Access violations at your own peril

Dear Friends,

Exemplary penalty of $500,000 has been imposed on AirTran  by the Department of Transportation’s Aviation Enforcement Office for continued violations of the rights of the passengers with disabilities in terms of The Air Carrier Access Act of 1986. The Act requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.

U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint. In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.  However, it was revealed that the airliner not only failed to provide boarding assistance but also did not give proper response to the complaints of the passengers nor filed proper annual reports required by the rules.

Here is the coverage:  (Click here to read from source)


AirTran Fined for Violating Rules Protecting Air Travelers with Disabilities

The U.S. Department of Transportation (DOT) today assessed a civil penalty against AirTran Airways for violating rules protecting air travelers with disabilities.  The carrier was assessed a civil penalty of $500,000, of which up to $200,000 may be used to improve its service to disabled passengers beyond what is required by law.

“People with disabilities have the right to expect fair treatment when they fly, and we will continue to take enforcement action when their rights are violated,” said U.S. Transportation Secretary Ray LaHood.

The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.  U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint.  In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.

An investigation by the Department of Transportation’s Aviation Enforcement Office of disability complaints filed with AirTran and DOT revealed a number of violations of the requirement for boarding assistance.  In addition, the carrier’s complaint files showed that it frequently did not provide an adequate written response to complaints from passengers.  AirTran also failed to properly categorize disability complaints in reports filed with the Department, the Aviation Enforcement Office found.

Of the $500,000 penalty, up to $60,000 may be used to establish a council to help the carrier comply with federal disability rules and hire a manager for disability accommodations.  Up to $140,000 may be used to develop and employ an automated wheelchair tracking system at AirTran’s major hub airports within one year that will generate real-time reports of the carrier’s wheelchair assistance performance.

http://www.tinyurl.com/2fjpdnl

Flying fair every step of the way

05 Apr 2009

The Hindu Business Line

New guidelines issued by the Director General of Civil Aviation (DGCA) this week state that when a passenger with disability or reduced mobility has bought a ticket it is “obligatory” on the part of the airline to ensure he/she reaches not only the aircraft but also the arrival lounge exit without incurring any further expenditure. Currently such passengers incur expenditure of Rs 200 for the wheelchair and Rs 2,500 for use of the ambulift for each journey on private airlines.

Immediate effect

Most of the guidelines come into effect immediately and will apply on both domestic and international airlines.

Persons with disabilities not holding any certificate shall also be provided necessary assistance as well as aids such as wheelchairs and ambulifts among others. “In such cases during ticketing or check-in the individual’s degree of disability and his needs for assistance may be confirmed. Airlines shall not refuse carriage in such cases,” the DGCA has said.

The airlines have been given July 31 as the cut off before when they shall have narrow aisle chairs which can move around in the aircraft cabin and be used for boarding and disembarking of passengers not travelling on stretchers. Currently most flights do not carry such chairs, thereby confining the passenger to the seat.

Online form

“It is most upsetting when an airline does not have an aisle chair to transfer a wheelchair passenger to his or her seat. I have experienced it in a private airline and complained about it,” says Ms Sminu Jindal, Managing Director, Jindal SAW, who is also founder of disability NGO Svayam which advocates access for people with disabilities.

The DGCA has also asked airlines to incorporate appropriate provisions in the online form for booking tickets so that all the facilities required by these passengers are made available to them at the time of check-in. Right now such passengers have to request for the wheelchair after reaching the airport.

To ensure that these passengers do not face any problems at airports, the DGCA has asked airlines to make advance arrangement with other agencies such as airport management to ensure that their movement within the airports is not restricted.

More clarity required

“We are happy that these issues are being addressed by fresh guidelines. But we want to warn that even after the guidelines were issued for the first time by DGCA in May 2008, many airlines did not implement them, causing passengers like us grave inconvenience. Even now the issue of ‘Fit to Fly’ certificates is hanging fire. Several international airlines and booking agents are insisting on this certificate before issuing the ticket,” said Mr Rajiv Rajan, Co-ordinator of the Disability Legislation Unit (South), a project of Vidya Sagar, Chennai. DLU had initiated the campaign to bring about these changes in June 2007.

