Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

WHEELCHAIR ACCESS ISSUES

39.83

QUESTION: WHAT CONSIDERATIONS APPLY TO PVOs’ OBLIGATION TO PROVIDE ASSISTANCE TO PASSENGERS WITH DISABILITIES WITH RESPECT TO BOARDING AND DISEMBARKING FROM VESSELS?

ANSWER:

*Passengers with disabilities should be able to experience all aspects of a cruise or other passenger vessel operation available to passengers without disabilities.

*Where this involves having to get on and off a vessel, the PVO has an obligation to provide assistance to the passenger to enable him or her to do so.

*The Department recognizes that there may be occasional circumstances in which it is impracticable to ensure that a passenger can get on or off the vessel (e.g., because of adverse weather, tidal, or sea conditions). Part 39 does not require transfers to or from a vessel where a transfer would be contrary to legitimate safety requirements.

*A PVO may use any method acceptable to the passenger to provide assistance in getting on and off the vessel (e.g., lifts, ramps, boarding chairs, assistance by PVO personnel in pushing a wheelchair or guiding a blind passenger).

*The PVO should be sure to ask the passenger whether he or she wants or needs assistance and about the method of assistance the passenger prefers.

*Except in emergencies, the Department strongly discourages hand-carrying (i.e., picking up a passenger physically in the arms of PVO personnel) as a means of providing assistance, since it raises serious safety and dignity concerns.

39.95

QUESTION: UNDER WHAT CIRCUMSTANCES IS A PVO REQUIRED TO COMPENSATE A PASSENGER WITH A DISABILITY FOR LOSS OF OR DAMAGE TO A WHEELCHAIR OR OTHER ASSISTIVE DEVICE?

ANSWER:

*Generally, a PVO must compensate a passenger with a disability for the full value (measured by the original purchase price) of a lost or damaged wheelchair or mobility device.

*This obligation applies in any situation in which the device is under the control or care of the PVO or a party acting on behalf of the PVO (e.g., an agent or contractor).

*However, there may be circumstances in which a wheelchair or mobility device is damaged as the result of action by the passenger, who is in control of the device at the time. For example, a passenger riding a scooter might run into a fixed object, damaging the scooter. In such a case, the PVO would not be responsible for compensating the owner.