DOT Addresses ‘Human Rights Issue’ With New Airplane Bathroom Accessibility Rule

The U.S. Department of Transportation (DOT) has introduced a new final rule to enhance lavatory accessibility for passengers with disabilities on single-aisle aircraft.
DOT Addresses ‘Human Rights Issue’ With New Airplane Bathroom Accessibility Rule
A touch lavatory is seen on the United Airlines Boeing 787 Dreamliner at Los Angeles International Airport in Los Angeles, Calif., on Nov. 30, 2012. (Kevork Djansezian/Getty Images)
Caden Pearson
7/26/2023
Updated:
7/26/2023

The U.S. Department of Transportation (DOT) announced a new final rule on Wednesday aimed at enhancing lavatory accessibility for passengers with disabilities on single-aisle aircraft.

The rule, which amends the Air Carrier Access Act (ACAA) regulation, is designed to promote the safety and inclusivity of the air transportation system for individuals with disabilities, and those who may need accessibility options in lavatories.

Under this new regulation, airlines will be required to install fully-accessible bathrooms on all new single-aisle aircraft. These lavatories must be spacious enough to comfortably accommodate a passenger with a disability and an attendant, both with the size equivalent to a 95th percentile male, during their flights. This measure ensures that individuals with disabilities can easily access and move within the lavatory as needed during their journey.

“The Department is committed to ensuring that our air transportation system is safe and accessible for all. This includes taking necessary action to remove transportation barriers that exist for individuals with disabilities,” stated the DOT (pdf). “Like all individuals, those with disabilities rely on transportation for all aspects of their lives. Transportation connects individuals to family and friends, to jobs and to vital services, and it opens the door to opportunity.”

Previously, regulations concerning accessible bathrooms were primarily mandated only for twin-aisle aircraft, leaving smaller planes without comparable guidelines. The DOT introduced this rule in response to the increasing use of single-aisle planes for long flights due to their fuel efficiency.

According to the DOT’s final rule, the proportion of flights covering distances between 1,500 and 3,000 miles and operated by single-aisle aircraft surged from less than 40 percent in 1991 to 86 percent in 2021. Many of these flights have durations of four hours or more.

The rule highlights the unfortunate reality that many air travelers with disabilities, knowing they will be unable to use the lavatory during a flight, may dehydrate themselves or withhold bodily functions to avoid needing to urinate.

This can have negative health effects, including an increased risk of urinary tract infections, and can be uncomfortable and demeaning for passengers using adult diapers or catheters, the rule said. It may even lead wheelchair users to avoid flying altogether.

“The inability to safely access and use the lavatory on long flights can impact the dignity of passengers with disabilities and deter them from traveling by air, limiting their independence and freedom to travel,” stated the DOT. “This final rule addresses a human rights issue and promotes freedom to travel for people with disabilities.”

A recent survey conducted by the Paralyzed Veterans of America (PVA) and other disability advocacy organizations, referenced by the DOT, revealed that 56 percent of respondents cited inaccessible lavatories as a reason to avoid flying unless absolutely necessary.

“These are conditions that passengers without disabilities would justifiably consider intolerable,” the DOT states.

The DOT states that it has stepped in because the private marketplace has not adequately addressed the need for accessible lavatories on single-aisle aircraft. While a few single-aisle planes have lavatories approaching the size and functionality of those on twin-aisle planes, the majority of lavatories are still too small to accommodate onboard wheelchairs or attendants.

In many cases, airlines have chosen to prioritize an extra row of seats or additional galley space over inclusivity. Consequently, numerous existing lavatories lack accessible features and reliable means of access using an onboard wheelchair.

The DOT emphasizes that the final rule is expected to benefit millions of people with mobility impairments who cannot independently access the lavatory due to neuromuscular injury, disease, or weakness. It will also benefit individuals with visual or other impairments who can access the lavatory but require accessible features within it, as well as “passengers of size” and families with small children.