[AI] Please give your comments on the DGCA's CAR for Air Travel of the Disabled People

mahendra galani at chello.at
Sun Jun 1 03:12:49 EDT 2008

you have covered everything. great work. keep it up.
At 03:47 PM 5/17/2008, you wrote:
>Dear Friends
>Finally the 8th draft dated 24th April 2008 has seen the light of the day
>after the Ministry of Civil Aviation cleared it to become the new CAR
>Guideline on Carriage of People with Disabilities and People with Reduced
>Mobility effective 01st May 2008.  *The New CAR is available at
>I am attaching a brief assessment of the New CAR viz. Good Points and Issues
>that still needs to be addressed (Loop Holes). There might be few other
>areas that I might have left and you may be able to point them out.
>*I would request you to kindly provide your inputs so that we jointly can
>fight for rectifying the shortcomings together.*
>* *
>* *
>*Good Points included in the DGCA's New CAR *
>*effective 01 May 2008*
>1.                  To remove confusion between People with
>disabilities/People with Reduced Mobility and Sick/medically ill passengers,
>the new CAR has defined the *Incapacitated Passengers as those with medical
>condition* and Persons with Reduced Mobility (PRM) and Persons with
>Disabilities (PwDs) as those whose mobility is impaired/reduced when using
>transport (Ref Section 3).
>2.                  It mandates that no airlines will refuse to carry
>PwD/PRM and their assistive aids/devices, escorts & *Guide Dogs*.
>3.                  Emergency Evacuation procedures and Training on handling
>PwD/PRM shall be included in Airline's Training & Safety manuals.
>4.                  *Only trained persons shall be assigned to assist and
>handling* the passengers with disabilities.
>5.                  All Airlines *will assist those who wish to travel alone
>without an escort (Ref. para 4.8)*
>6.                  Barrier Free Access, accessible toilets and Assistance
>Booths close to the entrance (within visible proximity at arrival/departure
>terminals) with International symbol of Disability at the Airport are
>mandated in 4.10
>7.                  No limit on number of PwD on a flight. Equal choice of
>seat allocation.
>8.                  No medical Clearances of special forms shall be insisted
>from PwD/PRM.
>9.                  All assistive aids shall be provided *without any extra
>costs *to the passengers.
>10.             Pwds/PRMs including Blind passengers shall not be restricted
>to any particular cabin or seating areas. *Guide Dogs are allowed in the
>Cabin* with prior information.
>11.             Individual briefing to PRM/PwDs /their escorts before take
>off by senior cabin crew of airline. Blind passengers to be provided *Braille
>brochures and large print brochures besides verbal briefing*.
>12.             Once ticket is confirmed, no further enquiries shall be made
>(Para 9.5).
>13.             In case of loss or damage to the mobility equipment during
>storage and handling, the airlines shall be liable for providing *suitable
>14.             *Assistive Aids and Devices can be carried as hand
>baggage*in the aircraft (Ref: note to para 7.5)
>*15.             *In-transit offloading- in case of overnight halt,
>the *accommodation
>provided should be accessible and barrier free.*
>*Issues that need to be addressed:*
>* *
>    1. Para 4.6 "Passengers who declare independence in feeding,
>    Communication with reasonable accommodation, toileting and personal needs
>    are allowed to travel without escort." *This section is discriminatory
>    against people who require some support in areas of feeding and personal
>    needs etc and it gives a right to airlines to disallow the passengers to
>    fly, if they don't declare independence. We feel that this para looses its
>    relevance in light of para 4.8 which is an 
> enabling and positive para. Thus
>    in view of this para 4.6 should be deleted in toto.*
>    2. Para 4.9 -People not holding any Disability Certificate also to be
>    given all facilities *but at a cost.  ­ This is not acceptable since
>    Government of India has so far has failed to 
> provide Disability Certificates
>    to all the disabled population and many do not go to obtain one due to
>    ridiculous and time consuming procedures*. Hence, *this condition will
>    adversely affect them for no fault of theirs. Also the Airliners have been
>    providing free services to the elderly 
> people who seek much more assistance
>    and support that what a blind passenger might seek. Thus this would amount
>    to discrimination on the basis of disability 
> and we strongly recommend that
>    no additional fee should be charged from any one*.
>    1. *Provisions* *regarding charges for Human assistance are not
>    acceptable* as devised by 6.1 (a). By doing so the person with disability
>    would be put on a disadvantageous position vis-à-vis his non-disabled
>    counterparts and would amount to 
> "Discrimination on the basis of Disability"
>    and also against principle of "reasonable accommodation" thus contravenes
>    Article 9 of UNCRPD. For ease of reference Definitions of both terms are
>    appended along with Article 9 UNCRPD as *Annexure A.*
>    1. There is an inherent contradiction in para 6 of the CAR Guideline:
>    While Opening words are *"All assistive aids shall be provided without
>    any extra cost to the passengers."* The first sub para 6(a) provides a
>    loop hole by declaring that "Any charges for 
> human assistance, if required,
>    may be levied by the Airlines." Similarly  sub para 6.4 (b) *seeks to
>    charge for narrow wheelchair type aisle chairs* which are without
>    armrests and can be moved about in the passenger cabin and can be used for
>    internal mobility by persons with reduced mobility. It says "Any nominal
>    charge in this regard, if levied, shall be paid by the passenger."*  The
>    narrow width of the passage in the aeroplane is a design fault and not the
