GAO-20-258, Accessible Version, AVIATION CONSUMER PROTECTION: Few U.S. Aircraft Have Lavatories Designed to Accommodate Passengers with Reduced Mobility

AVIATION

CONSUMER

PROTECTION

FewU.S.Aircraft

HaveLavatories

Designedto

Accommodate

Passengerswith

ReducedMobility

Accessible Version

ReporttoCongressionalCommittees

January 2020

GAO-20-258

United States Government Accountability Office

Highlights of GAO-20-258, a report to

congressional committees

January 2020

AVIATION CONSUMER PROTECTION

Few U.S. Aircraft Have Lavatories Designed to

Accommodate Passengers with Reduced Mobility

What GAO Found

Aircraft manufacturers offer lavatories that carriers can provide and that are

designed to accommodate users of onboard wheelchairs, but carriers do not

choose to acquire this option for their single-aisle aircraft. We found designs for

lavatories that enable a passenger in an onboard wheelchair to use them, to

varying degrees. In recent years, both Airbus and Boeing—makers of single-

aisle aircraft—began offering similarly designed lavatories to provide greater

access for these passengers. For example, one design consists of two adjacent

lavatories located in the rear galley area with a connecting retractable wall to

allow for a wheelchair-bound passenger to enter one lavatory and transfer or be

transferred to the toilet in the other lavatory. Another design is a single lavatory

large enough to accommodate a passenger using an onboard wheelchair. Four

of the eight U.S. carriers—and only one of the four with the largest fleets—GAO

interviewed have Airbus aircraft with an adjacent lavatory design (Space Flex

version 1) or the single lavatory design found on the A220 aircraft, constituting

about 4.5 percent of the carriers’ combined single-aisle fleet (see figure). None of

the eight U.S. carriers have purchased a similar lavatory for their Boeing’s single-

aisle aircraft. Carrier officials told GAO that they consider many factors when

ordering lavatories, including financial and service tradeoffs such as the potential

to lose seating spaces, or reduced food and beverage service for passengers.

Lavatories Designed for Persons with Reduced Mobility on Selected U.S. Carriers’ Single-

Aisle Aircraft, as of November 2019

While the Department of Transportation (DOT) receives few complaints on

lavatory inaccessibility, consumer groups told GAO that the lack of an accessible

lavatory on single-aisle aircraft presents challenges for persons with reduced

mobility. For example, some passengers take precautionary measures to avoid

the need to use the aircraft lavatory and others avoid flying altogether.

Additionally, although some aircraft have wheelchair-accommodating lavatories,

they are not well advertised to passengers, making it difficult for passengers to

know whether their flight may have such a lavatory. To address such challenges

and the findings of its 2016 advisory committee, DOT issued, on December 16,

2019, a notice of proposed rulemaking to require carriers to install accessibility

features without changing the size of the lavatories. DOT also expressed intent

to study the costs and benefits of enlarging single-aisle aircraft lavatories to

enable use by passengers using the onboard wheelchair.

View GAO-20-258. For more information,

contact Andrew Von Ah at (202) 512-2834 or

[email protected]

Why GAO Did This Study

Flying can pose significant challenges

for persons who rely on wheelchairs,

including the lack of wheelchair

accessible lavatories on most flights. In

1990, DOT required wheelchair

accessible lavatories on twin-aisle

aircraft used mainly for long flights. It

did not require them for single-aisle

aircraft, although DOT continued to

study the issue. Since 1990,

technological advances have enabled

single-aisle aircraft to fly longer

distances, and these aircraft now make

99 percent of domestic flights. In 2016,

a DOT advisory committee

recommended that DOT require

accessible lavatories in certain single-

aisle aircraft in the future.

The Federal Aviation Administration

(FAA) Reauthorization Act of 2018

included a provision that GAO examine

the availability and designs of

lavatories on commercial aircraft and

the ability of passengers with

disabilities to access them. This report

describes (1) what is known about

lavatory designs and accessibility for

persons with reduced mobility and (2)

the challenges wheelchair-bound

passengers and others face while

traveling on single-aisle aircraft without

accessible or functional lavatories.

GAO reviewed DOT’s guidance and

rulemaking and analyzed DOT’s

aircraft complaint data and fleet data

for the eight largest U.S. air carriers.

GAO interviewed officials from the

eight largest mainline carriers and

reviewed their fleet and lavatory data.

GAO also interviewed officials from

Airbus and Boeing and subsidiary

lavatory manufacturers, as well as

representatives from cabin crew labor

associations and consumer groups

representing persons with disabilities.

Page i GAO-20-258 Aircraft Lavatories

Contents

Letter 1

Background 5

Manufacturers of Single-Aisle Aircraft Offer Lavatories Designed

to Better Accommodate Persons with Reduced Mobility, but

Selected Carriers Rarely Choose to Acquire Them 9

Lack of Onboard Wheelchair-Accommodating Lavatories Can

Make Flying Difficult for Persons with Reduced Mobility, and

DOT Is Considering Rulemaking for Accessible Lavatories on

Single-Aisle Aircraft 15

Agency Comments 19

Appendix I: GAO Contact & Acknowledgements 21

Figures

Figure 1: U.S. Aircraft Departures for Domestic Flights by Aircraft

Type in 2018 6

Figure 2: Comparison of Standard and Contoured Lavatory

Designs Manufacturers Offer for Single-Aisle Aircraft 10

Figure 3: Example of a Single-Aisle Aircraft Lavatory Designed to

Accommodate an Onboard Wheelchair 11

Figure 4: Number of Lavatories Designed for Persons with

Reduced Mobility on Selected U.S. Carriers’ Single-Aisle

Aircraft, as of November 2019 14

Page ii GAO-20-258 Aircraft Lavatories

Abbreviations

ACAA Air Carrier Access Act

ACCESS Advisory Committee on Accessible Air Transportation

Advisory

Committee

ANPRM advance notice of proposed rulemaking

BTS Bureau of Transportation Statistics

DOT Department of Transportation

FAA Federal Aviation Administration

NPRM notice of proposed rulemaking

This is a work of the U.S. government and is not subject to copyright protection in the

United States. The published product may be reproduced and distributed in its entirety

without further permission from GAO. However, because this work may contain

copyrighted images or other material, permission from the copyright holder may be

necessary if you wish to reproduce this material separately.

