157. The AUC told us that the air transport industry has a good track record of taking care of passengers who require assistance, persons of reduced mobility and those with special needs.[222] In 2006-07 complaints from passengers with special needs have so far totalled 56, ranging from passengers not receiving a priority seat, to no provision for a minor, to insulin freezing in the hold, to a passenger having a panic attack.[223] This is a small proportion of all complaints the AUC receives (56 out of approximately 6,000 per year) and the figure is going down.[224]

Airports

158. The Disability Discrimination Act 1995 applies to facilities and services provided by airports, though not to services on board an aircraft.[225] A new European Regulation creates new rights for disabled persons and persons with reduced mobility.[226] Part of the Regulation (prohibiting refusal of booking or embarkation) came into force in July 2007 and, from July 2008, airport managing bodies will be required to organise the provision of the services necessary to enable disabled/reduced mobility passengers to board, disembark and transit between flights, with costs recovered through a charge on airlines proportionate to the total number of passengers they carry to and from the airport.[227] The Airport Operators' Association believes that implementing the Regulation successfully will involve challenges, particularly in ensuring pre-notification of passengers' needs which will be relayed to airports via airlines.[228]

159. East Midlands Airport opened dedicated Passenger Assistance Lounges during May 2007. These are areas in each departure lounge specifically equipped with seats with arm rests, a hearing loop, a help line connected to the airport customer service assistants and a large, clear-faced clock and passenger flight information.[229] Mrs Ann Bates, Deputy Chairman of the Disabled Persons' Advisory Committee welcomed the facilities but cautioned that they will not be suitable for everybody who required assistance.[230] Airports should not rely on them to 'herd' these passengers into a specific area.

Airlines

160. When it comes to the treatment of persons requiring assistance, all airlines are not the same. The most infamous example is Ryanair, which was taken to court over its £18 'handling charge' for disabled passengers. It withdrew the charge and now places a 'wheelchair levy' on all tickets (see paragraph 14). When the Court of Appeal judgement was made in October 2005 Bert Massie, Chair of the Disability Rights Commssion, said: "It beggars belief that a company with £165 million annual profits last year should quibble over meeting the cost of providing disabled people with a wheelchair. Perhaps before counting their pennies, Ryanair should have considered the cost to their reputation and the distress caused to disabled people, by acting in such a discriminatory way".[231] Ryanair also operates a 'quota' system and will only allow four people with disabilities on to an aircraft.[232]

161. One particular issue on board aircraft is wheelchair damage in transit. The AUC records complaints about wheelchairs lost or damaged in transit under the generic heading of 'baggage complaints' and for the year ended 31 March 2007 a total of 640 complaints about the handling of baggage were received. The Disability Rights Commission received four complaints about loss or damage to wheelchairs in transit during the same period. Mrs Bates told us that the compensation available under the Montreal Convention does not cover the full price of replacing a wheelchair, the cost of which can run to the tens of thousands of pounds.[233] According to the CAA the European Commission has engaged Civic Consulting to carry out a study on enhancing the rights of air passengers whose wheelchairs or other mobility equipment are destroyed, damaged or lost during handling at an airport or during transport on board aircraft.[234]

162. The UK airports sector has worked under a voluntary code to provide services and access to disabled persons. It is disappointing that this voluntary code has not worked and that the European Commission has felt the need to step in with a Regulation. We hope that it will improve the air travel experience for disabled persons and we commend those UK airports which are already putting extra resources into improved facilities for these travellers. UK airlines also have a generally good record in assisting disabled passengers and we look to the industry to work with Government on those issues where there is concern—wheelchair handling in particular—to ensure that the European Commission does not come sweeping in with more onerous regulation.

223   Qq 26-27 Back

224   Q28 Back

225   UK aviation has operated under a voluntary code published by the Department for Transport since March 2003; this was accompanied by guidance to disabled travellers from DPTAC, there is not definitive list of who has been implementing the Code properly (Ev 182) Back

226   EC 1107/2006: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_204/l_20420060726en00010009.pdf Back

227   Ev 138 Back

228   Ev 135 Back

229   Ev 170 Back

230   Q686 Back

231   Ev 182 Back

232   The Disability Rights Commission have issued a press notice disclaiming the notion (Qq 696-698) Back

233   Q702 Back

234   Ev 123 Back