New EU legislation has finally been published, coming into effect progressively over the next two years, which will enhance the rights of persons with reduced mobility to nondiscriminatory treatment and free of charge assistance at airports and on board aircraft.

Fair, non-discriminatory treatment, free of charge assistance in all airports located within the European Union, and free on board assistance. These are the key themes of EU Regulation No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, published in the Official Journal on 26 July 2006.

The provisions of the Regulation are to apply progressively.

Fair, non-discriminatory treatment From end July 2007:

  • Carriers, their agents and tour operators will no longer be able to refuse a reservation for, or boarding of, a passenger on the grounds of an individual’s disability and/or reduced mobility. The regulation does sensibly permit a derogation from this rule for safety reasons or if the size of the aircraft or its doors make embarkation physically impossible.

  • If a reservation is refused, there are obligations to make reasonable efforts to propose "an acceptable alternative" (not otherwise defined in the Regulation). Denied boarding of an individual on the grounds of disability or reduced mobility gives rise to a right to reimbursement or re-routing under the existing Denied Boarding Regulation (EC) No 261/2004.

  • Airlines and tour operators will also be required to publish details of their policies as to the carriage of disabled persons and those with reduced mobility.

Free of charge assistance in all airports located within the European Union At present there is a lack of consistency within the EU as to the level of assistance afforded to those with reduced mobility at airports when seeking to travel by air. The Regulation brings in a sweeping change creating a centralised airport controlled system. With effect from July 2008, those with reduced mobility will be entitled to free of charge assistance at all airports situated in the territory of an EU member state. Assistance is to be afforded to passengers departing from, arriving at or transiting through an EU airport. Whilst airports are expressly prohibited from charging passengers for these services they may (and no doubt will) levy a charge on carriers, calculated in proportion to the total number of all passengers carried to/from the relevant airport by an individual air carrier. At the drafting stage there was a call by some carriers for minimum assistance levels to be set but for the provision of the same to be left to carriers. That call was dismissed. A centralised airport controlled system was considered the most effective way of ensuring that all travelling disabled persons and those with reduced mobility receive an equal and consistent level of assistance.

On Board Assistance

Certain obligations are imposed expressly on air carriers with respect to the provision of on board assistance. As with airport assistance, there is a prohibition on levying a charge on passengers and the right to assistance extends not only to passengers departing on an aircraft from an EU airport but also those arriving at or transiting through an EU airport. The requirement to provide free on board assistance does not commence until July 2008 affording carriers some time yet within which to review their existing levels of passenger assistance and to revise these as necessary. The key obligations are as follows:

  • the carriage of recognised assistance dogs in the cabin (subject to national regulations);

  • the carriage of medical equipment and up to two pieces of mobility equipment per disabled person or person with reduced mobility including electric wheelchairs (no weight limit is specified in the Regulation) subject to advance warning of 48 hours and possible limitation of space on board the aircraft;

  • communication of essential information concerning flights in accessible formats (e.g. large print and Braille);

  • obligation to make all reasonable efforts to arrange seating to meet the needs of individuals with disability or reduced mobility on request, subject to flight safety requirements and availability; and

  • the provision of on board assistance in moving to toilet facilities.

Statistics suggest that up to 10 per cent of the EU population suffer from a disability or reduced mobility. This Regulation is designed to offer those persons opportunities for air travel comparable to those of other citizens within the EU, recognising that they have the same right as all other EU citizens to free movement, freedom of choice and non-discrimination in the matter of air travel.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.