Page 1 GAO-20-258 Aircraft Lavatories

441 G St. N.W.

Washington, DC 20548

Letter

January 7, 2020

The Honorable Roger Wicker

Chairman

The Honorable Maria Cantwell

Ranking Member

Committee on Commerce, Science, and Transportation

United States Senate

The Honorable Peter DeFazio

Chairman

The Honorable Sam Graves

Ranking Member

Committee on Transportation and Infrastructure

House of Representatives

For persons with reduced mobility, flying can pose significant challenges.

Embarking and disembarking the aircraft can be a lengthy process and

require assistance from airline personnel. After boarding, passengers with

reduced mobility may need to access aircraft lavatories and those

passengers unable to walk to the lavatory on their own likely would need

to rely on an onboard wheelchair designed to fit down narrow aircraft

aisles.

However, most lavatories on single-aisle aircraft are inaccessible

to these passengers unless they are able to stand and pivot from the

onboard wheelchair into the lavatory.

In 1990, in response to the Air Carrier Access Act (ACAA) of 1986,

the

Department of Transportation (DOT) implemented regulations that

included requirements for twin-aisle aircraft that historically have been

used for coast-to-coast and international flights to have at least one

DOT requires air carriers to provide onboard wheelchairs on most aircraft with more than

60 passenger seats that have an accessible lavatory and when requested by a passenger

with a disability even if the aircraft does not have an accessible lavatory. 14 C.F.R. §

382.65.

Pub. L. No. 99-435, 100 Stat. 1080 (codified as amended at 49 U.S. C. § 41705). The

ACAA prohibits discrimination on the basis of disability in air travel, whereas the

Americans with Disabilities Act of 1990, as amended, among other things, prohibits

discrimination and ensures equal opportunity and access for persons with disabilities in

public accommodations, commercial facilities and transportation by bus, rail, or any other

conveyance, other than by aircraft.

Letter

Page 2 GAO-20-258 Aircraft Lavatories

lavatory accessible by the aircraft’s onboard wheelchair.

DOT’s

accessible lavatory regulation does not apply to single-aisle aircraft,

which at the time of the rule’s promulgation were used primarily for

shorter flights. However, due to technological advancements, single-aisle

aircraft can now be used for longer flights, including longer coast-to-coast

and some international flights. Because of a lavatory’s size and

configuration, aircraft lavatories can also be challenging for other

passengers needing extra room, such as to accommodate their size or to

change a baby’s diaper.

Section 426 of the FAA Reauthorization Act of 2018 includes a provision

for us to review the availability and design of lavatories on commercial

aircraft, and the ability of passengers with disabilities to use accessible

aircraft lavatories.

Since twin-aisle aircraft are subject to the DOT

requirement to have at least one accessible lavatory this report focuses

on lavatories on single-aisle aircraft. In this report we: (1) describe the

lavatory designs for single-aisle commercial aircraft and the availability of

lavatories designed to provide access for persons with reduced mobility

on those aircraft and (2) discuss the challenges wheelchair-bound

passengers and others face traveling on single-aisle aircraft without

accessible or functional lavatories and efforts DOT has under way to

address these challenges.

To describe the lavatory designs for single-aisle aircraft and the

availability of lavatories designed to provide access for persons with

55 Fed. Reg. 8008 (Mar. 6, 1990) (codified as amended at 14 C.F.R. § 382.63). Among

other things, the 1990 regulations required new (ordered by the U.S. carrier after April 5,

1990, or delivered to the carrier more than 2 years after April 5, 1990) wide-body aircraft

with more than one aisle in which lavatories are provided to have lavatories that meet

certain specified accessibility criteria for passengers with mobility disabilities. Per DOT’s

current regulation, an “accessible lavatory” with respect to twin-aisle aircraft must permit a

qualified individual with a disability to enter, maneuver within as necessary to use all

lavatory facilities, and leave, by means of the aircraft’s on-board wheelchair; must afford

privacy to persons using the on-board wheelchair equivalent to that afforded ambulatory

users; and must provide door locks, accessible call buttons, grab bars, faucets and other

controls, and dispensers usable by qualified individuals with a disability, including

wheelchair users and persons with manual impairments. There are no federal regulations

requiring commercial passenger aircraft to have lavatories in the cabin. However, if there

is a lavatory on-board, DOT and FAA can and do have regulations over certain

components. For example, aircraft lavatories in passenger-carrying aircraft are required to

be equipped with a smoke detector system or equivalent and ashtrays.

Pub. L. No. 115-254, § 426, 132 Stat. 3186, 3339-40. Accessible lavatories may benefit

other persons with reduced mobility and other passengers (such as larger sized

passengers and those traveling with small children) as well.

