Workshop on Travel for Passengers with Reduced Mobility Sofia, Bulgaria – 31 st March – 1 st 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 13 th 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.

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 10 th September for it to be granted by 13 th May 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 – 31 st March – 1 st April 2009 The Implications for Europe of the US Rule on the Air Carriers Access Act Ann Frye, Chair, ECAC Sub-Group on PRMs