AIR TRAVEL: NEW RIGHTS, NEW OPPORTUNITIES!.
Ann Frye
Chair. ECAC
European Civil Aviation Conference
Subgroup on Passengers with Reduced Mobility

Airports are required to provide the services that a disabled passenger needs from arrival at the airport (at one of a number of "designated" points) to the aircraft seat and vice versa. The airport also has to provide assistance to enable a disabled passenger to move through all stages of the airport procedures including check-in, security checks and accessing duty free and restaurant outlets.

For the many thousands of disabled people who travel by air, 26th July 2008 is an important date!

On that date a new Europe-wide law requiring airports and airlines to meet the needs of disabled air passengers comes into force . This is the second stage of a European Regulation (1107/2006) which focuses on the rights of disabled people and people with reduced mobility in air travel.

For many years, disabled air passengers have faced discrimination and careless or undignified treatment in some airports and at the hands of some airlines. Commonly reported problems range from being denied boarding simply because you have a disability through to finding your wheelchair broken and unusable when you reach your destination.

This new law is intended to bring an end to this kind of problem.

The first part of the Regulation, which came into force in July 2007, makes it illegal for airlines to discriminate against disabled passengers by refusing to carry them. The only exceptions are for very small aircraft in which it is physically impossible to provide for the needs of a disabled person (for example because the door is too narrow) or on the basis of legally binding safety requirements.

The second part extends the rights of disabled people further by requiring airports to provide the services that a disabled passenger needs from arrival at the airport (at one of a number of "designated" points) to the aircraft seat and vice versa.

The Regulation requires all airport managing bodies to set quality standards for the assistance they will provide to disabled passengers and to work with disabled people in drawing up those standards.

The only exception is small airports whose annual traffic is less than 150,000 commercial passenger movements.

The kinds of assistance that must be provided to disabled passengers are set out in the Regulation. They include facilities (for example a call button) to enable you to communicate your arrival at the airport and ask for assistance from designated points outside and inside the terminal building.

Designated points of arrival will vary according to the size and layout of individual airports but should include car parks serving the airport as well as taxi ranks and train and bus terminals. Most importantly, the selection of appropriate designated points should be made in consultation with disabled people who use that airport.

The airport also has to provide assistance to enable a disabled passenger to move through all stages of the airport procedures including check-in, security checks and accessing duty free and restaurant outlets. Enabling the disabled passenger to use toilet facilities is also, of course, an important requirement.

If you are making a connecting flight, the same requirements apply.

Airports must also provide facilities and equipment to enable you to move through the airport in comfort and with dignity and they must provide passenger information in accessible formats.

The airlines have obligations too. They must seat you where you are most comfortable, subject to safety requirements which apply, for example to the exit row of seats. They must provide help moving to and from the on board toilet (though not in the toilet) and they must carry up to two pieces of essential mobility equipment (such as a wheelchair) provided that there is space on board.

Of course, there are obligations as well as rights and it is important as a passenger to understand what you need to do before you fly to make sure that you get the assistance you need.

First of all you need to tell the airline or travel agent with whom you have booked what your requirements are at least 48 hours ahead of the scheduled departure of your flight. If you don't, the airports and airlines are released from their obligation to meet your needs - although they are still required to do their best. However, if you want to be sure of getting the range of support that you need , advance notice is essential.

Like all laws, it will only work if everyone understands what needs to be done and is committed to doing it well. For this reason both airlines and airports are required to provide disability awareness training to their staff as well as more specialised training for those working directly with disabled passengers and handling mobility equipment.

In every country, a national enforcement body has been appointed to deal with complaints about non-compliance . There will also be penalties for non-compliance which are set at national level. Details of the national enforcement body for each country are available on the European Commission website at: http://ec.europa.eu/transport/air_portal/passenger_rights/prm/doc
/2006_07_05_national_enforcement_bodies_en.pdf

It will no doubt take a while for the benefits of the new Regulation to be felt in every country and, inevitably, things will go wrong where communication breaks down or training has not been provided. Where there are problems, it is important to report them so that standards are improved.

This new Regulation should mean that wherever you travel in Europe , you are treated with understanding, courtesy and efficiency and that you are able to travel with confidence.

Buen viaje!

Ann Frye
Chair
ECAC
European Civil Aviation Conference
Subgroup on Passengers with Reduced Mobility

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