Letter

Page 3 GAO-20-258 Aircraft Lavatories

reduced mobility on selected air carriers’ single aisle aircraft , we

reviewed DOT’s regulations, guidance, and rulemakings pertaining to

lavatories on commercial passenger aircraft. We also conducted a

literature search of government, trade, and academic publications for

studies and articles pertaining to aircraft lavatory accessibility,

functionality, and size. Specifically, we searched for articles published

between January 2009 and February 2019 in Scopus, EBSCO, ProQuest,

Dialog, West, and Aviation Week Information Network. We interviewed

officials from DOT, including the Federal Aviation Administration (FAA),

on federal requirements for aircraft lavatories. We analyzed commercial-

passenger aviation statistics from DOT’s Bureau of Transportation

Statistics (BTS) and we selected the top eight U.S. mainline carriers

based on 2018 passenger trips to include in our review. We interviewed

the eight carriers about their fleets and type of lavatories—including

lavatories designed to provide increased access for persons with reduced

mobility.

We reviewed and analyzed the carriers’ most recent corporate

reports and websites for additional information on their fleets and lavatory

types. These carriers’ fleets of single-aisle aircraft largely consist of

aircraft manufactured by Airbus (A220, A319, A320, and A321aircraft) or

various versions of Boeing’s 737 or 757 aircraft. We interviewed officials

from Airbus and Boeing and four manufacturers that make lavatories for

Airbus and Boeing aircraft about lavatory designs and their accessibility to

persons who rely on the aircraft’s on-board wheelchair. To obtain the

perspectives of cabin crew and passengers on the accessibility of aircraft

lavatories, we interviewed representatives of cabin-crew labor

associations and consumer groups (i.e., stakeholder groups), including

those representing persons with disabilities. Because there is no federal

requirement for or definition of what constitutes an accessible lavatory on

single-aisle aircraft, we focused on whether existing lavatories on those

We interviewed eight of the U.S. largest mainline carriers based on their 2018 passenger

trips: Alaska, American, Delta, Frontier, JetBlue, Southwest, Spirit, and United Airlines.

We did not include SkyWest and Republic Airlines because they are considered to be

regional carriers and typically do business for other airlines. Of the eight carriers we

selected, Alaska, Frontier, JetBlue, Southwest, and Spirit have only single-aisle aircraft in

their fleet. Southwest is the only carrier whose fleet consists of only Boeing 737aircraft,

while Frontier and Spirit fly only Airbus single-aisle aircraft. JetBlue flies Airbus and

Embraer single-aisle aircraft. American, Delta, and United have predominantly a mixture

of Airbus and Boeing single-aisle aircraft in their fleets. Delta also has a few McDonnell-

Douglas model aircraft in its fleet. We did not include aircraft that are generally considered

as regional aircraft in our analysis because they are neither within the scope of current

DOT accessible lavatory regulatory requirement nor within the scope of the wheelchair

accessibility related requirements of a November 2016 advisory committee proposal to be

used as the basis of an upcoming DOT rulemaking.

Letter

Page 4 GAO-20-258 Aircraft Lavatories

aircraft were designed to accommodate passengers with reduced

mobility, including those who rely on the onboard wheelchair to enter an

aircraft lavatory with an assistant’s aid in order to use the facilities.

To describe the challenges passengers with reduced mobility, including

those who require the use of the onboard wheelchair, may face related to

accessing aircraft lavatories, we obtained passenger complaint data from

DOT and the selected air carriers. We obtained data for passenger

complaints related to accessibility, inadequate facilities, and flight delays

for calendar years 2014 through 2018 from DOT’s Aviation Consumer

Protection Division’s consumer complaint database. We analyzed the

data to identify complaints related to lavatory function, size, and

accessibility. To assess the reliability of the complaint data, we

interviewed DOT officials about how the data were collected and used.

Because our interviews with DOT officials indicated that no changes had

been made to the processes used to collect and maintain the complaint

data, we also relied on the past data’s reliability assessment from our

recently issued airline consumer-protection report, an assessment that

found that the data were sufficiently reliable for our purposes.

We also

requested passenger complaint data for calendar year 2018 related to

lavatories from the eight selected U.S. carriers and obtained from data

from four carriers for this time period. We interviewed officials from the

eight selected U.S. carriers and obtained and reviewed their policies on

and the frequency of flights with non-functioning lavatories for calendar

year 2018. To understand the types of challenges wheelchair-bound

passengers face regarding lavatory accessibility, we interviewed

representatives of cabin-crew labor associations and consumer groups,

especially those representing persons with disabilities. We also

interviewed DOT officials and members of DOT’s Advisory Committee on

Accessible Air Transportation (ACCESS Advisory Committee), which

studied issues involved in requiring accessible lavatories on single aisle

aircraft in anticipation of possible rulemaking.

We conducted this performance audit from December 2018 to December

2019 in accordance with generally accepted government auditing

standards. Those standards require that we plan and perform the audit to

obtain sufficient, appropriate evidence to provide a reasonable basis for

See GAO, Airline Consumer Protections: Additional Actions Could Enhance DOT’s

Compliance and Education Efforts, GAO-19-76 (Washington D.C.: Nov. 20, 2018).

https://www.transportation.gov/access-advisory-committee.

Letter

Page 5 GAO-20-258 Aircraft Lavatories

our findings and conclusions based on our audit objectives. We believe

that the evidence obtained provides a reasonable basis for our findings

and conclusions based on our audit objectives.

