49 CFR 39.27 - Can a PVO take action to deny transportation or restrict services to a passenger with a disability based on safety concerns?

§ 39.27 Can a PVO take action to deny transportation or restrict services to a passenger with a disability based on safety concerns?
(a) As a PVO, you may take action to deny transportation or restrict services to a passenger with a disability if necessitated by legitimate safety requirements. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
Example 1 to paragraph 39.27(a): You may take such action in order to comply with Coast Guard safety regulations.
Example 2 to paragraph 39.27(a): You may take such action if accommodating a large or heavy wheelchair would, together with its occupant, create weight and balance problem that could affect adversely the seaworthiness of the vessel or impede emergency egress from the vessel.
Example 3 to paragraph 39.27(a): You could restrict access to a lifeboat for a mobility device that would limit access to the lifeboat for other passengers.
(b) In taking action pursuant to legitimate safety requirements, you must take the action that imposes the minimum feasible burdens or limitations from the point of view of the passenger. For example, if you can meet legitimate safety requirements by a means short of refusing transportation to a passenger, you must do so.
(c) You may take action to deny transportation or restrict services to a passenger if the passenger poses a direct threat to others. In determining whether an individual poses a direct threat to the health or safety of others, the PVO must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk.

Title 49 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 29 - LABOR
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 12101 - Findings and purpose

§ 12102 - Definition of disability

§ 12103 - Additional definitions

§ 12111 - Definitions

§ 12112 - Discrimination

§ 12113 - Defenses

§ 12114 - Illegal use of drugs and alcohol

§ 12115 - Posting notices

§ 12116 - Regulations

§ 12117 - Enforcement

§ 12131 - Definitions

§ 12132 - Discrimination

§ 12133 - Enforcement

§ 12134 - Regulations

§ 12141 - Definitions

§ 12142 - Public entities operating fixed route systems

§ 12143 - Paratransit as a complement to fixed route service

§ 12144 - Public entity operating a demand responsive system

§ 12145 - Temporary relief where lifts are unavailable

§ 12146 - New facilities

§ 12147 - Alterations of existing facilities

§ 12148 - Public transportation programs and activities in existing facilities and one car per train rule

§ 12149 - Regulations

§ 12150 - Interim accessibility requirements

§ 12161 - Definitions

§ 12162 - Intercity and commuter rail actions considered discriminatory

§ 12163 - Conformance of accessibility standards

§ 12164 - Regulations

§ 12165 - Interim accessibility requirements

§ 12181 - Definitions

§ 12182 - Prohibition of discrimination by public accommodations

§ 12183 - New construction and alterations in public accommodations and commercial facilities

§ 12184 - Prohibition of discrimination in specified public transportation services provided by private entities

§ 12185 - Study

§ 12186 - Regulations

§ 12187 - Exemptions for private clubs and religious organizations

§ 12188 - Enforcement

§ 12189 - Examinations and courses

§ 12201 - Construction

§ 12202 - State immunity

§ 12203 - Prohibition against retaliation and coercion

§ 12204 - Regulations by Architectural and Transportation Barriers Compliance Board

§ 12205 - Attorney’s fees

§ 12205a - Rule of construction regarding regulatory authority

§ 12206 - Technical assistance

§ 12207 - Federal wilderness areas

§ 12208 - Transvestites

§ 12209 - Instrumentalities of Congress

§ 12210 - Illegal use of drugs

§ 12211 - Definitions

§ 12212 - Alternative means of dispute resolution

§ 12213 - Severability

U.S. Code: Title 49 - TRANSPORTATION