Air Transportation Policy for the Individual with a disability during Beijing Olympic Games( Paralympic Games)
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- Marvin Woods
- 10 years ago
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1 Air Transportation Policy for the Individual with a disability during Beijing Olympic Games( Paralympic Games) The Relative Units: The operating departments of air carriers, airports, sales agents and ground service agents such as marketing sales, ground services, cabin services, security check, on site direction and other departments such as customs, frontier defence and quarantine. Principle Of The Policy: Any individual with a disability should have opportunities for air travel comparable to those of other citizens. This policy is formulated according to Disabled Person Security Law of the People s Republic of China, Civil Aviation Law of the People s Republic of China, China Domestic Air Transportation Regulation on Passengers and Luggage, China International Air Transportation Regulation on Passengers and Luggage, and referring to UN s Convention of the Rights of Persons with Disabilities and other international common practices so as to guarantee the air transportation of persons with disabilities during Beijing Olympic Games (Paralympic Games) in terms of flight safety, ticket reservation, check-in, security check, boarding and de-boarding, in flight and arrival services, and the smooth transportation of luggage, sport instruments, aided facilities, and service dogs etc. Policy Description: 1. Definitions 1.1 "Individual with a disability" means one who has abnormalities of loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal. Individual with a disability means one with visual, or hearing, or speech, or physical, or intellectual, or psychiatric disability, multiple disabilities and/or other disabilities.
2 1.2 "Qualified individual with a disability" means a individual with a disability Who: With respect to accompanying or meeting a traveler, use of ground transportation, using terminal facilities, or obtaining information about schedules, fares or policies, takes those actions necessary to avail himself or herself of facilities or services offered by an air carrier to the general public, with reasonable accommodations, as needed, provided by the carrier; With respect to obtaining a ticket for air transportation on an air carrier, offers, or makes a good faith attempt to offer, to purchase or otherwise validly to obtain such a ticket; With respect to obtaining air transportation, or other services or accommodations required by this policy: Purchases or possesses a valid ticket for air transportation on an air carrier and presents himself or herself at the airport for the purpose of traveling on the flight for which the ticket has been purchased or obtained; and Meets reasonable, nondiscriminatory contract of carriage requirements applicable to all passengers; Passengers traveling in stretchers are excluded. 2. Requirements For Services Refusal of transportation Unless specifically permitted by a provision of this policy, a carrier shall not refuse to provide transportation to a qualified individual with a disability on the basis of his or her disability A carrier shall not refuse to provide transportation to a qualified individual with a disability solely because the person s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers To meet the requirements of CCAR-121-R2.161, the number of the individual with a disability who is totally unable to walk due to health problem or is able to walk in the cabin aided by others or instruments a flight is able to carry onboard should be:
3 (1) When the actual number of passengers onboard is , the number of passenger with a disability should be no more than 10 (10 is included); (2) When the actual number of passengers onboard is more than 201(201 is included), the number of passenger with a disability should be no more than 15 (15 is included); (3) When the actual number of passengers onboard is more than the number regulated by (1) and (2), the number of cabin crew should be added at the ratio of 1:1, however, the number of passengers with a disability should be no more than twice of the number regulated by the clauses above. (4) When a disabled delegation is carried, under the precondition of increasing accompanying persons by the delegation, the carrier shall take some measures and appropriately increase the number of the passenger with a disability Except for , a carrier shall not refuse to provide transportation to qualified individuals with a disability by limiting the number of such persons who are permitted to travel on a given flight Carrier personnel, to meet the safety requirements regulated by China Civil Aviation Law and other regulations, may refuse to provide transportation to any passenger. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this policy. In the event that such action is inconsistent with the provisions of this policy, the carrier shall be subject to remedies provided under 3.3. When refusing to accept a reservation in case of safety, the air carrier shall make reasonable efforts to propose an acceptable alternative to the person in question When a carrier refuses to provide transportation to any person on a basis relating to the individual s disability, the carrier shall specify in writing to the person the basis for the refusal, including, where applicable, the reasonable and specific basis for the carrier s opinion that transporting the person would or might be inimical to the safety of the flight. This written explanation shall be provided within 10 calendar days of the refusal of transportation.