Background

When DOT issued regulations requiring accessible lavatories on twin-

aisle aircraft in 1990, single-aisle aircraft were used primarily for shorter

distances. However, technological advancements—such as the use of

lighter, stronger composite materials—have enabled aircraft to fly longer

distances with greater fuel efficiency. As a result, both Airbus and Boeing

now offer single-aisle aircraft designs that can routinely fly 3,000 to

almost 4,000 nautical miles—or easily from coast to coast in the

continental U.S. as well as some overseas routes to and from the U.S. Of

the eight U.S. carriers we interviewed for this review, five of them operate

only single-aisle aircraft and the remaining three fly a mixture of single-

and twin-aisle aircraft. As shown in figure 1, twin-aisle aircraft are rarely

used for domestic flights by U.S. carriers. In 2018, 99 percent of U.S.

aircraft departures for domestic flights occurred on single-aisle aircraft:

71.7 percent on the larger single-aisle aircraft; 26.61 percent on smaller,

regional aircraft; and 0.68 percent on turbo jets.

Letter

Page 6 GAO-20-258 Aircraft Lavatories

Figure 1: U.S. Aircraft Departures for Domestic Flights by Aircraft Type in 2018

According to the 2010 U.S. Census, 57 million Americans (roughly 1 in 5)

have a disability, of whom half have mobility issues that may require

accommodations when flying.

Furthermore, older Americans are

representing a greater share of the U.S. population. By 2020, 16.5

percent of the nation’s population will be over age 65, and by 2030, 20

percent of the population will be over age 65, and the likelihood of this

group’ needing assistance to access lavatories may increase as they age.

As an indication of the number of people with reduced mobility flying,

DOT’s monthly aviation travel data indicate that for the first 6 months of

For more information, see GAO, Passengers with Disabilities: Air Carriers’ Disability-

Training Programs and the Department of Transportation’s Oversight, GAO-17-541R

(Washington, D.C.: May 31, 2017).

Letter

Page 7 GAO-20-258 Aircraft Lavatories

2019, aviation passengers checked a total of 294,216 wheelchairs and

scooters.

Over the past 30 years, some efforts have been made to address the

issue of ensuring non-discriminatory treatment of aircraft passengers,

including access to aircraft lavatories. The enactment of the ACAA, which

prohibits discrimination by airlines on the basis of disability, charged DOT

with promulgating implementing regulations. DOT promulgated a final rule

in 1990, in which it required aircraft with more than one aisle (twin-aisle

aircraft) in which lavatories are provided to have at least one wheelchair

accessible lavatory. DOT, however, deferred setting regulations for

single-aisle aircraft, noting cost and feasibility concerns for carriers. Since

that initial regulation, DOT has taken several steps to study the issue of

accessible lavatories for single-aisle aircraft, but as of December 2019,

none of these actions has resulted in a regulation for accessible

lavatories in single-aisle aircraft. These steps include:

· DOT issued an advance notice of proposed rulemaking (ANPRM) to

study, among other things, the issue of accessible lavatories on

single-aisle aircraft that was issued in conjunction with its final rule

mandating that twin-aisle aircraft must have a lavatory that is

accessible to passengers who use wheelchairs.

· DOT created an advisory committee in 1992 to provide guidance to

DOT concerning access to lavatories on single-aisle aircraft for

persons with disabilities, including persons who rely on the aircraft’s

onboard wheelchairs.

In 1996, the committee reported to DOT that it

would be feasible to provide accessible lavatories on single-aisle

aircraft but acknowledged that there could be a cost to doing so.

· As part of a final rule that DOT issued in 2008 to amend the ACAA

regulations to include foreign carriers that fly to the U.S., DOT

acknowledged that requiring accessible lavatories on single-aisle

U.S. airlines with at least 0.5 percent of total domestic scheduled-service passenger

revenues are required to report data on wheelchairs, scooters, and mishandled baggage

to DOT. Although DOT issued a final rule on the reporting of these data, it did not start

collecting monthly data for wheelchair and scooter enplanement and mishandling until the

FAA Reauthorization Act of 2018 ( Pub. L. No. 114-254, §441, 132) mandated that the

compliance date for this rule be not later than 60 days after the enactment of the act,

which was signed on October 5, 2018.

See 55 Fed. Reg. 8078 (Mar. 6, 1990).

See 57 Fed. Reg. 424 (Jan. 6, 1992).

Letter

Page 8 GAO-20-258 Aircraft Lavatories

aircraft was an ongoing issue.

While the department noted that

accessible lavatories on single-aisle aircraft would benefit passengers

with disabilities, it also expressed concerns that revenue loss and

other cost impacts could be too great for the carriers. The department

said that it would continue to study the issue and review ongoing

developments.

· DOT published a notice of intent in December 2015 to explore the

feasibility of conducting a negotiated rulemaking concerning, among

other things, accessible lavatories on single-aisle aircraft for travelers

with disabilities.

· As a result of the 2015 notice of intent, DOT established the ACCESS

Advisory Committee in 2016—composed of representatives from air

carriers, aircraft manufacturers, disability groups, and other aviation

stakeholders. Its charge was to negotiate and develop a proposed

amendment to DOT regulations for DOT’s consideration concerning

accommodations for air travelers with disabilities that would address

whether to require accessible lavatories on new single-aisle aircraft,

among other issues. The committee noted that the issue of requiring

accessible lavatories on single-aisle aircraft merited exploration

because of two developments: (1) the increased use of single-aisle

aircraft on long flights, and (2) the availability of new accessible-

lavatory designs for single-aisle aircraft. In late 2016, the ACCESS

Advisory Committee agreed on proposed amendments that included

short-term and long-term solutions to address the challenges persons

with mobility impairments face when traveling on single-aisle aircraft.

