Air Carrier Access Act

14 CFR Part 382 Non-discrimination on the Basis of

Disability in Air Travel

29 April 2009Heidi Giles MacFarlane & Richard Gomez

Today’s Discussion

• The ACAA Rule

• What to Expect from the DOT on May 13

• Importance of Training

• Respiratory Assistive Devices

14 CFR Part 382

Effective May 13, 2009… “no air carrier may discriminate against

any otherwise qualified individualwith a disability…”

U.S. Department of Transportation (DOT)

The ACAA Rule

EFFECTIVE: 13 MAY 2009

How MedAire Complies

• Closely monitor regulations worldwide

• Respond to medical-related NPRMs

• Understand and comply with regulations

• Help airlines mitigate medical risk

What to Expect• More passengers with unique needs

• Passengers with disabilities who are aware of the new rule

• Affected persons who may file a complaint

• Monitoring by the DOT

• Inspections and potential fines

What to Expect from the DOT

Compliance Activities

• Role of DOT’s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings

• Attend and review CRO training classes offered by U.S. and foreign carriers– Purpose of review

• Use compliance reviews to address problems encountered by persons with disabilities when they travel

Enforcement

• Pursue enforcement action based on:– Pattern and practice of discrimination – Egregious cases

• Maximum civil penalty for ACAA violations ($27,500 per violation)

• Committed to ensuring carrier compliance

• Working with airlines to achieve the common goal of accessibility in air travel.

§ 382.141

• Train to proficiency– General understanding of the rule– Knowledge of procedures– Knowledge to safely operate equipment– Ability to respond to requests

• Consult with disability advocacy groups

• Ensure contractors provide adequate training

Develop a Training Plan

Respiratory DevicesUse Must be Allowed on Aircraft*:

• CPAP-Continuous positive airway pressure device

• POC- Portable oxygen concentrator

• VENT-Respirator / Ventilator

*Aircraft with 19 or more passengers

Why these Devices?

• Common denominator: chronic medical conditions– Sleep apnea affects 18 million*– Chronic obstructive pulmonary disease (COPD)

affects 16 million*– Congestive heart failure (CHF) affects 4.8 million*– Neuromuscular / musculoskeletal disorders

• In-flight risk is relative to dependency on the device

*Statistics are for people in the United States

Continuous Positive Airway Pressure Devices

• CPAPs– Used commonly to treat sleep

apnea– Delivered via a face mask– Eases breathing by opening

the airways during sleep– Low risk use on board

In the event of a decompression, userswill need to use the drop down masksIn the event of a decompression, userswill need to use the drop down masks

Portable Oxygen Concentrators*

• Treats low oxygen levels in the blood (COPD, CHF)

• Settings to be based on altitude

• Risk during depressurization

• Power supply depletion

• Alternatives during device failure (emergency oxygen bottle)

Seven POC devices are approved by the Federal Aviation Administration

Respirators/Ventilators

• Breathes for someone who can’t breathe by themselves

• Usually devices is connected by tube in neck (tracheostomy)

• Risk during depressurization

• Power supply depletion

• Device failure requires manual ventilation

An Airline’s Responsibility

• Training on these devices is not required

• However, you should:– Recognize approved devices– Understand criteria for acceptance– Know how and why assistive devices are used– Be comfortable – Implement normal and non-normal emergency

procedures

In Conclusion

• To enhance access to the skies:– Read the rule: know what to expect– Share your plan with the DOT– Educate your workgroups to proficiency– Integrate respiratory assistive devices into

your current procedures

For Further Questions

Contact: Heidi Giles MacFarlaneheidi.giles@MedAire.comOR VISIT BOOTH #228