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