Ms Meenakshi Balasubramanian, assistant co-ordinator of DLU, points out that certain sections of the new provisions lack clarity. “Who will decide on the individual’s degree of disability? Will you take the passenger’s word or will the airline insist on a panel assessing it at the airport,” she asks

Govt more sensitive

Ms Jindal, however, admits that she finds that the Government has been more sensitive to change than the private airlines. But implementation of the guidelines has been an issue. “When the DGCA first passed these rules in 2008, there was hardly any implementation by private airlines and we continued to have embarrassing incidents vis-À-vis access facilities at airports.”

Source: http://www.istockanalyst.com/article/viewiStockNews/articleid/3177378

Tips to make Travel by Place Accessible & Easier!

Dear Friends,

This one is from by Kim Donahue written for Disaboom which I thought would provide good reading for travellers experiencing disabiliites and those advocating the same.

Travel by Plane: Tips to Make it Easier (Click here to read from source: Disaboom)

Air travel is becoming more accessible as the airline industry is becoming more aware of the viable market people with disabilities represent. We as consumers with disabilities can make the most of every opportunity to educate the businesses that provide us with the goods and services when we tell them what we need.

Travelers with disabilities are encouraged to identify themselves to airline personnel and specify their needs. The more we let our needs be known, the more likely it is that our needs will be met. And that is good for everyone. We have listed below some tips we have discovered in our travels and a few we obtained from friends and colleagues who are independent travelers as well.

The greatest challenges for people with visual impairments when traveling by air are finding their seats, locating the washroom and identifying their luggage once they arrive at their destination. To make this process a bit easier, consider these pointers from travel experts:

- Before you start to travel be sure your itinerary is written out in large print.
- At the time you are making flight reservations let the airlines know about your visual impairment. Talk to an agent or review the airline’s website for information about traveling with a cane or service animal.
- When you check in at the airport identify yourself to an agent while pre-boarding. Staff will be there to help and will escort you directly to your seat.
- Once on board, count the number of seats there are to reach the washroom and the nearest emergency exit.
- Visually impaired travelers should know the exact size and color of their luggage to identify it in case it gets lost. A large colorful decal or logo on the outside of your bag can help to easily identify it at the baggage carousel.
- For wheelchair and scooter users planning is the key to have a safe and comfortable trip when traveling by air.

Plan Ahead

1. Reservations should be made as far in advance as possible, but be sure to confirm your reservation and any special request 48 hours prior to departure.

2. Identify yourself as a person with a disability and inform the reservation person that you will be traveling with a wheelchair or scooter.

3. Also request, if you will need them: a seat with movable armrests; an aisle chair for boarding; an accessible restroom; a bulkhead seat; or an aisle seat.

4. If you use a fold up manual wheelchair, you can request that it be stowed in the on-board coat closet. There is only room for one wheelchair and the service is available on a first come first service basis, so you should arrive early to make your request. Plus not all planes have a coat closet.

Wheelchair Damage Control

It would be a good idea to travel with your old, back-up wheelchair. Remove seat cushion and any other parts that could easily become separated from the chair. Take these items into the cabin with you. Or you can put the disassembled parts in the cardboard box and use bubble wrap to protect them from damage. Attach instructions on scooters or power chairs details how and where to disconnect the batteries, also instructions for any disassembly that may be required.

Airport Security

1. When going through security let the screener know your level of ability (e.g., whether you can stand or perform an arm lift).

2. Don’t hesitate to ask security personnel for assistance either to put your items on the X-ray belt, to monitor your items when you are in the X-ray inspection, or to reunite you with them once the screening process is completed.

3. Inform the screener about any special adaptive equipment or assistive devices that you are using and can’t be removed from your body so that alternative security procedures can be applied if needed.

Boarding and Deplaning

1. If you need assistance transferring to the plane seat, take responsibility for yourself and tell the staff how to help you or pick you up, etc. Yes, they should be trained, but you are always safer not assuming anything.

