Proceedings 19 th Triennial Congress of the IEA, Melbourne 9-14 August 2015

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1 Differences between established and existing: verification of service provision to passengers who need special assistance in air transport from the perspective of the new Brazilian Resolution Jerusa Barbosa Guarda de Souza a, Talita Naiara Rossi da Silva a,b, Larissa Lunardon a, Nilton Luiz Menegon a a Industrial Engineering Department, Federal University of São Carlos (UFSCar), São Carlos-SP BRAZIL; b Occupational Therapy Department, Federal University of Minas Gerais (UFMG), Belo Horizonte-MG BRAZIL. Abstract Once the demographic growth of people with disabilities, elderly population and obese people has been observed, the demand for studies to help improve the accessibility and comfort of the users in the means of transportation, including the air transportation took place. There are several regulations in place that seek to ensure appropriate care to these people in flights. In addition, it has been noted, in recent years, the progress made by sectorial regulatory agencies to improve the requirements to meet the demand of public transportation, including aircraft. In Brazil, the National Civil Aviation Agency published in July 2013 a revision of the Resolution 009 in force since 2007, aiming to approach international regulations in the current Resolution 280. Thus, the objective of this study was to verify how the airline companies and their respective aircrafts meet the requirements of current regulations. With the implementation of the new regulations of ANAC (Resolution 280) a verification checklist was issued, addressing all provisions of the resolution. The data collection took place in airports as well as throughout flights within the national territory from September to November The checklist was completed with the data obtained from observations, interviews with the airline flight ants and with ground staff, involving three airline companies. The data analysis showed that the three airlines were not fulfilling some clauses of the regulations, particularly the provisions included or modified in the resolution published in It can be explained by the fact that the Resolution became effective 180 days after its publication in July 2013, and the verification have occurred in the months from September to November Since it was identified a systematic follow-up of practices is essential in order to ensure that the determinations are being implemented, aiming at improving the service to passengers who need special assistance in air transport. Keywords: regulations, aircraft, accessibility. 1. Introduction This work is part of the research entitled Accessibility in air travel: the regulatory scenario and the necessities of passengers who need special assistance, written by Souza (2014), which was developed in the framework of Universal Cabin Project: comprehending the special needs of air transport users, a project developed by Federal University of São Carlos in partnership with Embraer S/A from October 2012 to July The aims of this project were the study and the prospection of demands of specific groups of users with special needs, as the basis for the solutions development for the aircraft cabins, which meet these target passengers. It is known that the growth of the aviation sector results in broader coverage and passengers diversity. Therefore, knowing the users also means to know the passengers who need the special assistance in air transport (PNAEs), a group that has been increasing socially as well as in air transport. According to the National Agency of Civil Aviation (ANAC) it is considered passengers with special needs assistance (PNAEs) people with disability, people who are 60 or over, pregnant and lactating women, passengers with infants, people with reduced mobility or any person who, for any reason, is limited on the autonomy as a passenger (Brazil, 2013). Based on the increase in demand of that passengers category and the concerns about security in air transport, it has been observed recently a greater monitoring of regulatory bodies to improve the requirement to meet those passengers' needs, ensuring their physical and moral integrity and equal rights. 1

