Fined to innovate – Is this the new airline accessibility tax?

In a landmark decision announced today, the U.S. Department of Transportation has fined American Airlines $50 million for failing to adequately serve passengers with disabilities, in this case, those who travel with mobility aids. While this fine is a wake-up call for airlines, have other stakeholders across the industry got off lightly? With 50%—a hefty $25 million—going to the U.S. Treasury, we have to ask: does this cover more than just the legal fees? Will some of this money go toward creating additional roles to monitor the industry or resources to ensure the redistribution of fines?

The other $25 million will be used, in part, to fuel accessibility innovation across the industry, at least in the US. This forward-thinking approach may be something other countries might look at. It is a perfectly reasonable way of ensuring fines are reinvested into innovation.

Fines are far from the preferred solution, but they appear to have become the Department of Transportation’s (DoT) last resort to push airlines toward innovation. The funding that results from these fines has the potential to fuel not only improvements in how mobility aids are handled but also to drive enhancements across other areas of accessibility where passengers require support.

Fines are far from the preferred solution, but they appear to have become the Department of Transportation’s (DoT) last resort to push airlines toward innovation. The funding that results from these fines has the potential to fuel not only improvements in how mobility aids are handled but also to drive enhancements across other areas of accessibility where passengers require support.

This fine is essentially a new “accessibility tax”—a financial penalty for failing to meet the needs of disabled passengers. It’s a cost that can be avoided going forward if the industry priortises accessibility from the start, and in some cases, we’re starting to see that more now. Some more proactive airlines and other stakeholders have already begun investing in solutions like better training and awareness for staff handling mobility aids and new equipment. These investments—such as lifts and machinery that reduce the physical strain and risk of damage when moving wheelchairs—help avoid the costly issues of improper handling.

Heres an example of a little device that can push a mobility aid without a person – courtesy of easyJet and DHL Ground Ops. Other airlines, depending on aircraft type, will use ULDs – containers to safely store a mobility aid in the cargo hold.

Airlines currently don’t have certified spots for wheelchairs onboard because the FAA is determining the necessary certification, which has yet to be achieved. Kelly Buckland, a Disability Policy Advisory from the DoT, just a few weeks ago in a release from Aircraft Interiors International said:

Currently we have not identified any major issues to installation, and mitigations for any minor issues are being developed… We anticipate being able to make a recommendation on installing the tie-down systems by the end of 2025, and from there it would take an airline or another group to request the approval and begin modifying the cabin interior layout to accommodate a wheelchair in the cabin. It is also anticipated that DOT would start rulemaking in early 2026 to require wheelchairs be accommodated in the cabin.

However, once available, airlines will likely be able to request these spots, potentially off the shelf, from OEMs like Airbus and Boeing on new aircraft or retrofitting. But until this solution is on the market and rulemaking kicks in, airlines don’t even have this option and will need to continue with training, investment in technology, and equipment to address accessibility challenges.

So, while these certified wheelchair spots are a step forward, do they offer airlines a “get out of jail free card” to avoid these fines? The broader issues around accessibility, from mobility aid damage to lack of proper assistance, will still linger. It seems these fines might be here to stay, and they could be more widely adopted to ensure innovation always keeps the fire lit on the accessibility agenda.

The DoT has stated that damaging a wheelchair is illegal, and for good reason: a mobility aid is an extension of its user’s body. It’s not just a piece of equipment—it’s integral to a person’s autonomy, independence, and safety.

At the forefront of driving long-term change is Rights on Flights. A pioneering initiative pushing for stronger protections for passengers with disabilities. As a member of the RoF group, collaboration across the industry globally is crucial. RoF advocates for a collaborative approach, where airlines, governments, regulators, ground handlers, assistance providers, NGO’s, people with lived experience, experts in disability, and other critical stakeholders work together to create better regulations, guidance, and solutions for accessibility.

While it is the airlines’ responsibility in many cases, it’s worth remembering that this may not always be the case and their dependency on other stakeholder’s infrastructure. Therefore, these fines—or the “accessibility tax,” as I refer to it—should be extended across the industry to ensure appropriate accountability to the responsible parties, depending on where in the world incidents happen. Undoubtedly, today’s announcement will have reverberating effects across the industry.

So will this accessibility tax become the industry’s own ‘frequent flyer fines’ as a way to upgrade innovation in accessibility from economy to first class courtesy of the DoT?

Note: All views in this article are my own. And designed to offer thought-provoking questions and perspectives.