The committee, taking into account costs to industry, recommended

accessible lavatories on new aircraft, did not recommend requiring the

retrofit of existing aircraft, and proposed a multi-tiered approach to

meet this goal.

73 Fed. Reg. 27614, 27625 (May 13, 2008).

80 Fed. Reg. 75953 (Dec. 7, 2015).

According to the committee’s proposal, all new aircraft delivered 3 years after the

effective date of the final rule should meet certain accessible features such as toilet seat

height, assist handles, lavatory controls, and call buttons. Aircraft ordered 18 years after

and delivered 20 or more years after the effective date of the final rule as well as any new

type design aircraft for which an application is filed with the FAA more than 1 year after

the effective date of the rule would be required to install at least one lavatory large enough

to permit a passenger with disabilities to perform both a seated independent and

dependent transfer from the onboard wheelchair with or without an assistant, in addition to

the accessible features. Under the committee’s proposal, the accessible lavatory must

enable a person ranging in sizes from the fifth percentile female to the 95

percentile male

to enter and use the facility.

Letter

Page 9 GAO-20-258 Aircraft Lavatories

· In 2019, DOT publicized its intent to issue notices of proposed

rulemaking regarding accessible lavatories to address the ACCESS

Advisory Committee’s final resolution, which we discuss in more detail

below.

ManufacturersofSingle-AisleAircraftOffer

LavatoriesDesignedtoBetterAccommodate

PersonswithReducedMobility,butSelected

CarriersRarelyChoosetoAcquireThem

AircraftManufacturersOfferaRangeofLavatoryDesigns

forSingle-AisleAircraft,IncludingDesignsto

AccommodateOnboardWheelchairs

Both Airbus and Boeing offer their customers a range of standard lavatory

designs.

For example, both Airbus and Boeing offer a lavatory with a

contoured design (see fig. 2). This design offers a smaller sink and

different dimensions than previous lavatories and has a contoured or

angled wall on the exterior allowing seats in the last row to recline into the

bottom portion of the contour. Air carriers can also choose to move the

last row of seats back into the contour and then add an extra row of seats

after making other changes to the configuration of seating rows. Airbus

and Boeing also offer flat-wall lavatory designs that are similar to the

standard flat-wall lavatories that had previously been available on single-

aisle aircraft for years but have slightly different interior dimensions.

Compared to the contoured lavatory design, this current flat-wall lavatory

design could offer a larger sink or more countertop space. According to

measurements and diagrams the aircraft and lavatory manufacturers

provided for these lavatory styles, some interior lavatory dimensions have

decreased while other dimensions have increased. For example, changes

in these two lavatory styles have resulted in increased interior space in

some areas, such as the sitting knee space and diagonal shoulder width,

and decreased space in other areas, such as the entry width and door

Larger single aisle aircraft in the fleets of the eight selected carriers we included typically

have multiple lavatories; for example, one in the front and two in the rear. Some larger

single-aisle aircraft may also have an additional lavatory in the middle of the aircraft.

Letter

Page 10 GAO-20-258 Aircraft Lavatories

height.

These changes were to provide carriers options to help them

meet their business strategies.

Figure 2: Comparison of Standard and Contoured Lavatory Designs Manufacturers Offer for Single-Aisle Aircraft

In addition to making changes to the standard lavatories, since 2015, both

Airbus and Boeing offered lavatory configurations for their single-aisle

aircraft designed to provide greater access for passengers who rely on

the use of onboard wheelchairs.

According to officials for Airbus and

Boeing, both manufacturers use a design that connects two adjacent

lavatories with a retractable wall or partition. As shown in figure 3, when

the folding partition is open, this configuration is designed to enable the

person who relies on the aircraft-onboard-wheelchair to enter in one of

The changes in the lavatory dimensions generally are no more than a few inches.

Depending on the passenger, these differences could affect the passenger’s sense of

space within the lavatory.

In general, U.S. commercial aircraft with more than 60 passenger seats and that have an

accessible lavatory are required to have available onboard wheelchairs that are specially

designed to be wheeled down narrow aircraft aisles. 14 C.F.R. § 382.65.

Letter

Page 11 GAO-20-258 Aircraft Lavatories

the lavatories and then transfer or be transferred to the toilet in the other

lavatory. While there are differences between the Boeing and Airbus

models, they operate similarly. Both the Airbus and Boeing designs are

for the rear of the aircraft and take up space in the area normally used for

the galley where food and drink carts are located for flight attendants’

access.

According to officials we interviewed from two carriers that have

purchased aircraft with this design, a reduced galley area is less of a

concern because their flights provide limited food and beverage service

and do not need a full galley. They said that the space where the

traditional lavatories were located could be used for other purposes, such

as more seats.

Figure 3: Example of a Single-Aisle Aircraft Lavatory Designed to Accommodate an Onboard Wheelchair

According to a selected aviation stakeholder, there also needs to be space outside of the

lavatory to accommodate the onboard wheelchair and its ability to maneuver into a

lavatory.

Letter

Page 12 GAO-20-258 Aircraft Lavatories

According to the manufacturers, the lavatory models that are designed for

greater accessibility accommodate the onboard wheelchair to varying

degrees.

· Airbus offers two designs to accommodate a passenger with an

onboard wheelchair. The Space Flex version 1 design consists of two

adjacent lavatories with a connecting retractable partition.

This

retractable partition can open to allow for a passenger who relies on

the aircraft onboard-wheelchair to enter the lavatory with or without

the help of an assistant.

A representative from a disability

organization was generally positive about the Space Flex version 1

and said it was a good design for both carriers and travelers with

disabilities. Airbus also offers another lavatory design specifically for

its A220 single-aisle aircraft model.

