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-Groupon 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 non-

discrimination;– 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-Groupon PRMs