basis for the refusal, including, where applicable, the reasonable and specific basis for the carrier’s opinion that transporting the person would or might be inimical to the safety of the flight. This written explanation shall be provided within 10 calendar days of the refusal of transportation.
§ 382.35 Attendants
(b) A carrier may require that a qualified individual with a disability meeting any of the following criteria travel with an attendant as a condition of being provided air transportation, if the carrier determines that an attendant is essential for safety:
(1) A person traveling in a stretcher or incubator. The attendant for such a person must be capable of attending to the passenger’s in-flight medical needs;
(2) A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the safety briefing required by 14 CFR
121.571 (a) (3) and (a)(4) or 14 CFR
(3) A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft;
(4) A person who has both severe hearing and severe vision impairments, if the person cannot establish some means of communication with carrier personnel, adequate to permit transmission of the safety briefing required by 14 CFR
121.571(a)(3) and (a)(4) or 14 CFR
(c) If the carrier determines that a person meeting the criteria of paragraph (b)(2), (b)(3) or (b)(4) of this section must travel with an attendant, contrary to the individual’s self-assessment that he or she is capable of traveling independently, the carrier shall not charge for the transportation of the attendant
(d) If, because there is not a seat available on a flight for an attendant whom the carrier has determined to be necessary, a person with a disability who has a confirmed reservation is unable to travel on the flight, the person with a disability shall be eligible for denied boarding compensation under 14 CFR
(e) For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the person with a disability.