Airbus officials told us that it is a

single lavatory that is designed to accommodate a wheelchair but

cannot accommodate both a passenger in an onboard wheelchair and

an assistant.

· Boeing offers one lavatory designed to accommodate a passenger

using an onboard wheelchair for single-aisle aircraft for its 737 aircraft

family. This design, known as the Pax Plus, consists of two adjacent

lavatories with a removable partition designed to enable a wheelchair

and assistant to enter.

In addition, officials from the eight selected air carriers told us that their

crews are trained to assist passengers with reduced mobility to use

lavatories. These officials from the eight air carriers stated that they

provide their cabin crew with initial and, in some cases, recurrent training

about how to assist passengers with reduced mobility, pursuant to DOT

The Space Flex lavatories are designed to provide greater access for the Airbus 320

aircraft family, which consists of the A319, 320, and 321 aircraft models.

According to Airbus officials, there is a Space Flex version 2 lavatory design also

consisting of two adjacent lavatories. However, the version 2 lavatories are narrower, do

not have a retractable wall, and are not designed to accommodate an onboard wheelchair

and assistant. Rather, it can be designed with an optional transfer seat and grab bar

inside the lavatory that, depending on the extent of a person’s disability, a person can use

to switch from an onboard wheelchair, which remains outside the lavatory, to the toilet

seat.

This lavatory was originally designed for the Bombardier C Series aircraft. Now

produced in a partnership with Airbus, this aircraft was renamed the A220.

Airbus also offers a Dual Aft Lavatory Complex that is the A220 version of the two

adjoining Space Flex Lavatories for its A220 aircraft.

Letter

Page 13 GAO-20-258 Aircraft Lavatories

regulations.

DOT regulations further stipulate that if there is an on-board

wheelchair, the carrier must provide assistance to enable the passenger

to move to and from the lavatory if, in general, such assistance is

requested by or on behalf of a passenger with a disability.

OnboardWheelchair-AccommodatingLavatoriesAreNot

aCommonFeatureonSelectedU.S.Carriers’Aircraft

While aircraft manufacturers offer lavatories designed to accommodate

passengers with mobility impairments, carriers do not often choose to

acquire them. Of the eight U.S. carriers we interviewed, we found that

four have some aircraft—all of which are Airbus aircraft—with lavatories

that are designed to accommodate passengers with mobility impairments

to some extent. Only one of these carriers is among the four with the

largest number of aircraft in their fleet. Specifically, these four carriers

have either the Space Flex version 1 or the Airbus A220 lavatory. Despite

Boeing’s offering of the Pax Plus lavatories since 2017, Boeing officials

told us that as of November 2019 no U.S. carriers have ordered these

lavatories for their current or future single-aisle Boeing aircraft. Overall,

about 4.5 percent of the combined single-aisle fleet of the eight selected

carriers have lavatories designed to provide some measure of greater

access to passengers with reduced mobility, including those who require

the use of the onboard wheelchair (see fig.4).

Under 14 C.F.R. § 382.141(a)(1(i)), for example, carriers operating aircraft with 19 or

more passenger seats are required to provide training to personnel who deal with the

traveling public concerning, among other things, federal regulations affecting the provision

of air travel to passengers with a disability. In addition, such carriers are required to

provide training on their procedures concerning the provision of air travel to such

passengers including the proper and safe operation of any equipment used to

accommodate passengers with a disability. 14 C.F.R. § 382.141(a)(1)(ii). In other words,

the onboard wheelchair and the lavatory retractable partition would be considered as

equipment used to accommodate a passenger with disabilities.

14 C.F.R. § 382.111. However, according to DOT regulations, carriers are not required

to lift or carry a passenger with a disability in moving to and from the lavatory or provide

assistance within the lavatory. 14 C.F.R. §§ 382.111, 382.113.

Specifically, only three airlines have the Space Flex version 1 lavatory (10 for Alaska

Airlines; 21 for Frontier; and 105 for Spirit Airlines). Delta has 25 A220 aircraft with the

lavatory that can accommodate the onboard wheelchair but not with an assistant.

According to officials of Alaska Airlines, the 10 Airbus aircraft were originally Virgin

America aircraft, which Alaska acquired in 2016.

Letter

Page 14 GAO-20-258 Aircraft Lavatories

Figure 4: Number of Lavatories Designed for Persons with Reduced Mobility on

Selected U.S. Carriers’ Single-Aisle Aircraft, as of November 2019

According to the carriers we interviewed, they consider the configuration

of the aircraft among other factors, including their business strategy,

when ordering lavatories for new aircraft. Providing a lavatory designed to

accommodate onboard wheelchairs on single aisle aircraft may require

financial tradeoffs for carriers, such as reducing the number of revenue

generating seats in the aircraft cabin. According to airline officials, this

reduction can result in higher costs for carriers that subsequently might

be passed onto consumers through higher fares. Officials from all eight

selected carriers, however, stated that all of their aircraft lavatories have

features designed to increase access to certain lavatory functions, such

as assist handles or grab bars, accessible call buttons, door locks, and

faucets that passengers with disabilities can use.

Carrier officials also stated that they need to make trade-offs between

competing priorities; for example, taking into account how onboard

wheelchair-accommodating lavatory designs may affect food service.

According to officials from two carriers, an onboard wheelchair-

accommodating lavatory can result in less galley space, and a full galley

Letter

Page 15 GAO-20-258 Aircraft Lavatories

at the back of the aircraft is needed for the type of services they wish to

provide to their customers without compromising customer seating

capacity. Conversely, officials from two other carriers told us that trading

galley space for onboard wheelchair-accommodating lavatories did not

affect their food service, as they do not provide full meal service. For

example, they said that because they did not need the full galley space,

the Space Flex lavatory enabled them to add not only a lavatory that

accommodates onboard wheelchairs but also an additional row of

passenger seats.