2 In July 2013 ANAC published Resolution 280, a review of Resolution 009 in force since 2007, foreseeing the approach to the existing regulations in the world. Despite that normative monitoring, many studies show that the services to the passengers who need special assistance remains precarious in the aviation sector (Castro, 2010; Poria, Reichel, Brandt, 2010; Chang, Chen, 2011; Chang, Chen, 2012a; Suen, Wolfe, 2006; Chang, Chen, 2012b). Therefore, the objective of this research was to verify how the aircrafts as well as the Brazilian airline companies are prepared to fulfill the current regulation. 2. The normative aspects in Brazil For a better understanding of the outcomes, the main determinations of Resolution 280 (Brazil, 2013) are showed on board 1. Board 1: Main determinations of Resolution 280:2013. Airport infrastructure The Resolution refers to determinations of NBR (1999) which determine: - Information and service desks shall have a minimum 0.80 high. - Close to the arrival and departure terminals, there must be, at least, a duly identified vacancy with the international symbol of accessibility and vertical visible signs. The vacancies in the parking lots must respect the following limits: parking lots with up to 30 vacancies must have 1 reserved vacancy; from 31 to 200, 2 reserved vacancies and over 200, 1% of the reserved vacancies. The way, from those vacancies mentioned above to the information desk, must be accessible with lanes on the ground with texture and colors differentiated. Airport administrations must respect the following minimum quantities of lifting equipment: None for airports flow up to 1000,000 passengers per year; 1 for flows from 1000,000 to ; 2 over If there are boarding bridges, there must be wheelchairs and trained staff for the disabled passengers transportation who do not use their own wheelchairs from the service desk to the aircraft. Standard establishes that the boarding bridges must have a maximum slope of 12,5%; otherwise, the airline company must provide assistance. Prioritized service PNAEs must have priority access to information and instructions, airport facilities, aircrafts and vehicles at the other passengers disposal. Preflight (Reservation procedures) The air operator must ask the PNAE about the necessity of having a personal assistant, technical help, communication resources and other assistances independently on the sales channel. The PNAE must inform the operator, 72 hours in advance, in case he/she either needs a personal assistant or shows medical documents; or 48 hours, in advance, in case he/she needs any other sort of assistance. It is optional for the airline company to require the medical documents of passengers travelling on a stretcher or those who need oxygen. The airline company must keep a file of the PNAEs who has a stable condition. The PNAE must check in within the same antecedence, excepting the passengers on stretchers, in an incubator or those who need oxygen or other medical equipment who can probably have determination of antecedence period. Personal assistant Passengers who travel on stretchers, who are mentally or physically impaired or those who do not meet their physiological needs, with no assistance, must be accompanied. In that case, the airline company must either offer the personal assistant or demands one, charging an equal or inferior value to 20% of the ticket bought by the PNAE. Denied boarding The air operator cannot limit the quantity of PNAEs on board and, in case of denied boarding in air transport, the evidence must be submitted in a period of 10 days. 2

3 Continue Board 1. Inflight assistance The airline company must provide PNAEs assistance in the following activities: check-in and checked baggage; movement from the check-in desk to the aircraft; boarding and disembarkation; accommodation seat placement, including the movement in the aircraft; handbag placement; movement from the aircraft to the baggage carousel; baggage recollection; accompaniment to border controlling, from the landing to the public areas; assistance in moving to toilet facilities; assistance to PNAEs who are either accompanied by a guide or a flanking dog; transferring or connection between flights; individual demonstration of the emergency procedures, when requested. Boarding and disembarkation of passengers When boarding, priority must be given to passengers on stretchers and in wheelchairs using boarding bridges, preferably, or using lifting or lowering equipment which must be the responsibility of the airport operator. It is forbidden manual handling, except in case of emergency evacuation The disembarkation takes place after the other passengers, except when the available time for the connections or other circumstances justify the priority disembarking. Carriage of assistive devices and equipments The PNAE can use his/her technical assistance and medical equipment in the security restricted area to the aircraft door, as long as they are submitted to the airport security search The airport operator must transport at no charge 1 technical assistance in the cabin of the aircraft, when there is space or in the baggage compartment, as long as it is returned to the passenger at the moment of the disembarkation. In case of transportation of assistive device which configures excess baggage, that excess will have a discount of 80%. Damage to assistive devices and equipment In cases of damage or faults, the item must be returned immediately to the passenger for an equivalent item. If the item has not been returned to the passenger in the same conditions 48 hours after the disembarkation, it is considered loss or destruction, being the operator responsible for paying compensation to the passenger, in the market value, in a period of 14 days. The returned piece of equipment or the technical assistance must remain available for the PNAE until the acquisition of the equipment, within 15 days after the payment of compensation. Guide dog and service animals The passenger who needs a guide or flanking dog is allowed to be with the animal in the passengers terminal and board with it in the cabin as long as the passenger shows the animal identification as well as the training evidence and it is updated with the national health and safety condition even as the one of the destination country. The dog is carried free of charge in the aircraft floor, next to the owner, equipped with harness. When the dog is in training phase, it can travel in coach company, instructor or companion enabled. Additional retention mechanisms The airline company must make a containment system available for lap child or allow the responsible for the child to provide one as long as it is accordance with the requirements. The additional retention mechanism must be also available to PNAEs who are unable to control his/her trunk. The PNAE can use his/her own mechanism retention as long as he/she applies for authorization from ANAC, at least 20 days in advance, from the date of the boarding. In case PNAEs need to keep a reclined sitting position, including when landing and taking off, nobody is allowed to use the seat immediately behind and the seats which have the access to the aisle obstructed by that seat mentioned above. PNAEs location The airline company must have available seats next to the aisle, close to the exits, with mobile arms rests for the PNAEs, being forbidden to be in the emergency exits. Passengers in wheelchairs, passengers accompanied by a guide or flanking dogs and passengers who have inflexible knee joints must be sitting in row with extra space, in a compatible place with their chosen travel class and with the purchased airline ticket. Training The airport operator must establish a training schedule for the on-board and ground-based staff according to the specified content by ANAC. 3

