CAR again discriminatory--- CAR Guidelines 2.05.08

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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
ISSUE 2, DATED 2nd May 2008 EFFECTIVE: 1st May 2008
Subject: Carriage by Air of Persons with Disability and/ 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 nonscheduled
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 in order to protect them against any form of discrimination and to
ensure that they receive all possible 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.
1.5 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.
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2. APPLICABILITY
All operators engaged in scheduled and non-scheduled air transport services
both domestic and international, engaged in carriage of passengers, and 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 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)
3.3 Incapacitated Passengers shall be defined as those 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 as approved by the Government.
4. REQUIREMENTS
4.1 No airline shall refuse to carry persons with disability or persons with reduced
mobility and their assistive aids/devices, escorts and guide dogs including their
presence in the cabin, provided such persons or their representatives, at the
time of booking and /or check-in for travel, inform the airlines of their
requirement.
4.2 The airline shall formulate a detailed procedure for carriage of disabled
persons or persons with reduced mobility and publish the same on their
website.
4.3 Airlines should develop emergency evacuation procedures and training of their
staff 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.
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4.4 All airlines and airport management shall run program for their staff engaged in
passenger handling e.g. cabin crew / commercial staff including floor walkers
and counter 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.
4.5 No airline shall 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.
Note: This requirement does not require airlines to create interline agreements
solely for this purpose.
4.6 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.
4.7 No airline shall refuse to carry persons traveling in a stretcher or incubator
when they are accompanied by an escort who will be responsible for them and
their needs of embarking, disembarking, during flight, and during emergency
evacuation. The required number of seats for such travel must be reserved in
advance at applicable fares.
4.8 All airlines shall provide necessary assistance to persons with disabilities/
impairment who wish to travel alone without an escort.
4.9 Persons with disabilities not holding any certificate shall also be provided
necessary assistance as well as the aids such as wheel chairs, ambulifts etc.
In such cases during ticketing/ check-in the individuals’ degree of disability and
his need for assistance may be confirmed. Airlines shall not refuse carriage in
such cases. However, cost of such facilities may be borne by passengers
requiring them.
4.10 Airport operator shall display International symbol of Disability within the visible
proximity of the main entrance of the arrival/departure terminal, informing that
they may contact the concerned airline operator for special assistance. Special
assistance to be provided by Airport operator/ security agencies to the visually
impaired in locating concerned airline operator counter/ office. Airport operator
shall provide dedicated reserved parking space, toilets with independent
entrance with proper signage and barrier free access to all areas in the
terminal building.
4.11 Sufficient directional signage should be placed inside the airport regarding the
availability of assistance for disabled person or person with reduced mobility.
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4.12 Airlines shall not limit the number or types of incapacitated passengers on their
flights other than for specific reason for orderly evacuation from the aircraft
exits and due to physical limitations such as size of the aircraft.
4.13 Airlines shall 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.
4.14 Persons with disabilities and persons with reduced mobility have equal choice
of seat allocation as others, subject to safety requirements and physical
limitations of the aircraft - like seats near the emergency exits and seats with
more leg-room.
5. MEDICAL CLEARANCE
5.1 No Medical clearance or special forms shall be insisted 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, who otherwise do not require any
additional assistance.
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 during
flight and 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;
Note: Persons with specific disabilities should plan to have all required forms
for assistance ready in advance, to avoid flight delays. Forms and information
will be made available on each airline’s website.
5.3 Any passenger having 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 the carrying airlines. 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 by the
first Airlines to the connecting airlines so that the passenger is not required to
furnish the same again and again.
5.4 Before refusing carriage of any such passengers, the airlines shall refer to
their medical departments/ advisors for advise/ clarification in accordance with
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a procedure, which shall be documented by the airlines. For such clearance
the airline may seek the necessary medical information from the passenger(s)
concerned or their representatives. Any forms for such information to be
provided to the passengers by the airline staff will be made available on the
airline’s website.
5.5 The airline shall enter for each person with disabilities or person with reduced
mobility or incapacitated passenger the information sheet requiring special
assistance.
Note 1 – The airline shall establish a procedure for expeditious clearance by
their medical departments, where required, to avoid delays causing
inconvenience to passengers. Airlines shall provide necessary
forms and procedures on their web-sites and through their callcentres/
agencies to make the process simple. The passengers
should pre-clear themselves with the airline in advance.
Note 2 – The airline shall ensure that at time of check-in airline staff is
alerted and shall verify that all needs required by such passenger
in advance in the relevant forms have been made available.
Note 3 - The procedures involving medical clearances shall be documented
and published in each airline’s websites.
6. Availability of Wheelchairs and / or Other Assistive Devices
All assistive aids shall be provided without any extra cost to the passengers.
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 like Airport
Management where necessary to ensure that movement of persons with
disabilities and persons with reduced mobility within the airport is not
restricted. Any charges for human assistance, if required, may be levied by
the airlines.
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.
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6.2 Stretchers
Upon advance request, and with a charge for such material as may be levied,
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 operator shall make appropriate provision including ambulifts to
enable disabled passengers or passengers with reduced mobility to embark/
disembark the aircraft without inconvenience. Such provision may be made in
coordination with airline operators, if required.
6.4 Other Assistive Devices
a) Airlines shall ensure availability of low floor accessible buses at th airports
to enable easy boarding and alighting by
b) 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.
c) Airport Management Authorities shall provide ramps at least at the main
entrance/exit to the terminal building for easy access.
d) 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 with 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 persons with disability or
persons with reduced mobility, and to their escorts.
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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
a) 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 avoid
interference with evacuations or due to physical limitations of the aircraft.
b) Airlines shall have to maintain procedures for carriage of Guide/ Service
Dogs if required in cabin for the assistance of persons with disabilities or
persons with reduced mobility.
7.3 Briefing
a) Before take off, persons with certain types of 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 on the flight.
b) Blind passengers may be briefed verbally, and Braille brochures where
available 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, airlines
must endeavour to ensure that wheel chair users are 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 at the time of disembarkations.
All such items 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 with assistive aids and devices may be allowed to take the same
as a hand baggage as these devices are delicate and prone to breakage.
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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 and security norms.
7.7 Disembarkation at point of transfer and/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. The airline may charge a nominal amount for such request, if any.
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.
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.
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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 shall be
liable for provide suitable compensation.
9.4 Airlines should provide necessary procedure for emergency evacuation in
respect of person with disability or reduced mobility in the form of passenger
briefing card or individualized verbal briefing.
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 or through the call centres. Airlines shall obtain all
the information about the specific requirements of the persons with disabilities
at the time of ticketing. Once the ticket is confirmed no further enquires shall
be made.
9.6 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
either in cabin and / or aircraft hold;
c) whether the passenger will be accompanied with an escort.
Note: 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