LackofOnboardWheelchair-Accommodating

LavatoriesCanMakeFlyingDifficultfor

PersonswithReducedMobility,andDOTIs

ConsideringRulemakingforAccessible

LavatoriesonSingle-AisleAircraft

WhileComplaintDataAreLimited,GroupsAdvocatingfor

PersonswithReducedMobilityStatedThattheLackof

AccessibleLavatoriesMakesFlyingDifficult

Representatives from stakeholder groups we interviewed told us that the

lack of accessible lavatories makes flying challenging for persons with

reduced mobility. They described how some passengers with reduced

mobility take precautionary measures to avoid the need to use an aircraft

lavatory, such as severely limiting food and fluid intake in advance of the

flight, risking dehydration; using a catheter; or wearing a protective

undergarment. Some passengers with reduced mobility reportedly may

avoid long flights altogether by purchasing flights with connections or

layovers. However, according to one stakeholder group, these

precautionary measures may not alleviate the fear and anxiety that

passengers who rely on the onboard wheelchair to get to the lavatory

may face during air travel as there is always the possibility of having to

deal with circumstances beyond their control. For example, unforeseen

events such as increased flight time or delays in getting to the gate can

increase the time a passenger has to postpone attending to normal bodily

functions. Finally, stakeholder groups report that passengers may choose

not to travel at all, or to drive rather than fly, choices that may increase

the cost and time of travel, particularly if it involves an overnight stay.

Letter

Page 16 GAO-20-258 Aircraft Lavatories

Even when an aircraft has a lavatory that can accommodate an onboard

wheelchair, which exists on about 4.5 percent of the combined fleet of

single-aisle aircraft for the 8 airlines included in our review, passengers

may have difficulty determining whether or not their flight has such a

lavatory.

According to officials of air carriers, passengers may call the

carriers’ customer service department for this information, although not all

phone representatives may have this information readily available. In

addition, our review of selected carriers’ websites revealed that most do

not have information about which flights or aircraft may have such a

lavatory, although we found that two carriers include descriptions of

aircraft amenities or diagrams denoting onboard wheelchair-

accommodating lavatories. However, even if this information were made

available, it may not guarantee that a passenger with a mobility

impairment will be able to fly on an aircraft with this type of lavatory

because air carriers sometimes switch aircraft at the last minute without

notice, such as when, for example, an aircraft has a mechanical problem.

While stakeholders described challenges, neither air carriers nor DOT

receive a large number of complaints regarding the lack of lavatories

designed to accommodate passengers who use onboard wheelchairs or

lavatories in general. As we have previously reported, DOT receives and

processes complaints from passengers and uses complaint data to help

identify which carriers to inspect for consumer protection violations.

From 2014 through 2018, DOT received 59,846 complaints about U.S.

carriers. Of these, we reviewed 1,263 complaints related to accessibility,

inadequate facilities, and flight delays and identified 69 complaints about

lavatories in general and 5 about the accessibility of lavatories. Of the 69

lavatory complaints identified:

· 64 related to non-functioning lavatories (e.g., non-operational or

unclean lavatories, sinks lacking running water, etc.);

Under 14 C.F.R. § 259.5, carriers operating to, from, or within the United States, with a

least one aircraft having a designed seating capacity of 30 or more seats are to adopt a

customer service plan that, among other things, addresses the provision of information on

lavatory availability on the selling carrier’s website, and upon request, from the selling

carrier’s telephone reservations staff.

See GAO, Airline Consumer Protections: Additional Actions Could Enhance DOT’s

Compliance and Education Efforts, GAO-19-76 (Washington, D.C.: November 2018). Most

of DOT’s airline passenger complaints fall into only a few complaint categories. In 2018,

DOT reported that the top four complaint categories accounted for about 70 percent of all

complaints it receives about airlines. These complaints were about flight problems,

baggage issues, reservations/ticketing/boarding, and customer service.

Letter

Page 17 GAO-20-258 Aircraft Lavatories

· 5 related to lavatories being inaccessible by persons with disabilities

(e.g., lavatory grab bars at an improper height, passenger using

onboard wheelchair unable to enter lavatory);

and

· 2 related to lavatory size (e.g., lavatory size has been reduced).

We also discussed lavatory-related complaints with the eight selected air

carriers, three of which reported that these complaints made up about 1

percent or less of the total passenger complaints they received in 2018.

Four air carriers reported that lavatory complaints related to accessibility

made up an even smaller portion—around 0.05 percent or less of their

total passenger complaints in 2018.

However, the small number of complaints related to lavatory accessibility

does not necessarily indicate that individuals who use onboard

wheelchairs are not affected by inaccessible aircraft lavatories, as some

may choose not to fly,

and others may take precautionary measures as

described above to avoid having to use the aircraft lavatory. Furthermore,

because accessible lavatories are not required on single-aisle aircraft and

there is no expectation that the lavatory would be accessible, passengers

may not see grounds to complain or may not take the time to submit a

complaint. As we have previously reported, complaint data are inherently

limited because, according to academic literature, a substantial portion of

dissatisfied individuals never complain and are therefore not represented

in the complaint data. Finally, when they do complain, their complaints

may not be representative of other individuals.

