CPAP on aircraft - Supplementary Info

• 53. May a carrier refuse to allow a passenger to stow on the aircraft any respirator, ventilator, CPAP machine or FAA-approved POC that does not have a manufacturer’s label indicating compliance with the standards of RTCA/DO-160 (current edition) or other applicable FAA or non-U.S. government requirements for medical portable electronic devices?
  
  Answer: No. Carriers must allow passengers to carry a respirator, ventilator, CPAP machine or FAA-approved POC onboard aircraft, subject to applicable safety requirements, even if the device may not be used onboard the aircraft.
  
  54. When the required manufacturer’s label is not present on a ventilator, respirator, CPAP machine or FAA-approved POC, what safety requirements apply to the stowage of the device on the aircraft?
  
  Answer: To be accepted for stowage on an aircraft, a ventilator, respirator, CPAP machine or FAA-approved POC that does not have the required manufacturer’s label on the device must comply with FAA size and weight limits and have the battery removed, packaged, and protected from short circuit and physical damage in accordance with the FAA’s Special Federal Aviation Regulation (SFAR) 106, Section 3 (b)(6).

45. May carriers assess excess baggage charges for an assistive device tendered as checked baggage that exceeds the standard size, weight, or number limit in the carrier’s free baggage allowance?

Answer: As a general matter, a carrier must not charge for assistive devices that exceed the standard baggage limits on size, weight, or number of pieces. However, there are circumstances under which the carriage of devices due to their weight, size, or number would constitute an undue burden or cause a fundamental alteration of the carrier’s service. In such situations the carrier may not be required to transport the assistive device free of charge or possibly at all. These situations necessitate case-by-case determinations.

46. Is a carrier obliged to make room for a passenger’s assistive device in an overhead compartment or other in-cabin stowage area if all compartments are full by the time the passenger boards the aircraft?

Answer: Carriers must offer pre-boarding to passengers with a disability who self-identify at the gate as needing to stow accessibility equipment (see section 382.93). If a passenger with a disability does not self-identify and take advantage of the opportunity to pre-board, and all overhead compartments are full by the time the passenger boards, the carrier would not be obliged to remove and check carry-on items of other passengers in order to stow the assistive device in the cabin. Although not required by our rule, in situations where such a passenger would need to use the assistive device during the flight (e.g., a cane used to walk to the aircraft lavatory), we would encourage the carrier to ask other passenger(s) to agree to gate check an item and allow the passenger to stow this device in the cabin despite the passenger’s not having pre-boarded.