Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.51, 39.35, 39.37, 39.5

QUESTION: WHAT ADVANCE NOTICE CAN A PVO REQUIRE IN ORDER TO PROVIDE A PARTICULAR AUXILIARY AID OR SERVICE?

ANSWER:

*A PVO may request that a passenger provide reasonable advance notice to obtain a particular auxiliary aid or service that the passenger wants. The purpose of the advance notice is to allow the PVO adequate time to consult with the passenger concerning the request and to make arrangements for the particular aid or service.

*The amount of advance notice the PVO should request is not specifically stated in the rule. The 72-hour time period stated in section 39.37(b) with groups of 10 or more persons with disabilities traveling together does not apply to requests for particular auxiliary aids and services. A PVO should ask for a reasonable amount of advance notice, meaning enough to determine what aid or service is most appropriate and to make sure that the aid or service is provided in a timely fashion.

*Where the aid or service requested involves an additional person traveling on a cruise ship (e.g., a sign language interpreter), additional travel and security requirements (e.g., Transportation Security Administration rules) may need to be taken into account in determining the amount of advance notice that is needed in such a situation.

*The Department urges passengers who request specific auxiliary aids and services to contact the PVO with their requests as soon as possible (e.g., at the time of reservation for a cruise). This will help the PVO arrange for effective communication with the passenger.

*If sufficient advance notice is not provided, preventing a requested aid or service from being made available in a timely manner or at all, the PVO should still make its best effort to ensure that effective communication is provided.