2. Before landing remind the flight attendant that you need your equipment brought to the gate so they can radio ahead to make the arrangements. This can help speed things up.

3. If you have any problems or damage ask to speak to the “Complaint Resolution Officer” (CRO). Each air carrier is required to have a CRO available by phone or in person at all times. This person is specially trained in dealing with problems that travelers with disabilities may encounter.

Dear Friends,

Some good news for the disability sector! Now DGCA CAR will have more teeth and every willful neglect or denial of customer facilties and services can lead to 2 years in prison and up to Rs. 10 lac as fine.

I hope these penalaty provisions would now make DGCA's CAR more effective and set accountability of the defaulters. The provisons should be used at every discrimination reported and needs to be circulated widely.

regards

SC Vashishth

To read the news from source click here: Airlines flouting safety rules will have to fork out up to Rs 10L fine

Saurabh Sinha, TNN

10 May 2009, 03:34am IST

New Delhi: Cost-cutting on aircraft maintenance, which endangers passenger safety, will soon cost airlines dear. The Directorate General of Civil Aviation (DGCA) has hiked the penalty for violation of rules on safety and passenger comfort — from a measly range of Rs 250-1,000 earlier, it is now a whopping Rs 10 lakh, on the upper limit. And the maximum punishment of one month at present is being enhanced to two years. Working on a philosophy of "zero tolerance for wilful defaulters", DGCA chief Nasim Zaidi is getting the stiff graded-penalty system readied, which will be implemented very soon.

Shockingly, the existing puny punishment has hardly ever been used and old timers don't recall a single case being pursued in any court for enforcement of even the few days' jail term. "There are rules called civil aviation requirements (CAR) for all important aviation sectors like flight safety and passenger rights.

Their violation is now being made a costly affair for airlines and we are going to have a separate team for ensuring that action is taken against defaulters," said a senior official. While laying down strict punishment, DGCA is also simultaneously planning to incentivise self-regulation as Zaidi does not want an inspector raj.

The DGCA has spelt out five levels of violations. Level one has the most important aspect of aviation — air safety — and any violation of CARs here will invite the maximum fine and/or jail term. The other critical areas where violation in aspects of security and safety checks, permit violations, flying over prohibited areas, and air worthiness would also attract the higher-end penalty.

Booked himself on wheelchair, passenger denied flight : Hari Venkat | Go Air | March 2009

Booked himself on wheelchair, passenger denied flight

Express India,  Mar 17, 2009 

He says luggage ejected, officials said no aide to take him on board; airline says he was in washroom before takeoff

Mumbai : A wheelchair-bound passenger alleged that he was denied entry to a flight and his luggage ejected on Sunday evening, even though he had informed the airline while booking his ticket that he would be on a wheelchair.

Hari Venkat (38) had booked a Go Air flight from Mumbai to Kochi to undergo spinal treatment. He cannot walk.

Go Air denied the allegation, saying Venkat was not flown because he had insisted on using the washroom minutes before takeoff. Venkat eventually left on a Spice Jet flight to Kochi the next morning

His sister Anju said the Go Air staff told him, “We’ll deplane your luggage as we don’t have an assistant to take you on a wheelchair.”

Only last week, Newsline reported that a woman passenger had been asked to remove her salwar as she was wearing metallic calipers. While the woman managed to fight her way through and refused to remove her salwar, Venkat was helpless as he could not board the aircraft without aid from the airline’s helpers.

Venkat reached the airport at 3:15 for a 4:40 flight. He got the boarding pass; it was after he had proceeded towards security check that the ordeal began.

“It was terrible the way they treated me. When I arrived at the terminal, they had some problems with their systems and that delayed the boarding pass. And the assistant they gave me was an inept 18-year-old,” Venkat said from Kochi.

“At the security check I needed my boarding card, so I had to wait while the assistant they provided me kept chatting with someone. Eventually I had to shout to get myself through security check. By the time I reached the gate, an executive told me I couldn’t get in.”

