Union Road Transport Ministry proposes toll waiver to vehicles driven by Persons with Disabilities

The Road Transport Ministry of Government of India proposes to extend exemption to adapted motor vehicles driven by persons with disabilities. Look likes a good move based on a long pending demand. However, there are many grey areas. The Motor Vehicle Act 1988 still poses a barrier with some of its provisions explicitly not friendly to drivers with disabilities. So much so that persons with hearing impairments had to fight a long battle of even applying and being tested for a Driving Licence. (Refer to my posts "Deaf can now legally drive in India" and "Disabled and Driving- Can both co-exist together or at the cost of each other")

Section 52 continues to be vague about whether a person with disability can adapt his vehicle to suit his needs. There are not many manufacturers who come up with adapted vehicles. There are no sufficient authorized workshops that can undertake the adaptation, and even after the adaptation the individual with a disability is unsure of whether the adaptation is safe, legal in terms of law! A lot needs to done by the concerned Ministries else this will just remain another cosmetic action!

Here is the news story from Hindustan Times titled "Highways to be toll-free for vehicles driven by physically challenged" appearing in HT Delhi Edition May 07,2016.

Physically challenged people driving vehicles specially designed for them may soon be able to drive on national highways without paying toll.

The central government has decided to give toll exemption to “motor vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person” on all national highways. Section 2(18) of the Motor Vehicle Act, 1988, defines such vehicles as “invalid carriage”.

The Union road transport and highways ministry, which is piloting the proposal, will notify the changes soon. The law ministry cleared the proposal last week.

“We thought that asking for a disability certificate would further hassle the person. Instead we decided to give exemption to persons with disability driving specially designed vehicles as defined under the MV Act,” said a senior road ministry official.

Certain automobile manufacturers, including Maruti, make cars with special features like hand-operated or automatic clutch and gear for the physically challenged.

Disability rights activists, however, are not impressed and term the move as “cosmetic”. “How many of the 26 million disabled people in India drive automated vehicles, maybe just 1%. It’s mere tokenism. Giving toll exemption has nothing to do with accessibility. Has the road ministry ever engaged with us to address transportation issues of persons with disability? How many public transport buses are accessible for the disabled, how many toilets on highways are disabled friendly?” said Javed Abidi, director, National Centre for Promotion of Employment for Disabled People.

Internationally, many cities give toll exemption to persons with disability. In Florida, a handicapped person with a valid driver’s licence and operating a vehicle equipped for such persons gets a toll waiver. In UK, disabled persons are given a “blue badge” and get a toll exemption on showing the card.

Source: Hindustan Times

For failing to respond to disability complaints adequately DOT, USA fines Air France, Lufthansa & British Airways

Taking stringent enforcement action against some major airliners for consistently failing to provide dispositive responses to the complaints of passengers with disabilities, the Department of Transportation (DOT) on 14 April 2016 fined Air France, Lufthansa, and British Airways among others.

Air France and Lufthansa were each fined $200,000 and British Airways was fined $150,000.  The airlines were also ordered to cease and desist from future similar violations.

The US Transportation Secretary Anthony Foxx said, “When air travelers file complaints with airlines, they deserve prompt and complete responses that appropriately answer their specific concerns. We will continue to take enforcement action when airlines violate our rules protecting the rights of passengers”.

It may be pertinent to note that the Air Carrier Access Act (ACAA) prohibits airlines from discriminating against individuals with disabilities.  Under DOT rules, airlines are required to provide a written dispositive response to a written complaint alleging a violation of the ACAA within 30 days of receipt of the complaint. 

These consent orders are the results of several on-site regulatory compliance inspections conducted by the Department’s Office of Aviation Enforcement and Proceedings.  During these inspections, the Department reviewed a number of disability-related complaint files and found that, in many occasions, Air France, Lufthansa, and British Airways failed to provide dispositive responses to passenger complaints.  

Access the Consent Orders on website www.regulations.gov, with Docket number DOT-OST-2016-0002. 

Source: Department of Transportation, USA

Woman with disability asked to remove prosthetic limb at Mumbai airport

Differently-abled woman asked to remove prosthetic limb at Mumbai airport

Dated: 02 Feb 2016

Mumbai: A 24-year-old differently-abled woman was allegedly asked to take off her prosthetic limb and pass it through the screening machine at Mumbai airport. The differently-abled woman Antara Telang claims she was humiliated by airport authorities and she was forced to move around with her heavy prosthetic limb. Telang added that this is not the first time she faced discrimination and that repeated complaints have made no difference.

