explained | Safety and latest modifications for disabled passengers on flights

the story So Far: On July 22, the Directorate General of Civil Aviation (DGCA) issued a revised set of rules to enable travel for persons with disabilities.

The new provisions clearly state that disability cannot be a ground for an airline to deny boarding to a passenger. However, if the airline considers that the health of the passenger may deteriorate amid the air, it shall seek a doctor’s opinion clearly mentioning the medical condition. Accordingly, it has to be determined whether the passenger is fit to fly. If not, the reasons need to be specified in writing.

The previous version of the rules neither stated that disability cannot be a ground for refusing to board a passenger nor made it mandatory for seeking medical opinion. It merely states that if an airline refuses to carry a passenger with a disability or reduced mobility, they shall state their reasons in writing, stating that “the transport of such persons shall be for the safety of the flight.” How can it be harmful?

However, disability rights groups where is Which asks passengers to present fitness certificates, unfairly targets and discriminates against people with disabilities. They argue that no such requirements are imposed on members of the general population who may actually become ill.

The move was taken after IndiGo last month refused to board a child with special needs. According to the airline, the passenger was in a state of panic and it was considered a security risk. The DGCA found IndiGo deficient in handling the situation and imposed a fine of Rs 5 lakh.

In this context, the Ashok Kumar Committee’s 2012 report suggested that airline staff may provide comfort to anxious passengers during flight cancellations and delays, saying that a prerequisite training should be ‘identification of such needs’ because Not all different people are worried and vice versa.

governing law

The Civil Aviation Requirements (CARs) relate to the air transport of persons with disabilities and/or reduced mobility in Section 3, Series M, Part I, effective February 2014.

The objective of the CAR is to standardize the conditions for travel and reduced mobility of persons with disabilities “so as to facilitate their acceptance and handling of their carriages by airlines, airport operators, ground handling agencies, etc.” The purpose of CAR is to prevent discrimination and ensure that such passengers get any necessary assistance.

The CAR does not cover the entire law relating to persons with disabilities and therefore must be read along with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and any rules issued by the Ministry of Social Justice. and jurisdiction under this Act.

Talks about disabled-friendly infrastructure and operating procedures at airports gained momentum especially when a low-cost carrier had to pay Rs 10 lakh as damages to disability activist Jija Ghosh. refused her boarding in 2012, The pilot was uncomfortable with a woman with cerebral palsy flying on her own. The Supreme Court concluded that the airline was guilty of causing mental and physical suffering and undue discrimination.

The CAR is applicable to both Indian and foreign operators engaged in scheduled air transport in India.

disabled person

The CAR defines a person with a disability as a person who has a physical or mental impairment which, on a permanent or temporary basis, substantially limits one or more major life activities, maintains a record of such impairment , or is treated as such loss. Along with physical disorders, mental and psychological disorders are included under the definition.

A person with reduced mobility (PRM) is defined as a person whose mobility is reduced due to any physical disability, which may be sensory, moving, permanent or temporary; intellectual disability or impairment; or age.

What are the rules that airlines are expected to follow?

Booking and Check-in

Airlines cannot discriminate against people with disabilities when providing reservations over Internet bookings, special or discounted fares, booking placing deadlines or over the telephone. The CAR states that airlines cannot refuse to carry persons with disabilities or reduced mobility and their assistive devices/devices, escorts and guide dogs.

If notified in advance (at least 48 hours) and after levying applicable charges, airlines will provide stretchers and related equipment to carry passengers unable to use a standard airline seat. For emergency travel, airlines are expected to make “all reasonable efforts to provide the best possible assistance”.

According to the CAR, airline websites should also allow disabled passengers to select the facilities required for their travel. Any restrictions on the carriage of such passengers or their mobility equipment due to the size of the aircraft should also be clearly stated. Passengers checking in with their own wheelchair will be given the option of using an airport wheelchair. A passenger using his or her own wheelchair should ensure that it is compliant with the Persons with Disabilities Transport Advisory Committee (DPTAC), UK and that it can navigate airports and aircraft.

Additionally, checked-in baggage is required to be tagged with the “Accessories” label as per regulations. Any accessories weighing up to 15 kg should be allowed free of charge as additional baggage.

security check

ministry of civil aviation Draft accessibility standards and guidelines released On October 26, 2021, which also laid down the procedure to be followed while screening disabled passengers.

