Transcript Slide 1

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
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.
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.
US Rule
• That means that if
non-US carriers on
code share flights
with US carriers
land at your
airports you will be
affected.
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.
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.
US Rule
• The Rule deals
includes provisions
on:
– Service and nondiscrimination;
– Aircraft
accessibility;
– Airport facilities.
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).
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 passenger’s folding
wheelchair in the cabin (planes with 100
plus seats);
– On board wheelchair (planes with 60 plus
seats and an accessible lavatory).
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).
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.
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.
• So what does this mean for the
airline, the airport …. And the
passenger?
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?!
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.
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 passenger’s 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.
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.
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.
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