Workshop on Travel for Passengers with Reduced Mobility

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Workshop on Travel for Passengers with Reduced
Mobility
Sofia, Bulgaria 31st March 1st April 2009
The Implications for Europe of the US Rule on the
Air Carriers Access Act Ann Frye, Chair, ECAC
Sub-Group on PRMs
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US Rule

• Rule on Non-Discrimination on the Basis of
  Disability in Air Travel
• Will apply to
• All foreign carriers flying into/out of the USA
• All code share flights with US carriers anywhere
  in the world
• The Rule takes effect on 13th May 2009.

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US Rule

• The US Rule will apply to all non-US airlines
  which fly into and out of the US and to airlines
  anywhere in the world operating on a code share
  with a US carrier.

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US Rule

• That means that if non-US carriers on code share
  flights with US carriers land at your airports
  you will be affected.

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US Rule

• The Conflicts of Law Waiver Provision requires
  all non-US carriers to comply unless
• They are expressly prohibited from doing so by
  binding legal mandates in their own countries
• Carriers must have applied to the US DOT for a
  waiver by 10th September for it to be granted by
  13th May 2009.
• The waiver does not apply to recommended
  practices or voluntary codes.

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Code Share flights

• Code share flights starting or ending in the US
  are covered in full
• Code share flights between two non-US points are
  covered only by the service and
  non-discrimination provisions, not the aircraft
  accessibility provisions
• On code share flights between two non-US points,
  the US carrier, not the foreign carrier will be
  held responsible.

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US Rule

• The Rule deals includes provisions on
• Service and non-discrimination
• Aircraft accessibility
• Airport facilities.

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Main Provisions Discriminatory Practices

• Carriers may not
• Refuse to carry anyone on grounds of disability
• Require advance notice that a person with a
  disability is travelling (unless they need
  special provision for respirators etc)
• Limit the number of disabled people on a flight
• Require a disabled person to travel with an
  attendant (unless they locate and pay for such an
  attendant).

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Main Provisions Accessibility

• Aircraft must have
• Moveable aisle armrests on half the aisle seats
  (planes with 30 plus seats)
• Accessible lavatories (widebody/twin aisle
  planes)
• Priority space for passengers folding wheelchair
  in the cabin (planes with 100 plus seats)
• On board wheelchair (planes with 60 plus seats
  and an accessible lavatory).

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Main Provisions Other Services

• Airlines must
• Provide assistance with boarding, disembarking
  and making connections
• Give priority to wheelchairs and other assistive
  devices for in-cabin storage
• Accept battery powered wheelchairs and provide
  packaging for them if necessary
• Accept service dogs (but not (yet) other service
  animals).

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Main Provisions Administrative

• Airlines must
• Provide training for their own staff and staff of
  any contractors dealing with the public
• Designate complaints resolution officials to
  deal with passenger complaints.

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Conflicts between European and US requirements

• US Law
• Airlines are responsible for meeting needs of
  disabled passengers
• Prohibits limiting the number of disabled
  passengers on a flight
• Prohibits requirements for advance notice.

• European Law
• Airports are responsible for meeting needs of
  disabled passengers
• Number of disabled passengers cannot exceed the
  number of passengers able to help in an
  evacuation
• Permits a requirement of 48 hours notice.

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• So what does this mean for the airline, the
  airport . And the passenger?

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Can it work?

• Can the EU Regulation achieve a consistent, fair
  and effective system that gives disabled people
  the confidence to fly
• Between 27 Member States with very different
  economic and cultural structures
• At over 450 airports from Heathrow to a small
  island
• On over 150 airlines from national carriers to
  low cost operators?
• Without falling foul of stringent new US
  requirements?!

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The challenges for the airline

• The US rule holds the airline responsible for an
  area over which it has no control under the EU
  law
• There are some direct conflicts for example on
  restricting the number of disabled passengers and
  on requiring advanced notice
• And in any event, passengers do not have a
  contract with the airport and will continue to
  hold the airline responsible for their complete
  trip
• Airlines will, in practice, have to assist
  passengers in many cases, regardless of who is
  directly responsible.

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The challenges for the airport

• Finding out from the airline correct and
  timely information about arriving and departing
  passengers who need assistance
• A new PRM notification tool has been set up but
  depends on close co-operation between airport and
  airline and on pre-notification of the
  passengers needs
• It also depends on consistent and accurate use of
  IATA codes defining the level of assistance
  needed.
• Ensuring that the ground handling company is
  competent many airports have let contracts to
  cheaper cleaning companies rather than specialist
  handlers.

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Turning law into practice..

• Both the EU Regulation and the US Rule define the
  areas in which assistance needs to be provided
• But not how that assistance is to be delivered
• The Regulation asks that airports and air
  carriers have regard to Guidance from the
  European Civil Aviation Conference (ECAC) in
• How they organise assistance to disabled
  passengers and
• How they train their staff.

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Turning law into practice..

• Guidance drawn up by the ECAC - known as Doc 30
  sets out the quality standards and service levels
  that are needed
• The Guidance has no legal force but it is widely
  recognised and used by airlines and airports
• Service level targets and standards based on the
  ECAC guidance can be included in the contract
  with the assistance provider.

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Workshop on Travel for Passengers with Reduced
Mobility
Sofia, Bulgaria 31st March 1st April 2009
The Implications for Europe of the US Rule on the
Air Carriers Access Act Ann Frye, Chair, ECAC
Sub-Group on PRMs