Passengers with disabilities, if they have the ability to do so, must pass through a Door Frame Metal Detector (DFMD). According to the draft, passengers are required to inform security officials about the existence of prosthetics. A prosthesis is a device that attempts to replace a missing part of the body or make a part of the body work more efficiently, such as an arm, arm, leg, or joint.

In such a case, after passing through DFMD and other security checks, the passenger must be taken to a private area for additional screening, including pat-down, ETD or X-ray. It has been emphasized in the draft that the privacy and dignity of the passenger should be maintained without exposing any sensitive area.

“A prosthetic device having no foam padding cover under which any weapon or explosive may be concealed and in which the steel rod of the instrument is clearly visible, may only be examined without removal by visual inspection and ETD investigation ”, reads. contract.

If there is a dire need, X-ray screening of prosthetics may be done in rare cases. However, the reasons for such screening should be recorded in a register. If the prosthetics are covered in foam padding and the steel rods are not visible, they must undergo X-ray screening, according to the draft.

Additionally, the draft states that passengers must be accompanied by an airline representative, preferably of the same gender. Draft guidelines were brought out soon The description of Dancer Sudha Chandran How he was asked to remove his prosthesis during every security check.

In December 2021, the Supreme Court directed the DCGA not to ask disabled passengers to remove prostheses for security checks. The bench also said that it is inhuman to lift a passenger without his consent during air travel or security check. The court issued these directions while hearing a petition filed by activist Jija Ghosh regarding his landing on the plane in 2012.

At the airport

As per rules, airports must display signs such as points of departure and arrival in a ‘clear and clear’ manner as per international standards. The flight information system should be positioned in such a way that it is readable to people in wheelchairs and to the visually impaired. Audible announcements should be made for those with vision-related or learning disabilities. In addition, airports should have a helpdesk that provides all necessary information to assist passengers with disabilities.

Both airlines and airport operators should ensure that low-floor accessible buses are available at airports to help facilitate easy boarding of passengers with disabilities.

in the cabin

For safety, the CAR stipulates that the maximum number of non-flying persons traveling on a single flight cannot exceed the number of cabin crew, unless they are accompanied by trained escorts.

Airlines should ensure to provide convenient and accessible seats free of cost to passengers who must remain blocked for some time before departure. Passengers with disabilities must not sit in places where they could obstruct the crew or obstruct access to emergency equipment or evacuation paths. Airlines should make reasonable efforts to provide an escort assisting a disabled passenger with a seat next to such passenger.

Also, as per the rules, passengers with disabilities or those who need to be protected from disturbances should be allowed to be on board during transit stops. In cases where passengers are required to disembark during transit, highest priority will be given to passengers with disabilities or reduced mobility and their escorts.

The CAR also states that airlines should develop procedures for allowing guide dogs in the cabin. However such dogs must be used properly and should remain on the floor near the feet of the traveler. Travelers with guide dogs also need written proof that their dog has been vaccinated, given medication, and trained by the relevant institution.

The Ashok Kumar Committee report suggested that passengers (not only those who are anxiety-prone, but also those with autism or psychosocial disabilities) should be given seats closer to the restrooms, if requested. This will allow for easy movement and the space near the rest room to be sufficient as a ‘breathing corner’.

Are medical certificates necessary?

According to the CAR, airlines may require a medical certificate from a passenger if the passenger is suffering from an infectious or communicable disease, or if they may have had or developed an adverse physical condition during the flight.

A certificate may also be required if a passenger requires medical assistance, special equipment or medical oxygen during flight, if their medical condition may worsen during the flight, or if they require a stretcher or incubator Is.

Passengers with any of these conditions must present a medical certificate stating that the passenger can complete the flight safely without the need for exceptional medical assistance during the flight, or that illness or infection has passed to other passengers. is not communicative. It should also mention any precautions taken to prevent transmission of the disease to other persons.

In the case of connecting flights, information regarding medical certificates can also be sent to another airline.

Airlines may ask for information using the IATA Medical Information Form (MEDIF) filled out by a passenger at the time of booking, or Incapacitated Passengers Handling Advice (INCAD), completed by a doctor. These forms are used to organize any necessary support or equipment and to decide whether a passenger is fit to fly. An airline may also issue an IATA Medical Manual Prescribed Frequent Travelers Medical Card (FREMEC) for future travel.

All information provided in this context should be kept strictly confidential.

Airlines cannot solicit medical certificates or special forms from passengers who travel without escort and require special assistance for boarding, deboarding and adjusting to flight properly at the airport. For a connecting flight with a different airline, the medical and eligibility checks done with the first airline may be extended as proof of boarding the next aircraft.