Air travel is not without its horror stories for disabled travelers: broken or lost wheelchairs, refused admission onto planes, arguments over seating, begrudging assistance, airplane toilets you can’t swing a hamster in – to name but a few of the problems.

But it does seem that, little by little, improvements are being made. One recent, significant piece of legislation regarding air travel for disabled people is European Regulation No 1107/2006 on Disabled Persons and Persons of Reduced Mobility (PRMs Regulation) which was published by the European Commission on 5 July 2006.

The PRMs Regulation allows people with reduced mobility, which includes older people and those with a temporary mobility problem, greater access to air travel and ensures they receive assistance when travelling by air. It also stipulates that operators make available safety rules on carriage of passengers with reduced mobility. The regulations apply to any flight leaving an airport in the European Union, and also to flights on European airlines arriving in the EU.

The regulations came into force in two stages. Since 26 July 2007 it is now illegal for an airline, their agents and tour operators to refuse to accept a reservation on the grounds of disability or deny a disabled person board an aircraft when they have a valid ticket and reservation.

ERADICATING DISCRIMINATION
Neil Betteridge, Chief Executive of Arthritis Care and chair of the Disabled Persons Transport Advisory Committee (DPTAC) is hopeful that the new regulations will improve air travel for disabled passengers. “Until relatively recently it appeared that the new regulations would be woolly and fall short of what the DDA would offer,” he explains. “So we argued they were not enough – that you can’t have partial rights. Looking at the regulations now you would be hard pushed to see where the deficit would be between the regulations and DDA.”

He feels that the regulations are strong enough to eradicate any remaining discriminatory policies. “Policies such as Ryanair’s policy of imposing a maximum number of disabled people allowed on a flight are absurd,” he adds. “I hope that the European regulations will pick up on and prevent random things like that.”

But in spite of increased protection for disabled passengers discrimination does still occur. In May, three leaders of the European disability movement were unable to fly to Ljubljana for the Annual General Assembly of the European Disability Forum. The Slovenian Adria Airlines refused to let them board unless they provided a medical certificate and travelled accompanied under the pretext of safety implications. While in June, Gregory Cronin (who has cerebral palsy) was refused access onto a Ryanair flight. Although Gregory has communication difficulties he fully understands people and has travelled all over the world on his own. Yet the Ryanair captain, who never met Gregory, decided he was too severely disabled to travel alone. Gregory says: “I notified them that I was a wheelchair user and filled in all the necessary forms. I was left on a lift outside the plane with nobody telling me what was happening. I felt humiliated, especially as this decision was made about me without ever meeting me – how disgusting to treat a human being in this way! In the end I was simply told I had to go home.”

SELF RELIANCE
When questioned, Ryanair sent us the following statement: “For safety reasons and in accordance with UK Department for Transport guidelines, disabled passengers are required to travel with a carer if they are not self-reliant.The captain of flight FR 1832 was forced to deny Mr Cronin travel for his own safety as he was not travelling with a carer and would not have been able to communicate with crew in the event of an emergency. We have refunded Mr Cronin’s fare and we apologize sincerely to Mr Cronin, but his safety and that of all other passengers must take priority.”

At the time of writing Gregory was seeking legal advice and will not be accepting any refund offered.

Unfortunately, in certain circumstances, this shows that disabled passengers can be prevented from boarding an aircraft on safety or technical grounds. Ruth Scott, Head of Policy at Scope, says: “Scope is concerned that the European Directive allows airlines to refuse transport to disabled people if they feel it is incompatible with their health and safety policy. These policies will be different for different airlines. As such, airlines can still say, for example, that they won’t take wheelchair users or more than five visually impaired passengers. This undermines the effectiveness of the Directive and makes it more difficult for disabled people to travel by air with the same freedom as non-disabled people.”

SAFETY EXCUSE
Neil Betteridge also has concerns that safety can be used as a convenient excuse. “We all know that there are just not that many instances where someone – through reason of impairment – is at greater risk. There are occasional technical issues, such as the carrying of oxygen, but for most disabled people there shouldn’t be any health and safety problems. Which means that most of the time the airline is on very dubious grounds if it uses safety as their excuse.” If you are refused permission to board you must be told the reasons and offered a reasonable alternative.

Usually disabled passengers need to notify the airline at the time of booking or at least 48 hours before departure that they need assistance. However, booking assistance is not always straightforward. Frequent flyer Elspeth Morrison, who has a mobility impairment, told us: “There are several annoying things about having to book assistance in advance. Not only do you have to call a premium rate phone number, which takes forever to be answered, but the service isn’t 24 hours a day either – which assumes you are just hanging around at home with hours to spare booking assistance.”

Even after taking the time and effort to book assistance it’s not uncommon to find that your request has disappeared into thin air. “More often than not when you have booked assistance the check-in staff have absolutely no record of it,” Elspeth adds. “When this happens polite persistence gets things moving faster than being bolshy. Also, with the stress it’s easy to throw in a quivering bottom lip. The threat of tears really seems to trip them into action. All this for a bit of help that they allegedly offer anyway. Exhausting!”