Anju said passengers behind her brother passed by him and got on the aircraft while Hari waited for the airline’s assistant to take him on board. “After he was refused entry, he called up and said that they (airline staff) did not even apologise or offer a reimbursement,” said Anju.

The flight was not delayed. When Venkat was told he could not fly, it was 3:30pm, with over an hour left for takeoff.

Hari said an airline executive told him, “Talk to the supervisor as I don’t work for you.”

A circular dated May 1, 2008, from the DGCA to all passenger airlines says, “No airline shall refuse to carry persons with disability or persons with reduced mobility and their assistive aids/devices, escorts and guide dogs including their presence in the cabin, provided such persons or their representatives, at the time of booking and /or check-in for travel, inform the airlines of their requirement.”

Go Air had an explanation: “The passenger had a GoAir porter for assistance all through check-in and then into the security hold. The passenger insisted on using the washroom even though they were repeatedly informed about the delay that they were causing to the flight. All mandatory on-air and personal requests were made. However, the passenger showed no inclination to hasten the boarding process and hence it resulted in a gate no-show, since the flight was ready for take off,” said a spokesperson for the airline.

http://www.expressindia.com/latest-news/booked-himself-on-wheelchair-passenger-denied-flight/435357/

Does DGCA's CAR address training issues (Disability Sensitization) of CISF personnel employed at Air Ports: Travel Experience of Shruti Paul

Dear Friends, 

This incident faced by Shruti Paul, is after several reports, awareness raising and finally a Civil Aviation Requirement - a regulation that deals with What, Why and How aspects of flying a person with disability with dignity and independence! Its agreeable that in light of recent terror attacks, the security is of critical importance. However, I feel that while disability equity and handling training for the Airport Staff and Airlines Staff has been addressed by the CAR for all fresh entrants and a refresher course after every 3 years, the issue of training Security Guards from CISF has not been addressed. We have seen such reports in the past also and it calls for a policy decision at the highest level of the Government of India and in particular, Min. of Home Affairs, Min. of Civil Aviation and DG-CISF to look at this aspect in a more comprehensive way. The Security Staff employed at the Air Ports have no right to be rude to passengers with disabilities. They need to be trained and provisions should be accordingly made for them either in the current CAR for carriage of passengers with disabilities by air or through some additional rules/policy and be strictly enforced.

In February 2009, there was a case of a senior citizen wheelchair user trapped in the transfer bus when the bus engine caught fire. The untrained driver could not put off the fire and the passenger was engulfed in smoke for ten minutes with literally no help! Here is the link to the case, details of which are appended towards the end.

regards 

Subhash Chandra Vashishth 

Incident as reported in news is appended below.  To read from source click: Indian Express 

CISF guard at airport asks woman with leg braces to take off salwar 

Posted: Mar 09, 2009 at 0115 hrs IST Mumbai: 

Central Industrial Security Force (CISF) personnel deployed at the Mumbai airport allegedly asked a disabled passenger to take off her salwar for security check because she had metallic braces on her legs. The Indian Express had reported how Mumbai airport has been receiving at least 10 to 15 complaints from passengers every month on the overbearing behaviour of the CISF personnel. 

“I’ve never felt so disgusted and humiliated in my life and it was not the first time I was travelling,” said Shruti Paul, who was on her way to Lucknow on a Kingfisher flight last Friday. Shruti, who suffers from polio, said she was wearing a caliper on her left leg and braces on her right knee; this would make the metal detector beep every time she passed through it. 

“I pulled up my salwar a little to show her my caliper, but she asked me to take it off in the open-ended women’s cubicle,” she alleged. She said her ordeal lasted about 20 minutes, during which she was made to get up thrice from her wheelchair and asked to remove her salwar. 

 “They said I was not cooperating with them. But I did all I could, considering the heightened security at airports these days. But I could not take off my salwar. I felt like a criminal,” she said, while stating that the woman CISF guard, P Poonam, kept talking on her mobile phone while she was checking her. 

Eventually, a senior CISF officer asked the guard to let her go. “He asked me to carry a disability certificate the next time I travel,” said Shruti. 