>    fault of wheelchair user. If the present passage could accommodate the
>    personal wheelchairs then aisle chairs would not be needed in its first
>    place. Thus the users should not be 
> penalized /charged for the design fault.
>    It is recommended that for all future 
> procurements of aircraft, the passage,
>    toilets etc having access features should be 
> invariably provided. Till then
>    the aisle chairs should be provided without any costs.*
>* *
>    1. The above charges under 6,4(b) also *contradict para 9.1* (Assistance
>    on the plane) which provides that* All airlines should assist a passenger
>    with disability to get to the toilet. *Any PRM would eventually need an
>    aisle chair for internal mobility including reaching toilet. It
>also *contradict
>    para 4.8* which says "*All airlines shall provide necessary assistance to
>    PwDs/PRM who wish to travel alone without an escort.*
>* *
>    1. Charges for Assistance in Disembarkation at point of transfer and /or
>    destination: *In para 7.7 the airline seeks to charge a nominal amount
>    for request for assistance in baggage delivery and getting out of the
>    airport*. This is absolutely unnecessary and not acceptable. Any charge
>    for assistance in getting the baggage delivered to a blind person, for
>    example, would put him to disadvantage just 
> because he can not see and needs
>    help to locate his/her baggage! Doesn't this amount to discrimination?
>    2. *Complaint Procedure* ­ The role of an external agency has not been
>    provided. *No time limit for complaint redressal has been given*.
>    Earlier, the complaints used to go to the DGCA, CCPD. Now in case of any
>    infringement of the CAR, the user can access the managing body of
>    airlines/airports only who have never in past done any better thing than
>    apologizing- sometimes in person and sometimes in public! *Thus we feel
>    that there could be a Grievance Handling 
> Body consisting of members from all
>    scheduled and non-scheduled airliners at a single window as it would be
>    difficult to chase different airlines individually and one would shift the
>    blame on the other in case failure of interline coordination is being
>    reported. Also there should be a time limit for redressal of complaint
>    failing which appeal to DGCA and CCPD should lie.*
>*Annexure- A*
>* *
>*UNCRPD- Article 2- Definitions*
>"*Discrimination on the basis of disability*" means any distinction,
>exclusion or restriction on the basis of disability which has the purpose or
>effect of impairing or nullifying the recognition, enjoyment or exercise, on
>an equal basis with others, of all human rights and fundamental freedoms in
>the political, economic, social, cultural, civil or any other field. It
>includes all forms of discrimination, including denial of reasonable
>"*Reasonable accommodation*" means necessary and appropriate modification
>and adjustments not imposing a disproportionate or undue burden, where
>needed in a particular case, to ensure to persons with disabilities the
>enjoyment or exercise on an equal basis with others of all human rights and
>fundamental freedoms"
>Article 9 - Accessibility
>1. To enable persons with disabilities to live independently and participate
>fully in all aspects of life, States Parties shall take appropriate measures
>to *ensure to persons with disabilities access, on an equal basis with
>others, to the physical environment, to transportation*, to information and
>communications, including information and communications technologies and
>systems, *and to other facilities and services open or provided to the
>public*, both in urban and in rural areas. These measures, which shall
>include the identification and elimination of obstacles and barriers to
>accessibility, shall apply to, inter alia
>    1. Buildings, roads*, transportation* and other indoor and outdoor
>    facilities, including schools, housing, medical facilities and workplaces;
>    2. Information, communications and other services, including electronic
>    services and emergency services.
>2. States Parties shall also take appropriate measures to:
>    1. Develop, promulgate and monitor the 
> implementation of minimum *standards
>    and guidelines for the accessibility of facilities and services open or
>    provided to the publi*c;
>    2. *Ensure that private entities that offer facilities and services which
>    are open or provided to the public take into account all aspects of
>    accessibility for persons with disabilities*;
>    3. *Provide training for stakeholders on accessibility issues facing
>    persons with disabilities*;
>    4. Provide in buildings and other facilities open to the public signage
>    in Braille and in easy to read and understand forms;
>    5. *Provide forms of live assistance and intermediaries*, including
>    guides, readers and professional sign language interpreters, *to
>    facilitate accessibility to* buildings *and other facilities open to the
>    public; *
>    6. Promote other appropriate forms of assistance and support to persons
>    with disabilities to ensure their access to information;
>    7. Promote access for persons with disabilities to new information and
>    communications technologies and systems, including the Internet;
>    8. Promote the design, development, production and distribution of
>    accessible information and communications technologies and systems at an
>    early stage, so that these technologies and systems become accessible at
>    minimum cost.
>* ** *
>*The New CAR is available at  http://www.dgca.nic.in/cars/D3M-M1.pdf*
>Subhash Chandra Vashishth,
>Mobile : +91-11-9811125521
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with warm regards
        Mahendra Galani
window's live ID mahendragalani at hotmail.com       skype ID chintu3886
phone +4314943149 mobile +4369910366055,
address Herbst strasse 101.16.1 Vienna Austria Europe

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