VANISHING REQUESTS
Neil Betteridge has also experienced the frustration of vanishing booking requests and is dubious about the legitimacy of airlines using premium rate phone numbers. “Airlines should make it as easy as possible for someone to book assistance,” he says. “By using premium rate numbers the airlines are passing on a cost that someone who isn’t disabled wouldn’t incur. I’m not convinced that isn’t discrimination.”

It is possible that this practice could be challenged. Equality and Human Rights Commission (EHRC) spokesperson Nicola Pazdzierska explained: “This is less favourable treatment for a reason that relates to a person’s disability and is therefore potentially unlawful. The provider would have to show why the call had to be charged at a premium rate rather than a standard rate and why alternatives methods of booking were not possible.” Some airlines do provide the alternative of being able to book assistance online, but disabled people may find it impossible or unreasonably difficult to make arrangements in this way. The duty then would be for airlines to take reasonable steps to provide a suitable alternative method of booking the assistance that doesn’t discriminate.

Following a consultation earlier this year the Department for Transport is aiming to publish an updated version of the Access to Air Travel for Disabled People code of practice which, since it was published in 2003, is now somewhat out of date. This revised code will take into account the new European Regulations and its publication should coincide with the second part of the European Regulations coming into effect on 26 July 2008, from which date airports will be required to provide assistance to disabled and reduced mobility passengers at the airport between their aircraft seat and the airport arrival or departure point.

RIGHT TO COMPLAIN
“This legislation will formalise disabled passengers rights, whereas before there was just a voluntary code of practice,” says Jackie Knight, Manager of Consumer Policy at the Civil Aviation Authority (CAA). “It also includes passengers with reduced mobility.The CAA will be trying to ensure there is compliance, working with the industry, providing information, making sure things are working smoothly, rather than having an emphasis on prosecution but it is there if we need it. The legislation also gives people a right to complain through the EHRC or the Consumer Council in Northern Ireland.”

Making a complaint about air travel isn’t easy. But when wheelchair user Ray Hibberd was manhandled whilst being transferred into his plane seat, he was determined to see his complaint through. After several letters to the airline he was still no closer to getting his money back; at the time even the Disability Rights Commission advised him it wasn’t worth doing anything because he would just lose money. Ray, however, was resolute: “If everyone sues for everything that goes wrong companies will soon learn a lesson,” he says. “Money talks – if they start losing money they will act.”

The whole process took months and a small claims court appearance where Ray represented himself against the airline’s barrister, but Ray did win. “I did it for the principle of it – all I wanted was my money back, and to ensure that myself and others are treated properly when we take a flight.”

If airlines don’t know where they are going wrong it’s hard for them to improve, as Valerie Bradon, Diversity Executive for British Airways, says: “Whilst we are proud of the service we offer, we continue to seek ways in which to improve the experience of the 500,000 disabled customers that travel with us each year. We are therefore keen for disabled passengers to let us know not only where we get it wrong but also where we get it right so we can continue to make flying accessible for those with additional needs.”

Unfortunately, it’s nothing new that disabled people have to fight so hard for equality. Burt Perrin, who has visual and mobility issues, is an independent consultant who regularly flies all over the world for his work. “The trouble is that very few people will take the trouble to make formal, or even informal complaints,” he says.

“Standing up for one’s rights can be very time consuming, as well as emotionally exhausting, but it has to be done otherwise nothing will ever change, and disabled people will continue to have their rights denied.”

Perhaps at least now we have better laws in place to back our complaints we might just be that one step closer to equal rights to air travel at last.

RIGHTS EXTENDED
Under EC law, (Regulation (EC) 1107/2006), disabled passengers and passengers with reduced mobility have rights to assistance when they fly to and from Europe. From 26 July, these rights will be extended to include the passenger’s journey from start to finish. The Equality and Human Rights Commission is responsible for dealing with public complaints relating to this regulation about airlines and airports in England, Scotland and Wales. It can also provide information and advice about your rights. On 26 July, a campaign will be launched to create public awareness of these important changes. For more information, visit www.equalityhumanrights.com/airtravel

MAKING A COMPLAINT
If your booking has been refused or you have been refused boarding on the grounds of disability or reduced mobility, first complain to the airline or tour operator. If you are not satisfied, contact the Equalities and Human Rights Commission (or the Consumer Council for Northern Ireland) for advice. The Civil Aviation Authority has the power to prosecute breaches of this law. Should an airline be found guilty it could be subject to an unlimited fine.

FURTHER INFORMATION

Disabled Persons Transport Advisory Committee (DPTAC)
020 7944 8011, www.dptac.gov.uk

Department for Transport
020 7944 8300, www.dft.gov.uk

Equality and Human Rights Commission
England 0845 604 6610
Scotland 0845 604 5510
Wales 0845 604 8810
www.equalityhumanrights.com

Consumer Council for
Northern Ireland
028 9067 2488
www.consumercouncil.org.uk

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