Air Travel
Access to
of the Civil Aviation Authority in the UK to
make sure that airlines or airports comply
with the EC Regulations in respect of the
rights of disabled people and people with
reduced mobility when travelling by air.
The 2014 Regulations will apply to airlines
flying from a European Union airport and
also to flights to European Union airports
when travelling on an EU registered
airline.
In the last few years, there have been
several incidents in the news detailing
incidents where airlines have refused
to allow passengers with disabilities
or reduced mobility to board their
flights. airlines refused passengers with
disabilities or with reduced mobility to
board their flights. For example, a group
of wheelchair users ironically were
attempting to travel to a seminar to attend
a seminar about Germany’s efforts to
create a society accessible to disabled
people. They were not allowed to board
because allegedly the aircraft was not
equipped to carry that many passengers
in wheelchairs. Other airlines have also
prevented disabled passengers boarding
a flight allegedly due to safety risks, for
example because they were travelling
unaccompanied.
The European Union has already
introduced regulations to reinforce
passenger rights on all forms of transport.
Regulation (EC) No. 1107/2006 of 5 July
2006 concerns the rights of disabled
people and those with reduced mobility
when travelling by air. It was considered
that people placed at a disadvantage
by reduced mobility, whether caused
by disability, age or another factor,
should have opportunities for air travel
comparable to any other person. In
particular, this EU Regulation stated that
people with a disability or reduced mobility
were legally entitled to special assistance
when travelling by air.
However, despite the above EC
Regulation, many complaints were still
made by passengers who had been
refused on board.
The Civil Aviation Authority in the UK
therefore decided to start a consultation
period by contacting airlines and airports
to make sure that all the information
that they provided, related to people
with disability or reduced mobility, was
comprehensive, clearer to understand
and easily accessible on their websites.
Hopefully, this would make it easier for
passengers to choose between airlines
in order to obtain more accessible travel
when travelling through an airport,
boarding or disembarking an aircraft and
also about the level of help available
during their flight. Airports and airlines
have also been asked that their websites
included a helpline number so passengers
could contact them and pre-arrange
support, as well as make a complaint if
they experienced any problems.
It is interesting that the 2014 Regulations
also establish the right to make a claim
for an infringement of any of the rights
within the EC Regulations. It states that
any damages awarded may include
compensation for injury to feelings whether
or not they include compensation under
any other head of loss. It is important
to note that the claim must be instituted
before the end of the period of six
months beginning when the infringement
complaint occurred. This period may
be extended by a further three months
if the dispute concerned is referred to
conciliation before the end of the sixmonth period. Despite this time limit, there
is also a clause stating that the court may
consider any claim which is out of time
if, in all the circumstances of the case, it
considers that it is just equitable to do so.
We just need to wait to see whether all the
new measures and more comprehensive
information supposedly put in place by
airlines and airports makes travelling
easier for people with disabilities and
reduced mobility.
By Carmen Calvo-Couto
rialtotheatre.co.uk
Following the above phase of consultation,
the Civil Aviation (Access to Air Travel
for Disabled Persons and Persons with
Reduced Mobility) Regulations 2014
came into effect on Monday 1 December
2014. They establish the full legal powers
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