14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)

382.41 What flight-related information must carriers provide to qualified individuals with a disability? This provision is very similar to the corresponding provision of the existing rule. Carriers must provide information about the accessibility features of aircraft (e.g., the presence and location of seats that can be accessed through movable armrests, and seats not available to passengers with disabilities). In addition, carriers must provide information about any service limitations in accommodating a passenger with a disability. When level-entry boarding is not available on a particular flight, carriers must also provide information about boarding assistance requiring the use of a ramp or lift to all passengers who indicate that they will use a wheelchair for boarding, whether or not they specifically ask for the information.

As a general matter under Part 382, when an agent acting on behalf of an airline provides inaccurate information to a passenger with a disability concerning a disability-related accommodation, in most instances the airline will be responsible for any resulting information-related violation of the law. It should also be noted that when a carrier agrees to provide a service not specifically required under this Part to accommodate a particular passenger’s disability, the carrier is obliged to provide that service to the passenger or risk being found in violation of section 382.41. .For example, if a carrier informs a passenger that it will accommodate his or her peanut allergy by not serving peanuts on his or her flight itinerary, the carrier must ensure that peanuts are not served on those flights or it will be in violation of section 382.41.