"I was in tears this time, I felt humiliated in the manner the officials spoke to me. My dignity was completely taken away. They spoke to me rudely and asked me what is the full form of ETD (explosive trace detector). They put me in a room where the chair was in the far end and then I had to hop with my 6 kg prosthetic limb. Then they did not let me stand outside saying that "log aapko dekhenge" (people will see you). Please don't cry. We don't want to see you cry," she claimed.

Telang said that she was booked on an early morning flight. "I was arguing with them how they could screen me without taking off my clothes. They did not listen to me. They were rude. After 45 minutes I had to give in. I had no option but to strip and walk through a public place."

"This is not the first time. I have written twice to CISF. I used to carry my disability certificate. But this did not help. In past two years, I had to go through this experience 7-8 times here in Mumbai. We are not looking for sympathy. But when other countries can take some steps to ensure we don't go through a harrowing experience. I don't buy CISF's explanation that prosthetic limbs can't be exempted. They are not giving a proper reason. What security threat. People swallow drugs," she added.

Source: IBN Live

Professor Anita Ghai, a wheelchair user made to crawl by Air India at Delhi Airport

Dear colleagues,

In a shocking case of apathy, Professor Anita Ghai- a disabled passenger, a colleague & activist  - was denied a wheelchair while deboarding from an Air India flight and was made to crawl up to the coach. She took the Alliance Air (Air India's regional arm) flight from Dehradun on Friday, on the evening of  29th Jan 2016 with four of her colleagues. 

A seasoned traveller, she waited with patience for her wheelchair to arrive, for which she had put in a request earlier as per procedure. But it did not, and in a shockingly insensitive incident, she was made to crawl on the tarmac from the aircraft to the coach. 

Dr Anita Ghai, 57, Professor at Ambedkar University, was travelling with her friend when she boarded Air India's flight AI 9610 on January 29 at 6.30pm (Dehradun to Delhi). The air-hostess did not register her requirement for a wheelchair despite repeated requests. "As per rules she again requested air hostess after reaching, but she was asked to be patient. She did not even get up as all passengers have to deplane , before she could go . The flight reached at 7:30 pm. Passenger coach came without wheelchair. She requested them to bring coach to aircraft, they said it can’t be done due to security reasons. after waiting for one hour, Anita Ghai was totally exhausted, and infact started howling and crying . There was no option for her BUT TO CRAWL, for 20 meters from airplane to the coach in absence of a wheelchair.

The Airliner, however, has issued a statement rebuffing the allegations and said that the wheelchair had been provided to the passenger. "Since the flight was parked at a distant bay it took some time to bring the wheelchair. Since passengers were getting down from the aircraft, our support staff actively helped the passenger to come out of the aircraft ensuring any inconvenience and the wheelchair was provided at aircraft doorstep," an Air India statement said.

"We deeply regret any inconvenience caused to the passenger. However, we strongly deny the statement appearing in media. We at Air India give utmost importance to passenger's safety and comfort," the statement added.

Dr. Ghai says that the airlines is 'blatantly lying' and has asserted that she is contemplating legal action. "I complained for a reason and not they are denying what happened. They are blatant liars. It was a case of complete negligence and I was traumatised. They should just acknowledge their mistake. If they don't I will ensure they don't do this again to disable people, just because we are vulnerable," Ghai said.

Narrating her side of the incident, she said that she was made to wait for more than 30 minutes for a wheelchair which never came and that she had to crawl out of the aircraft waiting for the coach to arrive with the chair.

"For around 15 minutes I was made to wait after all the passengers had de-boarded. They (stewards) told me that the wheelchair will come, but it did not. The door of the plane is narrow so I knew the chair could not be brought inside, but they did not even have an aisle chair. I can't stand as I have polio, so I crawled down the steps waiting for the chair. She was finally finally provided with a wheelchair at the arrival hall and not at the bay," she said.

Breaking his silence on the subject, Mr. Ashwani Lohani, CMD Air India aid, "This case is a sad case. There has been failure to the extent that it should have been mentioned in the ticket so that passenger handling gets advance information that there is a wheel-chaired person who needs a wheelchair at the ramp. This did not happen. Had she waited a bit, we would have provided her a wheelchair. He further said, I have written to the lady and we have regretted for the incident."

Meanwhile the disability rights activists are demanding an inquiry into the incident wherein Dr. Ghai- a physically challenged passenger was made to crawl on the tarmac of the Delhi airport. The activists want the Civil Aviation Ministry to set-up an inquiry and punish the guilty for gross negligence.

"We demand an inquiry into the horrible incident where Air India made Professor Anita Ghai, a differently-abled woman passenger, crawl on the tarmac of the Delhi airport by denying her a wheelchair. The responsible persons need to be punished for this gross negligence. Air India should give an unconditional apology to the passenger.


