Friday, January 25, 2008

revised CAR draft- 19.10.07

GOVERNMENT OF INDIA

OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION

TECHNICAL CENTRE, OPPOSITE SAFDARJUNG AIRPORT, NEW DELHI

CIVIL AVIATION REQUIREMENTS
SECTION 3 – AIR TRANSPORT
SERIES ‘M’ PART I,

19 October 2007 EFFECTIVE: 1ST JANUARY 2008

Subject: Carriage by Air of Disabled Persons or Persons with Reduced Mobility.

1. INTRODUCTION

1.1 Air transportation today has been made easier than ever. The Government policies on ‘Open Sky’ allowed the growth of airlines and also non-scheduled operators in the country. The new ideas of Low Cost and Low Frill concept have also brought the common man with average income group to travel by air.

1.2 Whereas persons with disabilities and persons with reduced mobility like everyone else are increasingly given the possibility to travel by air, there lies a need to standardize the conditions for travel of such persons so as to facilitate their acceptance and handling of their carriage by the airlines and other operators.

1.3 This CAR establishes regulations for the protection of and provision of assistance to disabled persons and persons with reduced mobility traveling by air, both to protect them against discrimination and to ensure that they receive assistance with due respect and dignity.

1.4 For the purpose of this CAR, the Incapacitated Persons or Persons with Disability/ Reduced Mobility are considered the same. This CAR is issued under the provisions of Rule 133 A of the Aircraft Rules, 1937 for information, guidance and compliance by the concerned agencies.

2. APPLICABILITY

2.1 All operators engaged in scheduled and non-scheduled air transport services for carriage of passengers, shall comply with the requirements of this CAR.

3. DEFINITIONS

3.1 ‘Disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers. (Ref. EU Journal L204/1 dt. 26 July, 2006)

3.2 Incapacitated Passengers shall be defined as those with physical or mental disability; or with a medical condition, who require individual attention or assistance on enplaning / deplaning, during flight and during ground handling which is normally not extended to other passengers. This requirement will become apparent from special requests made by the passengers and/or their family or by a medical authority, or from obvious abnormal physical or mental conditions observed and reported by airline personnel or industry-associated persons (travel agents, etc.). (Ref. IATA Resolution 700 22 edition, June, 2002)

3.3 A person with reduced mobility (PRM) is understood to mean any person whose mobility is reduced due to any physical disability (sensory or locomotory), an intellectual impairment, age, or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers. (Ref. IATA working document, dated 11 May, 2001)

4. REQUIREMENTS

4.1 No airline should refuse to carry persons with disability or persons with reduced mobility and their assistive aids/devices, escorts and guide dogs, etc.:

a) if such carriage, because of the person’s physical or medical conditions determined on the basis of established facts, does not pose a risk to the safety of other passengers and their property, the aircraft or the crew and provided such person submits himself to the specific conditions of carriage required by the airline’s published regulations.

b) whose conduct, status, mental or physical condition is determined by the airline to be such, as to render them incapable of assisting in their evacuation of the aircraft.

4.2 a) Airlines should develop emergency evacuation procedures and staff training for handling persons with disabilities and include the same in their safety manuals. The training programme shall include detailed procedures of handling, evacuation and develop awareness towards disabled passengers, persons with medical conditions, elderly persons, infants, pregnant women etc.

Note: The airline shall formulate a detailed procedure for carriage of disabled persons or persons with reduced mobility and publish the same on their website.

b) All airlines shall run program for their staff engaged in passenger handling e.g. cabin crew / commercial staff etc. for sensitization and developing awareness for assisting passengers with disabilities. The training program shall be conducted at the time of initial training and a refresher shall be conducted every 3 years on the subject. Only such persons who have current course shall be assigned to handling disabled persons. The training program should interalia, include assisting disabled persons in filling up travel documents as may be required while providing assistance in flight.

4.3 No airline should refuse to engage in interline transactions for carriage of disabled persons or persons with reduced mobility or to commence/continue interline transportation of such persons, if it does not pose a threat to the safety of operation by rendering emergency evacuation difficult.

4.4 Many persons with disabilities do not require constant assistance for their activities. Therefore, if the passenger declares independence in feeding, communication with reasonable accommodation, toileting and personal needs, the airlines shall not insist for the presence of an escort.

Note: It is clarified that people with Paraplegia where due to existing control over their upper body, can help themselves in emergencies evacuation. In such cases presence of an escort should not be insisted.

4.5 No airline should refuse to carry persons traveling in a stretcher or incubator or persons with severe mobility impairments and persons with autism, Cerebral Palsy, mental retardation and multiple disabilities, if they are accompanied by an escort who will be responsible for them and their needs of embarking, disembarking, during flight, and during emergency evacuation. However, the airlines shall provide necessary assistance to persons with hearing or vision impairments in case they wish to travel alone without an escort.

4.6 Persons with disabilities not holding any certificate may also be provided necessary assistance as well as the aids such as wheel chairs, ambulifts etc. In such cases during ticketing the individuals’ degree of disability and his need for assistance may be confirmed.