4 Continue Board 1. Quality control system The airport operator must implement a quality control system and keep for 2 years the service for the PNAEs, containing information such as: date, departure and destination airport, sort of aircraft, sort of offered service, technical assistance or equipment, communication or unrealized communication of prior notification, the presence of companion or guide dog, beyond the reason of the refusing services, when there will be. Responsible professional for acessibility The airline company must keep responsible professional for accessibility in person or any way which is able to offer immediate service full time. Aircraft requirements The aircraft which are put into service for the first time or is going to be redesigned must follow the accessibility standards of ABNT NBR being: aircraft with 30 (thirty) or over seats must have, at least, 50% of its aisle seats with mobile arms rest; aircraft with 100 (a hundred) or over seats must have at least one wheelchair available on board. Source: written by Souza (2014), based on ANAC Resolution 280/2013 (Brazil, 2013) 3. Materials and method Based on Resolution n 280 da ANAC, a checklist with the verification of the current air transport conditions was elaborated for those passengers. The data collection was held during national territory trips which were possible in partnership with the Paralympic Brazilian Committee. On these occasions, interviews were made with flight ants and based-ground staff of the three main Brazilian airline companies. The current data of the air transport conditions to meet the needs of the passengers who require special assistance, was made comparatively through the construction of boards with the aircrafts evaluations as well as the companies surveyed. The names of the airline companies were kept confidential, using designations A, B and C; once this study does not have the aim to promote or denigrate any of the companies, but only investigate if the existing regulations have been followed. Two trips were made with airline A, two trips with airline B and one trip with airline C. 4. Results Board 2 summarizes the situation of the three main Brazilian airline companies in accordance with Resolution 280:2013. The items, which were included in Resolution 280:2013, have been marked with an asterisk (*). Board 2. Situation of the three main Brazilian airline companies according to the compliance with Resolution The determinations in Resolution 280/2013 Airline A Airline B Airline C Does the airline company offer assistance service previously to the trip on sites? It s It s It s 2 Does the airline company keep records of the PNAEs who have a stable condition?* 3 Does the airline company restrict the number of PNAEs on-board? If so, in which situations?* 4

5 Continue Board 2. 4 Does the airline company offer travelling companions to the PNAEs who need them? 5 Does the airline company offer discount on the PNAEs companions tickets? If so, how much is the discount? It s It s Does the airline company require differentiate antecedence for PNAEs to check in?* Does the airline company have priority boarding for PNAEs at no further cost? If so, who are the passengers who have this right? Does the airline company offer assistance throughout the flight cycle (for instance: check-in, displacement of the passenger to the aircraft, security procedures, embarking and disembarking, stowage of hand baggage, passengers placement on the seats, recollecting checked baggage, exit of the aircraft to the lobby of the airport)? It s It s It s It s It s It s It s It s It s 9 Is the airline company responsible for the PNAEs on connecting flights?* It s It s Does the airline company offer individual security briefing to PNAEs? Does the airline company/airport offer lifting and lowering equipment for the aircraft?* It s It s It s It s It s It s 12 Does the airline company provide manual transport throughout either when landing or taking off in case there are no lifts or fingers available?* Does the airline company offer discount for additional seats in case PNAEs need? Does the airline company carry assistive devices of the passenger at no charge? If so, is there any limit? What is it? Does the airline company offer discount for excess baggage due to the carriage of assistive devices? Does the airline company offer substitution of assistive device in case of damage or loss? Does the airline company indemnify the passenger in case of loss or destruction of assistive device? What is the compensation period? Does the airline company allow the visual impaired passenger or instructor to travel with guide dogs? If so, in which premises of the aircraft do they travel? Are there specific premises in the aircraft where the PNAE must seat? If so, where it is? It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s It s 5