They cannot ill-treat people with disabilities in this horrible manner. The latest guidelines on 'Carriage by Air of persons with disability or reduced mobility' must be strictly enforced in line with the goals of the 'Accessible India' campaign," said a petition on Avaaz.org.

Media Coverage: 

(a) DNA : Disabled passenger made to crawl, slams 'liar' Air India's statement
(b) NDTV: Differently-Abled Woman Passenger Alleges Air India Made Her 'Crawl'
(c) Times Now:  Anita Ghai Demands Apology From Air India
(d) Times of India: No country for Differently abled.
(e) Indian Express:  Air India Accepts 'Delay' in Providing Wheelchair to Disabled Woman
(f) Petition on avaaz.org: Inquiry into HORRIBLE INCIDENT making disabled woman passenger CRAWL

Dr Anita Ghai, a fellow disability activist and Associate Professor made to crawl by Alliance Air in absence of wheelchair at Delhi Airport

Dear Colleagues, 

Here is a shocking case of apathy revealed by our fellow disability activist Dr. Anita Ghai, an associate professor about the treatment meted out to her by the Alliance Air - a regional carrier operated by Air India at New Delhi's Indira Gandhi International Airport. Dr. Ghai - a passenger with disability was denied a wheelchair while de-boarding from an Air India flight.

Dr. Anita Ghai, Associate Professor & a wheelchair user

Dr. Ghai was forced to crawl off plane and onto tarmac after airline failed to provide a wheelchair for her' 

• Dr Ghai claims she waited 30 minutes for a wheelchair that never arrived
• She said she crawled down the steps and onto a bus bound for a terminal 
• India's Alliance Air has denied the claims and said it offered a wheelchair

Anita Ghai said she was left shocked and embarrassed by the way she was treated by Alliance Air, a regional carrier operated by Air India, at New Delhi’s Indira Gandhi International Airport.

The 53-year-old claims she had to crawl off the plane and onto a bus that took her to the terminal after she waited half an hour for a wheelchair that never arrived.

Ghai, who uses a wheelchair after suffering polio as a child, told DNA India she stayed behind after the other passengers had disembarked.

She said: ‘They [the flight attendants] told me that the wheelchair will come, but it did not. The door of the plane is narrow so I knew the chair could not be brought inside, but they did not even have an aisle chair.

‘I can’t stand as I have polio, so I crawled down the steps waiting for the chair.’

Ghai, a disability rights advocate and associate professor at Delhi University, said a wheelchair was provided once she reached the arrival hall after the bus ride.

She said the incident occurred after she arrived in New Delhi from Dehradun on Saturday night. She said she told staff before arriving that she would need a wheelchair.

In a statement given to India’s national press, Air India denied the woman’s claims.

The airline said: ‘Since the flight was parked at a distant bay it took some time to bring the wheelchair. Since passengers were getting down from the aircraft, our support staff actively helped the passenger to come out of the aircraft ensuring any inconvenience and the wheelchair was provided at aircraft doorstep.

‘We deeply regret any inconvenience caused to the passenger. However, we strongly deny the statement appearing in media. ‘We at Air India give utmost importance to passenger safety and comfort.’

Dr. Ghai shot back at the airline, refuting the claim of the airline saying that it was ‘blatantly lying’ and she is considering legal action.

Sources:

Times of India: 30 Jan 2016, Disabled woman passenger alleges Air India made her 'crawl'

Dail Mail: 01 Feb 2016, Disabled passenger 'was forced to crawl off plane and onto tarmac after airline failed to provide a wheelchair for her' 

NDTV: 31 Jan 2016, Differently-Abled Woman Passenger Alleges Air India Made Her 'Crawl'

The Hindu: 31 Jan 2016, Air India made me ‘crawl’, claims disabled woman

DNA India: 31 Jan 2016  Disabled passenger made to crawl, slams 'liar' Air India's statement

United Airlines fined $2.75 Million over failure to provide fliers with disabilities prompt & adequate assistance in enplaning & deplaning

United Airlines fined $2.75 million over treatment of disabled fliers and tarmac delays

The U.S. Department of Transportation has fined United Airlines $2.75 million over the carrier's treatment of disabled passengers and for stranding passengers on delayed flights for more than three hours.

The federal agency said an investigation of United Airlines' treatment of disabled passengers was sparked by "a significant increase in the number of disability-related complaints."

"A review of these disability-related complaints revealed that United failed to provide passengers with disabilities prompt and adequate assistance with enplaning and deplaning aircraft," the  Transportation Department said in a statement.

Those complaints included an incident in October when a passenger with cerebral palsy was forced to crawl out of a United flight because airline crew failed to provide him with a special wheelchair that he requested. The airline publicly apologized to the flier a week later.