4.7 An airline shall have assistance booths/counters at airports with the International symbol of Disability displayed prominently within the visible proximity of the main entrance of the arrival/departure terminal, informing where they may contact for special assistance.

4.8 Sufficient directional signage should be placed inside the airport regarding the availability of assistance for disabled person or person with reduced mobility.

4.9 An airline shall not limit the numbers or types of incapacitated passengers on their flights except for operational reasons such as hindrance to emergency evacuation or undue disruption of the flight schedules.

4.10 All airlines should provide assistance to meet the particular needs of the persons with disabilities and persons with reduced mobility, from the departing airport terminal to the destination airport terminal without any additional charge.

4.11 Persons with disabilities and persons with reduced mobility have equal choice of seat allocation as others, subject to safety requirements.

4.12 Airlines shall have to procedures for carriage of Service Dogs for the assistance of disabled persons or persons with reduced mobility.

5. MEDICAL CLEARANCE

5.1 No Medical clearance or special forms shall be required from persons with disabilities or persons with reduced mobility who only require special assistance at the airport for assistance in embarking/ disembarking and a reasonable accommodation in flight, but are otherwise independent.

5.2 A medical clearance by the airline may be required only when the airline has received information that the passenger

a) suffers from any disease, which is believed to be actively contagious and communicable;

b) who, because of certain diseases, or incapacitation may have or develop an adverse physical condition which could have an adverse effect on safety and emergency evacuation procedures;

c) would require medical attention and / or special equipment to maintain their health during the flights;

d) there exists a possibility of medical condition aggravated during or because of the flight;

5.3 Any passenger satisfying any of the conditions mentioned in 5.2 (a) through 5.2 (d) be subjected to prior clearance for air travel by the medical departments/advisors of all carrying airlines, on the basis of the information with respect to the physical and/or mental condition obtained by the airline that is in contact with the passenger through its medical department/advisor directly or through a licensed physician familiar with the condition of the passenger. In case the passenger has a connecting flight with another airline, this medical clearance should be accepted at the first point of check-in and the information transmitted to the connecting airlines so that the passenger is not required to furnish the same again and again.

Before refusing carriage of such passengers, the airlines shall refer to their medical departments/ advisors for advise/ clarification in accordance with a procedure, which shall be documented by the airlines. For such clearance the airline may seek the necessary medical information from the passengers.

Note 1 – The airline shall enter for each person with disabilities or person with reduced mobility or incapacitated passenger the information sheet requiring special assistance.

Note 2 – The airline shall establish a procedure for expeditious clearance by their medical departments, where required, to avoid delays causing inconvenience to passengers.

Note 3 – The airline shall ensure that at time of check-in airline staff is alerted and shall verify that all needs required by the passenger have been made available.

Note 4 - Airlines shall obtain all the information about the medical conditions of the persons with disabilities at the time of ticketing and necessary investigation/ verification be completed before confirming the ticket. Once the ticket is confirmed no further enquires should be made.

Note 5 - The procedures involving medical clearances shall be documented and published in each airlines websites.

6. Availability of Wheelchairs and / or Other Assistive Devices

All assistive aids shall be provided without any extra cost to the passengers. However, where additional human assistance is required, airlines may charge a fee, details of which should be included in the airline website.

6.1 Wheelchairs

a) Airlines shall ensure that at all stations, for boarding / disembarking purposes, before departure, during intermediate stops and on arrival wheel chairs are available without any extra charge and that advance arrangements made with other concerned agencies where necessary to ensure that movement of persons with disabilities and persons with reduced mobility within the airport is not restricted.

b) Passengers who intend to check-in with their own wheelchair shall be given the option of using a station/airport wheelchair. If the passengers prefer to use their own wheelchair within the airport, they shall be permitted to use it up to the aircraft, whereupon it may be stowed at an appropriate place in the aircraft. At the time of disembarking, the passenger’s wheel chair should be returned to him to enable him to transfer himself from the aisle seat directly into his own wheel chair.

6.2 Stretchers

Upon request, the airlines shall make stretchers and associated equipment, e.g. blankets, pillows, sheets, nursing materials and privacy curtains, available for passengers who cannot use the standard airline seat in a sitting or reclining position for the class of service desired.

6.3 Ambulifts at airport

Every airport authority shall endeavor to make provision for ambulifts to enable disabled passengers or passengers with reduced mobility to enter the aircraft without inconvenience.

6.4 Other Assistive Devices

a) To board/disembark the disabled persons, immobile or incapacitated passengers not traveling on stretchers, airlines shall have available narrow wheelchair-type devices, without armrests, preferably foldable type that can be moved about in the passenger cabin.

b) Upon request the airlines shall endeavour to have available on board a special wheel chair capable of carrying a handicapped passenger to enable them to use lavatory facilities, or as a boarding /disembarkation vehicle where these are not available.

