Many disabled and reduced mobility air travellers still face problems of unjustified refusals, and other unfair demands when attempting to travel. As thousands of disabled Paralympians and spectators prepare to travel to London for the 2012 Olympic Games, the Commission has published guidelines to clarify their rights when travelling by air…
Many disabled and reduced mobility air travellers still face problems of unjustified refusals, and other unfair demands when attempting to travel. As thousands of disabled Paralympians and spectators prepare to travel to London for the 2012 Olympic Games, the Commission has published guidelines to clarify their rights when travelling by air.
Vice-President Siim Kallas, European Commissioner responsible for Transport, said: "Dealing with disability in life is a tough enough challenge: things shouldn’t get even tougher when you arrive at the airport".
The guidelines cover travellers at all EU airports and the operations of EU carriers anywhere in the world. They also cover non-EU carriers within or leaving Europe.
The aim is to clarify existing EU rules on passenger rights for disabled people and people with reduced mobility travelling by air (EC Regulation 1107/2006). They deal with problems in 22 areas on access to air travel without discrimination.
The key concerns are:
1. Pre-notification: The guidelines highlight the importance of pre-notification. In order to allow service providers (airports or airlines) to arrange the required assistance, it is essential that disabled persons and persons with reduced mobility notify their needs at least 48 hours before the published time of departure.
2. Unjustified refusals: Passengers report recurring problems with refusals and inconsistent requirements for medical certificates and for passengers to be accompanied.
• Medical Certificates: The guidelines clarify that medical certificates should, as a norm, not be required for those with a stable condition – for example blind people or those confined to wheelchairs.
• Accompanying persons. The guidelines clarify that if you are self-reliant, the norm is that you should not be required to be accompanied, except where there are specific safety requirements of which you should be advised.
3. Problems with medical and mobility equipment
• Mobility equipment: The guidelines underline that disabled passengers and passengers with reduced mobility are allowed to have two pieces of mobility equipment transported for free. A passenger using an electric wheelchair is obliged to notify the carrier at least 48 hours in advance. The guidelines further underline that recognised guide and assistance dogs shall travel within the cabin subject to appropriate prior notice. As for any passenger, sports equipment which is not mobility equipment is covered by the airlines’ general rules on luggage
• Oxygen on-board: Passengers needing to travel with oxygen must pre-notify in advance. The guidelines clarify that it is for the airline to determine whether passengers can bring their own oxygen and there is no requirement on an airline to provide oxygen. However, this information must be made clearly available by the airline.
Commenting on the new guidelines Vice President Siim Kallas said, "My message to disabled passengers is: if you want an easier journey, tell them in advance that you are coming."
And to the airlines and airport operators I would say, "Disabled and reduced mobility passengers will usually need your assistance. These guidelines are there to help you, in helping them."
Mr Yannis Vardakastanis, President of the European Disability Forum, said: "Quality assistance is very important for persons with disabilities and it is positively addressed into the interpretative guidelines. The European Commission chose a balanced approach and therefore manages to protect the interest of passengers with disabilities as well as passengers with reduced mobility in a proportionate manner"
Xavier Gonzalez, Chief Executive Officer of the International Paralympic Committee, the organizers of the Paralympic Games, said: “We welcome the publication of these guidelines and hope airports and airlines across Europe take note immediately."
"Just like the many passengers with a disability who fly on a daily basis, our athletes regularly experience unnecessary problems travelling through airports and with airlines. This should not be the case when we are striving for equality in society".
This summer 4,200 athletes will be travelling to London for the biggest ever Paralympic Games. The experience they have travelling on airlines and through airports could shape how they view the success of the Games regardless of their athletic performance.”
Background
Despite EU legislation on passengers rights, disabled persons and persons with reduced mobility continue to come across problems when travelling by air: a lack or unequal level of quality of service in Europe; too often unjustified refusals or restrictions of reservations or boarding based on unclear safety reasons; inconsistencies in the treatment of passengers who need medical oxygen on-board; limited level of awareness of passengers regarding their rights; limited percentage (around 40%) of pre-notification of assistance needs before travelling, which is of crucial importance to allow service providers to prepare the required assistance; lack of harmonised application of the Regulation by national enforcement bodies (NEBs); and lack of effectiveness in the treatment of complaints.
The guidelines are based on a detailed assessment of the existing Regulation concerning the rights of disabled persons and persons with reduced mobility when travelling by air (EC Regulation 1107/2006).
The guidelines have been thoroughly discussed with all stakeholders: national authorities, aviation industry (airline and airport organisations) as well as consumer and user associations, notably those representing disabled persons and persons with reduced mobility.
The guidelines will help facilitate air travel for disabled persons and persons with reduced mobility and thus assist air carriers and airports to improve the application of the Regulation. They will also assist national authorities with the enforcement of the Regulation. They will provide a real added value to the increased travel activity by disabled persons and persons with reduced mobility expected for the Paralympics.
What passengers with reduced mobility need to know when travelling by air
The Commission has published guidelines clarifying the rights of disabled passengers and people with reduced mobility when they travel by air. The Guidelines are published before the 2012 Olympics – one of the biggest sporting events in the world – which will take place in London this summer, specifically to facilitate the travel of participating athletes and many EU citizens with reduced mobility who still come across problems when travelling by air. The guidelines are based on a detailed assessment of the Regulation concerning the rights of disabled persons and persons with reduced mobility when travelling by air .