In an employee newsletter Thursday, United Airlines said it had begun testing a new smartphone app and other technology so that passengers and crew members can more quickly order wheelchairs on planes and in terminals.

“We expect this to greatly improve our ability to have wheelchairs where they need to be, when they need to be there, so that our customers can get on their way home or to their next destination with ease,” said Jon Roitman, senior vice president of airport operations at United.

Of the $2-million fine assessed over the violations against disabled passengers, United has agreed to spend $150,000 to improve audits of its wheelchair vendors and $500,000 toward developing the technology to make it easier for passengers to request wheelchairs.

The remaining $750,000 of the fine was because of five lengthy delays that stranded passengers on the tarmac at Chicago O'Hare International Airport on Dec. 8, 2013, plus another lengthy delay at Houston's William P. Hobby Airport on May 20, 2015. All six delays kept passengers on the planes for more than three hours because of severe weather.

Under a 2010 rule, commercial airlines are prohibited from holding passengers on a delayed flight for more than three hours without giving them the option to leave the plane. The time limit extends to four hours for international flights.

Source: Los Angeles Times

Disabled Activist "humiliated" at IGI

Anvit Srivastava | TNN | Oct 1, 2015

NEW DELHI: Disabled rights activist Javed Abidi was forced to get off his wheelchair at the Indira Gandhi International Airport on Wednesday, when despite his protests, the CISF gave him the option of either complying with their rules or missing his flight.

Abidi said he had travelled across the world without having to suffer the humiliation of being made to get off the wheelchair. He had earlier helped frame guidelines on how the frisking process could be made more disabled-friendly . The Central Industrial Se curity Force, which handles security at the airport, how ever, said it had its own manual that said wheelchairs had to be X-rayed.

In 2014, disability activists Rajesh Bhatia, Shivani Gupta, Smiti Bhatia and Suranjana Ghosh Aikara had framed guidelines to be followed by the CISF to ensure there was no discrimination on the basis of disability in air travel. "I was asked to get off my wheelchair and shift to another one. When I questioned them, I was told this was the security protocol and was mandatory for all. I have travelled through major international airports but never faced such a protocol," Abidi said.

Reacting to the incident, activist Shivani Gupta said the guidelines stated that no wheelchair user shall be forced to stand. It also says that the official must not attempt to manually lift the wheelchair user as this is against the person's dignity and jeopardises safety, she said. Abidi had reached the airport to board Air India flight AI 275 to Colombo, for an official meeting, and was traveling with two of his colleagues. After his travel documents were checked, and he arrived for frisking, he was stopped by CISF personnel.

Abidi tried to tell the personnel that rules had been framed to make the frisking process easier for persons with disabilities. "But they were adamant on getting my wheelchair in their custody for checking," he said.

The rules framed to make air travel easier for persons with disablities also says under no circumstances should the passenger be asked to remove cast, brace, callipers, metal implants or supportive alliances and even shoes, if the passenger cannot remove shoes.

Rajesh Bhatia, who was involved actively in framing the guidelines, said CISF was following guidelines that were issued by the Bureau of Civil Aviation Security (BCAS)."For instance, CISF does not use explosives trace detectors (ETDs) which are in use worldwide to avoid inconvenience to a disabled. I also had to undergo a similar frisking early this month. The BCAS had assured me they would amend their standard operating procedure, as per our guidelines, but it was never done," Bhatia said.

Abidi has alleged that the officials were not cooperative and were rude to him. He said the 2014 guidelines were framed with the involvement of the ministry of civil aviation and BCAS along with other authorities. This had led to re-framing of the manual and the officials underwent proper training as per the new rules.

"I myself was a part of framing rules and conducted workshops for the officials. On Wednesday , no official seemed to be aware of those rules. This is the first time I am experiencing such a humiliation. The officials started to off-load my luggage and prepared to escort me out of the airport. I finally get off the chair as I was to at tend a crucial meeting. What if it was some paralysed person or someone who couldn't get off," he said.

The officials involved in the matter, however, said they were bound by protocol. A senior CISF official told TOI that as per the existing rules, a person with inability to walk or stand shall be offered a chair for screening. He said a support shall be extended by an official from the respective airline or those travelling along with the person.

"His cushion was unusually thick. We requested him to move to one of the airline's wheelchair so that his chair could be screened, but he refused.We asked him to follow the rules and told him we were bound to follow the protocol.He was also shown the manual. Checking the wheelchair is necessary to ensure public safety . Finally , we had to tell him that we had left no option but to not allow him beyond the frisking point. None of our officials misbehaved or behaved rudely ," the official said

Source: Times of India