Observations/ Comments on the New CAR - DLU South

Comments on the revised CAR Guidelines – effective from 2.5.08

There is a discrepancy in the guidelines date of issue and implementation. It is dated 02.05.08 but states that it is effective from 01.05.08.

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.

There is a need to elaborate reasonable accommodation in communication. The existing section allows innumerable interpretations leading to discrimination. People with Multiple Disabilities may have difficulty in handling food in the given space within the aircraft, This does not mean that the passenger need an escort.
This section is in total contradiction to section 4.1 of this rule. This will not allow many disabled people to travel without an escort.
This is in contravention to the “reasonable accommodation “as mentioned in the UNCRPD.This is also in contravention to section 5.1 of this rule.
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.

This is again contradicting the basic concept of reasonable accommodation.
Free assistance must be provided irrespective of the travelling with or without escort. Unless and until the aircraft is made accessible it would be impossible even for the escorts to support the disabled person on stretcher during embarking and disembarking.
Certain number of seats equal to the size of a stretcher or provision of space which could accommodate a stretcher shall be reserved till the last minute, once in a day, in all the sectors by the airlines. They cannot be charged for more than one seat for the individual himself (i.e.) for the person on stretcher.
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.

This is not acceptable since Government of India has so far has failed to provide Disability Certificates to all the disabled population and many do not prefer to have one due to ridiculous and time consuming procedures. Hence, this condition will adversely affect them for no fault of theirs.

More over any services which are of the nature of basic necessity and which is available for all must be available for ALL passengers. If a passenger opts to avail the services of any aids and appliances as mentioned above for any reason cannot be denied or charged extra, if mentioned at the time of booking tickets and / check in. All services towards the basic needs of the customers are part of the ticket charges and therefore cannot be charged in addition.

The airlines have no authority to decide on the degree / category / percentage of disability. This is purely the choice of the individual opting for such services.

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.

The DGCA shall state in clear language that this section does not apply to disabled passengers. There is no restriction on the number of disabled passenger / passengers with reduced mobility.
5.4 Before refusing carriage of any 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 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.

A clear clause is mandated here stating that “ Disabled passenger need not undergo such examinations or have such forms filled in”.
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.

Note 3 is not applicable for disabled passengers and the DGCA must mention in clear terms that such procedures are not required for disabled passengers / passengers with reduced mobility.
6.1 Wheelchairs
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.

By doing so the person with disability would be put on a disadvantageous position vis-à-vis his non-disabled counterparts and would amount to “Discrimination on the basis of Disability” and also against principle of “reasonable accommodation” thus contravenes Article 9 of UNCRPD. For ease of reference Definitions of both terms are appended along with Article 9 UNCRPD
There is an inherent contradiction in para 6 of the CAR Guideline: While Opening words are “All assistive aids shall be provided without any extra cost to the passengers.” The first sub para 6(a) provides a loop hole by declaring that “Any charges for human assistance, if required, may be levied by the Airlines.” Similarly sub para 6.4 (b) seeks to charge for narrow wheelchair type aisle chairs which are without armrests and can be moved about in the passenger cabin and can be used for internal mobility by persons with reduced mobility. It says “Any nominal charge in this regard, if levied, shall be paid by the passenger.”

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.

Ramps are not the only barrier free feature. The airports authority should study the entire concept of universal design and take appropriate measures for the provision of barrier free environment within the airport.
7.7 Disembarkation at point of transfer and/or destination

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.

This is absolutely unnecessary and not acceptable. Any passenger on a wheel chair or using a crutches cannot handle their own baggage on their own. Any charge for assistance in getting the baggage delivered to a visually impaired person, for example, would put him to disadvantage just because he can not see and needs help to locate his/her baggage! Doesn’t this amount to discrimination?

Complaint Procedure –

The role of an external agency has not been provided. No time limit for complaint redressal has been given. Earlier, the complaints used to go to the DGCA, CCPD. Now in case of any infringement of the CAR, the user can access the managing body of airlines/airports only who have never in past done any better thing than apologizing- sometimes in person and sometimes in public! Thus we feel that there should be a time limit for redressal of complaint failing which appeal to DGCA and CCPD should lie.