Sanjay Prakash, CISF’s Senior Commandant at Mumbai airport, was unavailable for comment. “While it is mandatory for every passenger to pass the metal detector to enter the terminal’s security hold area, this kind of behaviour is simply unheard of,” said an airport official.

Another news:

'Make airports friendlier for the disabled'

Civil aviation body re-issues old document on handling passengers with limited mobility after a wheelchair-bound senior citizen was trapped in a coach on fireIt took a wheelchair-bound senior citizen trapped in a smoke-filled airport coach to draw the attention of the higher-ups in Directorate General of Civil Aviation's (DGCA) office in New Delhi to the disregard shown to air passengers with limited mobility in India. Aviation expert Vipul Saxena observed that Saturday's incident highlights a lapse in the procedure laid down by the Mumbai International Airport Ltd (MIAL) for airlines with regard to handling of passengers with disability/limited mobility.

An airport coach carrying a wheelchair-bound senior citizen caught fire at the Mumbai airport on Saturday, leaving her trapped inside the smoke- filled coach for nearly 10 minutes. In a knee-jerk reaction, the DGCA re-issued a Civil Aviation Requirement document dated May 1, 2008, on Carriage By Air of persons with disability and/or persons with reduced mobility.

All stakeholders in the aviation industry, including those who are regulated by the DGCA, have been asked to respond with remedial feedback on the subject by March 7. Naseem Zaidi, director general, DGCA, expressed concern over Saturday's incident saying, "All aspects of the case will be looked into fully before a report is prepared. All improvement needed has to be brought about." According to officials, major questions that the DGCA could raise include, whether the driver of the airport coach has been trained in operating a fire extinguisher, since his attempts to douse the fire did not yield any results. Also, whether an attendant was accompanying the trapped passenger.

The lady, a passenger of the Hyderabad-Mumbai Kingfisher Red flight, was in an airport coach operated by Nova Aviation for Kingfisher. "The nine-odd minutes taken to rescue the passenger from suffocating smoke drew attention to the efficiency and ability of the ground handling staff," Saxena said. Quoting from the re-issued CAR, Saxena noted, "All airlines and airport managements shall run a programme in assisting passengers with disabilities. The training programme shall be conducted at the time of initial training and a refresher shall be conducted every three years, and only persons thus trained will assist disabled persons in all possible ways, including filling up of travel documents, while providing assistance in flight."

Lessons from Saturday's incident :

• Better ground handling including sensitisation of airport staff to the needs of persons of limited mobility is the need of the hour.
• More intense scrutiny of procedures for the yearly renewal of passenger vehicles like checking roadworthiness, proper insulation of wiring, lubrication of all rotating parts, engine oil temperature, safe radiator heating, condition of tyres and brakes, number and quality of fire extinguishers

An aviation expert observed that Saturday's incident highlights a lapse in the procedure laid down by the MIAL for airlines with regard to handling of passengers with disability/limited mobility.

Airlines and Disability : Aishwarya Rao (Sharing an incident she faced during her travel with Jet Airways Flight on 25 Feb 2009)

Article by Aishwarya Rao :  Airlines and Disability

from: Aiswarya Rao aiswarya.rao@gmail.com

to: customerrelations@jetairways.com

cc: das@dgca.nic.in,  dri@dgca.nic.in,  scd@tn.nic.in

date: Fri, Feb 27, 2009 at 4:32 AM

subject: Incident on 9W 0739 – 25th Feb 09

Sir/Madam,

I boarded Jet Airways flight no: 9W 0739 on 25th February 09 from Delhi to Chennai at about 10:30 p.m. ( 3 hours delayed).

I am a physically challenged person and mobile with a pair of calipers and crutches. I was travelling alone and I requested wheelchair assisstance for alighting the flight of steps that lead to the aircraft, as I usually do whenever I fly.

I was assigned seat 25D on that day. This is the last but one row from the rear exit. I requested the stewardess whether I may sit in the last row as it had more leg room. She obliged as there were no one seated there already and said that she would request anyone who may turn up for the seat to exchange with me. I was happy with the assisstance given and I sat in the window seat on the right side -last row. I sat by the window so that I may enjoy the view of the city lights when we take off and land. It is also less bothersome to other passengers if they have to cross over my stretched legs to move to seats inside.