What is the problem?
EU legislation on passengers’ rights has been in force for more than four years now. However, some practical problems and uncertainties remain for air carriers and airports on the one hand and for disabled passengers and passengers with reduced mobility on the other.
There are still too many instances where passengers suffer unjustified refusal or restrictions on reservations or boarding based on unclear safety reasons (see below).
A significant number of passengers are not aware of their rights;
Only a limited percentage (around 40%) of passengers pre-notify their assistance needs before travelling. This is a central problem for airports and air carriers in trying to provide assistance;
Inconsistencies in the way the law is applied, has led to passengers facing different requirements and different limitations on different occasions when they travel in airports and airlines.
Some examples include:
• A senior UN official was denied boarding on a flight from Heathrow to Geneva because he was unaccompanied. The official was a paraplegic frequent traveller who had travelled unaccompanied for fifteen years.
• 3 passengers on internal French flights were denied boarding because they were unaccompanied. They later successfully challenged the decision in court. The airline and ground-handling company faced substantial fines for non-compliance.
What are the current rules?
Existing EU legislation on air passenger rights came into force in full in July 2008 (Regulation EC 1107/2006) and ensures the right to non-discrimination on the basis of disability or reduced mobility. Disabled persons and persons with reduced mobility have the same right to travel as persons without such mobility limitations.
These rights include:
• The right to non-discrimination during flight reservation and on ticket purchase
• The right to travel on an equal footing to any other passenger
• The right to information about safety rules applied by air carriers
• The right to free assistance at the airport and on-board aircraft
• The right to transport two pieces of mobility equipment free of charge
In order to benefit from these rights disabled passengers and passengers with reduced mobility should be aware of the following:
Notification of your needs for assistance to the airline, travel agent or to the tour operator at least 48 hours before the flight departure is crucial. Managing bodies of airports will be informed accordingly and shall be responsible for providing assistance up to the aircraft gate and to your seat; then the assistance is the responsibility of the airlines. The assistance is free of charge.
Although, pre-notification is not obligatory, it is highly recommended, to ensure that service providers (airport managers and air carriers) can organise the most appropriate assistance according to your needs and the circumstances of your trip.
Requests to transport an electric wheelchair or carriage of other potentially dangerous items must be notified to the air carrier 48 hours in advance.
The safety of all passengers and crew members on board is paramount. If air carriers deny boarding to disabled persons or persons with reduced mobility this must be based on clearly justified safety reasons.
Since its entry into force, the Regulation has allowed easier access to air transport and a smoother travel experience for the more than 2 million disabled and reduced mobility travellers using Europe’s main airports annually (2010 figures).
Now, after four years of application there are some lessons learnt which have led to the publication of these guidelines to clarify some of the rights and obligations of the different actors.
What are we proposing?
The guidelines cover travellers at all EU airports and the operations of EU carriers coming into, within and leaving the EU. They also cover non-EU carriers within or leaving Europe.
Their aim is to clarify the rules on access to air travel without discrimination whilst observing the fundamental and overriding principle of safety for all persons on-board.
These guidelines have been thoroughly discussed with all stakeholders: national authorities, aviation industry (airlines’ and airports’ organisations) as well as consumer and user associations, notably those representing disabled persons and persons with reduced mobility. They provide guidance in the form of 22 questions and answers on a variety of areas.
For the purpose of this memo, we are focusing here on the most common and most practical problems.
Who is a passenger with reduced mobility?
What is the problem with the definition?
The definition provided in the Regulation is very broad, it covers "any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age and whose situation needs appropriate attention". This has led to varying interpretations as to who is considered a person with reduced mobility and therefore entitled to assistance.
What is the guidance?
The guidelines make it clear that whilst the largest categories are disabled and elderly passengers, there are some other vulnerable citizens who are deprived of their full mobility that might need assistance depending on the circumstances of their travel.
The guidelines underline that requests for assistance should be proportionate and adapted to the passenger’s specific needs, but it is expected that assistance should be provided without undue restriction.
In this context, it is important to note, that a passenger’s mobility might be reduced at the airport, e.g. at very large airports with long distances to cover or at connecting points. In such cases assistance would only be required at the airport – the mobility of these passengers would not be considered as reduced on-board a plane
.
What does pre-notification mean and why is it so important?
What is the problem?
Pre-notification is central to the airport and airline being able to provide appropriate assistance.
However, currently only a limited number of passengers who need assistance pre-notify their needs prior to departure, thus depriving the service providers adequate preparation time to provide the required assistance. This is a root cause of many problems in the system.
What is the guidance?
In order to ensure the assistance providers are in a position to provide the required service at the best quality, it is essential to inform the air carrier at least 48 hours in advance of departure so that they can make the necessary preparation
The guidelines underline that although service providers need to make reasonable efforts to assist also passengers who have not pre-notified their needs, they may give priority to those who have done so.
Theodore is the Co-Founder and Managing Editor of TravelDailyNews Media Network; his responsibilities include business development and planning for TravelDailyNews long-term opportunities.