7. Boarding, Seating and Briefing

7.1 Boarding

a) The presence of all categories of incapacitated passengers and persons with disabilities or reduced mobility their escorts and any special arrangements made for them while on board, shall always be referred to the captain / senior cabin crew member.

b) Incapacitated passengers and persons with disabilities or reduced mobility and their escorts shall be offered pre-boarding facilities.

c) If passengers for any reason have to be offloaded, the highest possible priority for transportation shall be given to disabled persons or persons with reduced mobility, and to their escorts.

d) The checked-in baggage of the persons with disability or with reduced mobility should be given ’Priority Tags’ to ensure early identification and assistance by the airline ground staff.

7.2 Seating

Incapacitated passengers and persons with disabilities or reduced mobility including blind shall not be restricted to any particular cabin or seating areas, except when it is done for safety of passengers and interfere with evacuations.

7.3 Briefing

a) Before take off, certain types of persons with disabilities or persons with reduced mobility, incapacitated passengers and their escorts may be individually briefed on emergency procedures, cabin layout and specialized equipment supplied by the airline. The responsibility for such special briefing shall rests with airline’s senior cabin crew.

b) Blind passengers may be briefed verbally, and Braille brochures may back up such briefing. Instructions in large print may be made available for persons with low vision.

7.4 In Transit off loading

When overnight accommodation is offered such as when disabled persons are offloaded or when airlines are forced to have an overnight halt, wheel chair users must be allocated accommodation that is suitable to their needs.

7.5 Loading of special equipment of persons with disabilities or reduced mobility.

Special equipment required by incapacitated passengers and persons with disabilities or reduced mobility in connection with their trip, if not carried in the passenger cabin, shall be loaded in the baggage holds where it is easily accessible for timely return to the passenger. Any such item must be properly identified and tagged, must always travel with the passenger, and shall be loaded in such a way as to be readily and immediately available at transfer and destination points.

Note: Passengers carrying spare calipers or mobility aid may be allowed to take the same as a hand baggage as these devices are delicate and prone to breakage.

7.6 Transit stations

Incapacitated passengers and persons with disabilities or reduced mobility requiring special assistance or protection from disturbance, and their escorts, shall be permitted to stay on board during transit stops, if they so desire, subject to the observance of applicable safety security norms.

7.7 Disembarkation at point of transfer or destination

a) Upon request, the airline shall make arrangements for assisting persons with disabilities or persons with reduced mobility and incapacitated passengers in baggage delivery and getting out of the airport, even when they are accompanied by an escort. The checked in baggage with ‘Priority Tags’ should be kept in a safe place by the ground staff till the passenger arrives.

b) Wheelchairs and other assistive devices checked in shall, within the shortest possible time, be delivered as close as possible to the door of the aircraft. However, the passenger may, at his option, use an airline/ airport wheelchair.

7.8 Transmission of Information / Down line notice

The airline checking in the incapacitated passenger and persons with disabilities or reduced mobility (or any person delegated by such airline) shall be responsible for advising its ground staff at transit stations and at the airport of disembarkation about the presence of incapacitated passengers and the location of wheelchairs and assistive devices on board and about the need to arrange for special assistance.

8. PROVISION OF AMBULANCES

8.1 The Aerodrome operator shall provide ambulance facility for the passenger on arrival and departure at/from the airport, to such passengers on stretchers, upon advance request by the passengers or their representative or by the airline.

8.2 Incapacitated passengers arriving at the airport in hospital/ outside ambulance may be given an option of either taking the ambulance up to the aircraft boarding point or use the airport ambulance for going to the aircraft. In the former case the airport management shall provide escort to direct the ambulance driver through designated areas for vehicle driving.

9. ASSISTANCE ON THE PLANE

9.1 All airlines should assist a passenger with disability or reduced mobility to get to the toilet and to provide essential safety information

9.2 Airlines shall provide accommodation for passenger with disability or reduced mobility which may require extra leg space without any extra charge.

9.3 Airline should ensure proper storage and handling of mobility equipment or any such assistive devices used by the persons with disability or reduced mobility. In case of lost or damage to such equipment the airlines should provide suitable compensation.

9.4 Airlines should provide necessary procedure for emergency evacuation in respect of person with disability or reduce mobility in the form of passengers briefing card.

9.5 All information required by the airlines to facilitate carriage of the disable person or person with reduced mobility must be gathered by the airline during the online booking process. The following information should help the airline to make arrangements:

a) the nature and level of special assistance required when embarking, disembarking and in-flight assistance required;

b) mobility equipment and disability aids that need to be carried by the airline;

c) whether the passenger will be accompanied with an escort.

d) The above is not an exhaustive list and during online booking, the airlines should gather all such information without requiring the passenger to provide additional information later.

10. Complaint Procedure

10.1 A disabled person or person with reduced mobility who considers that this regulation has been infringed may bring the matter to the attention of the managing body of airlines, airport or other concerned authorities, as the case may be.

10.2 The managing body of the airlines and the airport shall ensure speedy and proper redressal of these complaints.

(K. Gohain)

Director General of Civil Aviation