6 Continue Board Does the airline company offer additional retention system to the safety-belt for the PNAEs who do need it? It s It s It s 21 Does the airline company allow the passenger to use his/her own assistance, equipment or retaining mechanism in the aircraft? 22 Does the aircraft have 50% of its aisle seats with retractable armrests? It s It s It s 23 Does the aircraft have on-board wheelchairs? It s It s It s 24 Does the airline company offer training for assistance to PNAEs? If so, what is the content covered? Does the airline company have quality control system for the PNAE ance registration? If so, what information is registered?* Does the airline company as well as the airport have a member of staff responsible for accessibility?* Source: Souza (2014) 5. Discussion and conclusion On board 2 it is observed that the three main Brazilian airline companies do not meet the majority of the items which were included in the New Resolution, published in July 2013, marked on the board with an asterisk (*), such as: file maintenance of the PNAE who has stable condition, limitation in the number of PNAEs on board, PNAE responsibility in flight connection, manual completion of embarking and disembarking, quality control ance maintenance. The fact mentioned can be justified by the reason that the law comes into force 180 days after its publishing, and the evidences were verified from September to December However, it was verified that some companies did not meet the requirement of offering discount on the companions tickets, existing item in Resolution 009. In relation to some items, it was not if the companies used to meet them or not, once it was observed such enormous discrepancy in the information in relation to the procedures, when data from the same company was compared to the information given by the ground staff and the flight ants. It can be mentioned in this category, the items: the possibility of the passenger to use his/her own equipment or retention mechanism, upon authorization; appropriate training of the members of staff according to the content defined by ANAC; availability of employees responsible for accessibility. It must be pointed out that, although it has not been the compliance of the item 21 by the airline companies, in the observations throughout the trips, it was observed a passenger who used a personnel seat postural adaptation in the aircraft and he also used a seatbelt extender for his own equipment restraint. However, there are variations in that procedure. The mentioned passenger reported that his sister once was forbidden to travel under the same conditions. In summary, it can be confirmed that items 2, 3, 4, 21, 24, 25 and 26 on board 2 are the airline companies responsibility. On the other hand, item 12 it is a responsibility shared between the airport and the air operator, since it is up to the airport operator provide the lifting and lowering equipment and it is the responsibility of the air operator forbid manual embarking and disembarking. Therefore, the majority of the determination not complied, currently, are the responsibilities of the air operators, but it is also notice a misalignment between the different operators in connection with the accessibility aspect. The failure 6

7 to comply with the items can be explained by the fragility of either the legislation or inspection, resulting in inaccessible conditions, and often, unsafe for the passengers. Taking into account the points mentioned, it is important that the regulations are established by the regulatory bodies in partnership with all the involved social actors, that is to say, users, aircraft manufacturers, airline and airport operators, and there is a systematic monitoring of practices by the regulatory body to ensure the accomplishment of the determinations, aimed at improving the service to the PNAEs. Acknowledgements The authors are grateful to the passengers who participated in this study and to the National Civil Aviation Agency (ANAC), the São Paulo State Secretariat for the Rights of People with Disabilities and the Brazilian Paralympic Committee for the support during the collection of data in airports and flights. The authors also gratefully acknowledge the Coordination for the Improvement of Higher Education Personnel (Capes) for the PhD scholarship granted to the second author and to the Minas Gerais State Research Foundation (Fapemig) for the generous financial assistance to support ance at an important conference. References BRASIL. Agência Nacional de Aviação Civil. Resolução n º280, de 11 de julho de p. CASTRO, R.T. Acessibilidade de turistas com necessidades especiais ao transporte aéreo p. Dissertação (Mestrado em Engenharia de Transporte) COPPE, Universidade Federal do Rio de Janeiro, Rio de Janeiro, Chang, Y.C.; Chen, C.F Identifying mobility service needs for disabled air passengers. Tourism Management, 32: , Chang, Y.C.; Chen, C.F. 2012a. Meeting the needs of disabled air passengers: factors that facilitate help from airlines and airports. Tourism Management, 33: Chang, Y.C.; Chen, C.F. 2012b. Service needs of elderly air passengers. Journal of Air Transport Management 18: Poria, Y.; Reichel, A.; Brandt, Y The flight experiences of people with disabilities: an exploratory study. Journal of Travel Research 49 (2): SOUZA, J.B.G Acessibilidade em viagens de avião: o cenário regulatório e as demandas dos passageiros que demandam assistência especial. 01 de setembro de p. Tese (Doutorado em Engenharia de Produção). Departamento de Engenharia de Produção, Universidade Federal de São Carlos, São Carlos. SUEN, S.L.; WOLFE, H.P Accessible Air Travel for the 21st Century. First National Conference on Mobility for All, 2006, New Delhi, India. Acessed 15 March,

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