When Attendants Can Be Required

Carriers may require the following individuals to be accompanied by an attendant:

A person traveling on a stretcher or in an incubator (for flights where such service is offered);

A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel;

A person with a mobility impairment so severe that the individual is unable to assist in his or her own evacuation from the aircraft;

A person who has both severe hearing and severe vision impairments which prevent him or her from receiving and acting on necessary instructions from carrier personnel when evacuating the aircraft during an emergency.

The carrier and the passenger may disagree about the applicability of one of these criteria. In such cases, the airline can require the passenger to travel with an attendant, contrary to the passenger’s assurances that he or she can travel alone. However, the carrier cannot charge for the transportation of the attendant.

The airline can choose an attendant in a number of ways. It could designate an-off duty employee who happened to be traveling on the same flight to act as the attendant. The carrier or the passenger with a disability could seek a volunteer from among other passengers on the flight to act as the attendant. The carrier could provide a free ticket to an attendant of the passenger's choice for that flight segment. In the end, however, a carrier is not required to find or furnish an attendant.

The attendant would not be required to provide personal service to the passenger with a disability other than to provide assistance in the event of an emergency evacuation. This is in contrast to the case of the passenger that usually travels accompanied by a personal attendant, who would provide the passenger whatever service he or she requests.

If there is not a seat available on the flight for an attendant, and as a result a person with a disability holding a confirmed reservation is denied travel on the flight, the passenger with a disability is eligible for denied boarding compensation.

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 the disability.