Overview
On September 30, 2025, the Department of Transportation (DOT) announced that it will be reconsidering aspects of the Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs final rule (2024 Wheelchair Rule) and that it would not take enforcement action on certain provisions until at least December 31, 2026.1 The specific provisions identified by DOT that will not be enforced for now are (1) the presumption of a violation of the Air Carrier Access Act for damage to wheelchairs and scooters, which leads to airline liability when passengers' wheelchairs or other assistive devices are not timely returned in the condition they were received; (2) frequency of required refresher training of airline employees and contractors; (3) pre-departure written notification to passengers traveling with wheelchairs and other assistive devices of rights to complain and file a claim; and (4) reimbursement for the difference between a consumer's fare and a less expensive fare on a flight that could not accommodate the consumer's wheelchair or scooter (Paused Provisions). The remaining provisions of the 2024 Wheelchair Rule are not impacted.
Background
In December 2024, DOT issued the 2024 Wheelchair Rule, codified in Part 382, which expanded airline obligations regarding the treatment of air travelers with disabilities. The final rule included a host of new provisions, such as definitions for "safe" and "dignified" assistance, additional required training for airline personnel and contractors, prompt assistance and information to passengers who use wheelchairs or scooters in embarking and disembarking from aircraft and moving within the terminal, additional obligations when wheelchairs or scooters are mishandled, and perhaps most controversially, a presumed violation of the Air Carrier Access Act if a checked wheelchair or scooter is damaged.2
In early 2025, DOT announced it was not enforcing the requirements of the 2024 Wheelchair Rule but would enforce the prior requirements of Part 382 pertaining to wheelchairs and scooters. This announced pause in enforcement was extended until August 1, 2025.
Announcement of New Wheelchair Rulemaking and Enforcement Pause
Subsequently, DOT announced initiation of a new rule, the Airline Obligations to Accommodate Air Travelers with Disabilities Using Wheelchairs rulemaking (Wheelchair Rule II).3 this rulemaking will reconsider the Paused Provisions.
DOT's description of Wheelchair Rule II states that it was "intended to restore common sense governance while maintaining core accessibility protections for air travelers with disabilities."
On September 30, 2025, DOT announced that it was using enforcement discretion to delay enforcement of the Paused Provisions. At the same time, DOT stated that the notice did "not affect the enforcement of requirements in the [2024] Wheelchair Rule beyond the four identified provisions."
Key Takeaways for Airlines
Pursuant to the September 30 notice, for now, DOT will not take enforcement action regarding the Paused Provisions.
However, the other provisions of the 2024 Wheelchair Rule are effective and the previous notices indicating that DOT would exercise enforcement discretion have not been renewed. This indicates that DOT does not anticipate revising other provisions of the 2024 Wheelchair Rule. Airlines should therefore consider whether their current programs comply with all of the new requirements of the 2024 Wheelchair Rule, except the Paused Provisions. If not, they should take steps to update their programs.
Regarding DOT's Wheelchair Rule II proceeding, DOT's estimated publication date for a proposed rule is August 2026. DOT further states that it anticipates a 60-day comment period with the earliest date for a final determination being December 31, 2026. In other words, airlines can anticipate that they need not comply with the Paused Provisions before December 2026, if at all. Furthermore, given that this Administration has made it a primary goal to "deregulate" or reduce regulatory requirements, it is possible that the provisions could be revised to decrease the impact on airlines, but it seems most likely that none of the Paused Provisions will remain in place.
The Steptoe Aviation team stands ready to assist with any questions regarding compliance with the 2024 Wheelchair Rule, DOT’s rulemaking process, or providing feedback to DOT.
1 https://www.federalregister.gov/documents/2025/09/30/2025-18980/ensuring-safe-accommodations-for-air-travelers-with-disabilities-using-wheelchairs
2 https://www.federalregister.gov/documents/2024/12/17/2024-29731/ensuring-safe-accommodations-for-air-travelers-with-disabilities-using-wheelchairs
3 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF35
