In its quest to rid Europe of discrimination, the EU does not feel constrained by terrestrial borders. The skies have now been made handicap-friendly by EC Regulation 1107/2006: Rights of Disabled Persons and Persons with Reduced Mobility when Traveling by Air.
The Regulation, which entered into force on July 26, 2008, is directly applicable and directly effective, both horizontally and vertically, in all Member States. This means that it takes effect automatically without requiring separate implementation by the member states save for deciding penalties for violation.
It prescribes Community law rules for air travelers who are disabled or have reduced mobility which protect them from discrimination and ensure that they receive sufficient assistance. The ambit of this legislation is quite wide, covering “any person whose mobility when using transport is reduced due to any physical disability, intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.” The elderly, who were perhaps fearful to travel without assurance of assistance, are likely to be likely beneficiaries of this broad definition.
Within the scope of the Regulation are all flights from, in transit through, or arriving at an airport situated in the EU.
The gist of the law is that airlines, travel agents and tour operators are proscribed from denying a booking on the grounds of disability, or from refusing to embark a disabled passenger who has a valid ticket and reservation.
The legislation also clarifies the lines of responsibility between the airports and the airlines. Under this law, the onus of helping a passenger from the airport entrance to the plane is imposed on the airport, and once the passenger has embarked, the airline takes over. The carrier’s obligations for on-plane assistance are explicitly stipulated in an annex to the regulation, and include, inter alia, carriage of guide dogs in the cabin, carriage of medical equipment and up to two pieces of mobility equipment per passenger, assistance in moving to toilets, and communication of essential information in accessible formats. All of this assistance must be provided at no cost to the disabled passengers.
Under some circumstances, reservations or embarkation may be refused, e.g. where there are safety or technical reasons why a disabled person cannot board the aircraft. In these cases, the carrier, agent or tour operator must provide the passenger with reasons and offer an acceptable alternative, such as re-routing or reimbursement.
The Regulation is intended to be enforced by a range of penalties, including unlimited fines. It provides a mechanism for complaints for alleged violations but delegates to the individual Member States the task of setting appropriate penal sanctions. In addition, member states may put in place a regime to enable aggrieved passengers to seek compensation in the courts.
If this legislation is successful it will literally remove one of the obstacles to freedom of movement within the EU.
Share