We also found that there were very few complaints about non-functioning

lavatories. As noted above, DOT received 64 passenger complaints on

non-functioning lavatories. Carrier officials also told us that they have

received few complaints about non-functioning lavatories. According to

The sum of individual complaint categories exceeds total complaints as two complaint

records contained complaints about size and inaccessibility.

Three or four of the air carriers—depending on the nature of the complaint—provided

comparable data. The other four carriers included in our review either did not provide

complaint data or the data they provided were not from a comparable 2018 time period. In

the case of the latter, the levels of aircraft lavatory complaints reported were also very low.

In a 2016 rulemaking effort to require U.S. carriers to report monthly the number of

mishandled wheelchairs, DOT acknowledged that some persons with disabilities may be

reluctant to fly, indicating that there may be barriers to travel. See 81 Fed. Reg. 76300,

76304 (Nov. 2, 2016).

GAO-19-76.

Letter

Page 18 GAO-20-258 Aircraft Lavatories

the air carrier officials we interviewed, depending on the flight, some

flights may operate with one or more lavatories not functioning. However,

most carrier officials reported that according to data they collect, this

occurred on less than 2 percent of flights. In such instances, some carrier

officials stated they would notify passengers of nonoperational lavatories

to give them the opportunity to use the airport lavatories prior to boarding.

These officials also stated that if all lavatories are inoperable it is the

responsibility of the pilot—in consultation with flight dispatchers—to

decide if the aircraft will take off or, if lavatories become inoperable during

a flight, to divert to an airport other than the destination. Carriers further

noted that flights with no operational lavatories are extremely rare.

DOTHasIntroducedRulemakingandHasOtherEfforts

UnderWaytoHelpAddressDifficultiesFacedbyAir

TravelerswithDisabilities

As previously noted, in late 2016, the ACCESS Advisory Committee

reached a consensus on proposed amendments that would require

accessible lavatories on single-aisle aircraft. DOT announced in 2019 that

it would address the issue in rulemaking.

On December 16, 2019, DOT

issued a notice of proposed rulemaking to solicit comments on short-term

accessibility improvements on single-aisle aircraft through the installation

of accessibility features within the lavatory, such as assist handles, call

buttons, and lavatory controls, without changing the size of lavatories.

addition, DOT has announced its intention to issue an advanced notice of

proposed rulemaking to address long-term accessibility improvements,

also addressed by the Advisory Committee, and to solicit comments and

gather information on the costs and benefits of requiring carriers to

increase the size of the single-aisle lavatory on new aircraft models to

enable passengers using an onboard wheelchair to enter and use the

lavatory with an assistant, if necessary.

In late 2018, the Paralyzed Veterans of America, et al., petitioned the United States

Court of Appeals for the Tenth Circuit (No. 18-1465) to require DOT to issue a proposed

rule governing single-aisle aircraft lavatory accessibility. DOT asserted that such relief was

inappropriate where the Secretary is poised to issue a proposed rule. In May 2019, the

court abated (suspended) the matter pending further order of the court, and ordered DOT

to file a status report every 45 days regarding their progress on issuing the notice of

proposed rulemaking.

85 Fed. Reg. 27 (Jan. 2, 2020).

Letter

Page 19 GAO-20-258 Aircraft Lavatories

In addition to the two rulemakings, DOT has recently established another

advisory committee. The ACAA Advisory Committee was created in

response to a requirement in the FAA Reauthorization Act of 2018, has a

2-year charter, and is required to report its findings to both DOT and

Congress on current DOT regulations on barriers to persons with

disabilities who want to travel by air. The ACAA Advisory Committee is

also required to determine the extent to which DOT is addressing those

barriers, recommend improvements to implement the ACAA, and improve

the flying experience for travelers with disabilities. The committee—

comprised of members representing aircraft manufacturers, national

disability organizations, air carriers, and airports—plans to hold its first

meeting in early 2020. According to DOT officials, although it is within the

purview of this committee to consider issues regarding accessible

lavatories, it does not plan to do so at the present time given that the two

proposed rulemakings are proceeding and that there is a Congressional

mandate for the committee to report on other issues within 6 months of

the first meeting.

AgencyComments

We provided a draft of this report to DOT for review and comment. DOT

provided technical comments, which we incorporated as appropriate.

Section 438(b) of the FAA Reauthorization Act of 2018 mandated that the ACAA

Advisory Committee report on ticketing, pre-flight seat assignment, access to bulkhead

seating, and stowage of assistive devices within 6 months of the committee’s first meeting.

Letter

Page 20 GAO-20-258 Aircraft Lavatories

We are sending copies of this report to the appropriate congressional

committees, DOT, and other interested parties. In addition, the report is

available at no charge on the GAO website at http://www.gao.gov.

If you or your staff have questions concerning this report, please contact

me at (202) 512-2834, or [email protected]. Contact points for our Offices

of Congressional Relations and Public Affairs may be found on the last

page of this report. GAO staff who made key contributions to this report

are listed in appendix I.

Andrew Von Ah

Director, Physical Infrastructure Issues

Appendix I: GAO Contact &

Acknowledgements

Page 21 GAO-20-258 Aircraft Lavatories

AppendixI:GAOContact&

Acknowledgements

GAOContact

Andrew Von Ah at (202) 512-2834 or [email protected]

StaffAcknowledgments

In addition to the individual named above, other key contributors to this

report were Ed Laughlin, Assistant Director; Martha Chow, Analyst-in-

Charge; James Geibel; Geoffrey Hamilton; Elke Kolodinski; Gail Marnik;

Malika Rice; Amy Rosewarne; Travis Schwartz; Pamela Snedden; and

Elizabeth Wood.

(103191)

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