After everyone had boarded, I discovered that the seat I was sitting in was not assigned to anybody. In about 5 minutes one of the stewards  – Mr. Mickey, came up to me and asked me to shift to the aisle seat. I overheard conversation between him and his supervisor just minutes ago that ‘the lady in the wheelchair’ needs to be seated in the aisle seat. When I asked him the reason, why I should shift to the aisle seat and he said that it was Jet Airways Safety 

Requirement, that disabled passengers be seated only in the aisle seats. I wondered why, and he answered that it was so that in an emeregency if a disabled passenger has to be evacuated, this seating will enable that they are evacuated.

I thought that the explanation was incredulous, as I have travelled on numerous occassions previously, several times at the window and I have never been given this reason for not being seated at the window. I clarified that I am not a wheelchair bound person and that the seating policy if it did exist did not apply to me, as I would be able to move out myself in the event of an emergency. Mr. Mickey said that he would get back to me. I smiled.

In a few minutes he returned with the same line, asking me to get up and to be seated in the aisle. Then he asked, "What is your problem?”.  I said that I had “no problem”. I further clarified that I had polio myelitis. He asked me to shift my seat. I declined for the reason that I had already given him. He smiled and said that he understood and said that he would get back again.

He returned again in a few more minutes and asked me very politely, if I could just get up and sit in the aisle for the take off and then get back to the window seat after that. I was frankly irritated by this time. But I put up a quiet front and again asked why I should do so, as it is causing me a lot of discomfort. He agreed it was causing discomfort, apologised for the same, but insisted that I shift myself into the aisle seat. I was really curious this time and I asked him again what this security requirement is all about. He simply maintained that it was for all passengers who used a wheel chair for getting up the aircraft it was the Jet Airways seating policy and a safety regulation.

I told him to show me the safety instruction on seating passengers who used a wheelchair to be seated by the aisle only and not at the window. Until then I would not shift.

After that I was not bothered. Subsequently Mr. Mickey was courteous to me and served me my dinner without reference to the previous conversation.

Is it really Jet Airways seating policy to seat “wheelchair passengers” only in the aisle and are they discriminated from sitting near the window seat? Also there is a big difference between ‘wheelchair bound’ passengers and passengers who use a wheelchair only in airports for transport into the aircraft. Again, I am not a ‘lady in the wheelchair’, as identified by one of the main steward to Mr. Mickey which I overheard.

I hope Jet Airways is more sensitive to physically challenged passengers. I am also a member of the Tamilnadu State Coordination Committee for the Disabled and this attitude of airlines crew is disturbing.

Further the Civil Aviation Requirements (CAR) Section 3 Series ‘M’ Part I – Carriage of Physically Challenged passengers by Air issued by the Office of the Director General of Civil Aviation, New Delhi (dated 1st May 2008) states in its clause 7. 2.1 that “passengers with reduced mobility including the blind shall not be restricted to any particular cabin or seating areas, except when it is done for safety of passengers and avoid interference with evacuations or due to physical limitations of the aircraft”. If at all, I was seated away from the exit near the window and would not be an interference to evacuations!!

Expecting a clarification on the seating policy of Jet Airways which if it does exist, appears to be very unfair and going against the CAR issued by the DGCA.

sincerely,

Aiswarya

from: customerrelations@jetairways.comto: aiswarya.rao@gmail.com  date: Fri, Feb 27, 2009 at 10:58 AMsubject: Fw: Incident on 9W 0739 – 25th Feb 09 mailed-by: jetairways.com

Dear Ms Rao,

This mail is with reference to your email of date. Kindly allow us to examine the issue raised by you and we will surely revert to you. May we kindly request you to bear withus in the interim period.

Yours Sincerely

R Viswanathan Customer Relations

—– Forwarded by CustomerRelations/Litolier/Jetairways on 02/27/2009 10:51 AM —–