4 2.1.2 Carriers shall not impose charges for providing facilities, equipment, or services that are required by this policy to be provided to qualified individuals with a disability The requirement on the airport barrier-free facilities should be carried under Technical Standards for Airport Passenger Terminal Facilities with Accessibility by Individuals with Disabilities. (MH ). 2.2 Advance notice requirements Except as provided in paragraph (2.2.2) of this section, a carrier shall not require a qualified individual with a disability to provide advance notice of his or her intention to travel or of his or her disability as a condition of receiving transportation or of receiving services or accommodations required by this policy A carrier may require up to 72 hours advance notice and 3-hour advance check-in concerning a qualified individual with a disability who wishes to receive any of the following services, types of equipment, or accommodations: Medical oxygen for use on board the aircraft, if this service is available on the flight; Transportation for an electric wheelchair on a flight scheduled to be made with an aircraft with more than 150 seats or wide body aircraft; Accommodation for a group of ten or more qualified individuals with a disability, who make reservations and travel as a group; and provision of an on-board wheelchair on an aircraft that does not have an accessible lavatory If a passenger does not meet advance notice or check-in requirements established by a carrier consistent with 2.2.2, the carrier shall nonetheless provide the service, equipment, or accommodation if it can do so by making a reasonable effort, without delaying the flight Carriers reservation and other administrative systems shall ensure that when advance notice is provided by qualified individuals with a disability as provided by 2.2.2, the notice is recorded and properly transmitted to operating employees responsible for providing the accommodation concerning which notice was provided If the qualified individual with a disability provides the notice required by the carrier for a service under of this section, the carrier shall ensure that the requested service is provided.
5 2.2.6 If a qualified individual with a disability provides advance notice to a carrier, and the individual is forced to change to the flight of a different carrier, the first carrier shall, to the maximum extent feasible, provide assistance to the second carrier in providing the accommodation requested by the individual from the first carrier. 2.3 Attendants Except as provided in this section, a carrier shall not require that a qualified individual with a disability travel with an attendant as a condition of being provided air transportation A carrier may require that a qualified individual with a disability meeting any of the following criteria travel with an attendant as a condition of being provided air transportation, if the carrier determines that an attendant is essential for safety: A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the safety briefing required by CCAR-121-R2.569, or a person cannot establish some means of communication with carrier personnel A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft Carriers must guarantee the attendant to take the same flight with the qualified individual with a disability During the travel, the attendant must be capable of providing the necessary services and emergency evacuation assistance for the individual with a disability. 2.4 Seat assignments Carriers shall not exclude any qualified individual with a disability from any seat in an exit row or other location or require that a qualified individual with a disability sit in any particular seat, on the basis of disability, except in order to comply with the requirements of CCAR-121-R2.593 or as provided in this section If a person s disability results in involuntary active behavior that would result in the person properly being refused transportation under 2.1.1, and the safety problem could be mitigated to a degree that would permit the person to be transported consistent with safety if the person is seated in a particular
6 location, the carrier shall offer the person that particular seat location as an alternative to being refused transportation If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying, the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage. 2.5 Provision of services and equipment. Carriers, airports and ground service agents shall ensure that qualified individuals with a disability are provided the following services and equipment: Carriers, airports and ground service agents shall ensure that qualified individuals with a disability are boarded in priority Carriers, airports and ground service agents shall provide assistance requested by or on behalf of qualified individuals with a disability, or offered by air carrier personnel and accepted by qualified individuals with a disability, in boarding and de-boarding. The delivering carrier shall be responsible for assistance in making flight connections and transportation between gates This assistance shall include, as needed, the services personnel and the use of ground wheelchairs, boarding wheelchairs, on-board wheelchairs where provided in accordance with this policy, and ramps or mechanical lifts Boarding shall be by level-entry loading bridges, where these means are available. Where these means are unavailable, assistance in boarding and de-boarding aircraft shall be provided as set forth in Carriers, airports and ground service agents shall not leave a passenger with a disability unattended in a ground wheelchair, boarding wheelchair, or other device, in which the passenger is not independently mobile, for more than 30 minutes Carriers, airports and ground service agents shall not restrict the movements of persons with a disability in terminals or require them to remain in a holding area or other location in order to be provided transportation, to receive assistance, or for other purposes Carriers, airports and ground service agents shall provide services within the aircraft cabin as requested by or on behalf of individuals with a disability, or
7 when offered by air carrier personnel and accepted by individuals with a disability as follows: Assistance in moving to and from seats, as part of the enplaning and deplaning processes; Assistance in preparation for eating, such as opening packages and identifying food; If there is an on-board wheelchair on the aircraft, assistance with the use of the on-board wheelchair to enable the person to move to and from a lavatory; Assistance to a person with a crutch in moving to and from the lavatory, not involving lifting or carrying the person; or Assistance in loading and retrieving carry-on items, including mobility aids and other assistive devices stowed on board in accordance with Carriers are not required to provide extensive special assistance to qualified individuals with a disability. For purposes of this section, extensive special assistance includes the following activities: Assistance in actual eating; Assistance within the restroom or assistance at the passenger s seat with elimination functions; 2.6 Boarding and de-boarding assistance Paragraph and of this section apply to the air carriers, airports and ground service agents without level-entry loading bridges Carriers, airports and ground service agents shall provide boarding and de-boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other suitable devices that do not require employees to lift or carry passengers up stairs Each carrier that does not provide passenger boarding by level-entry loading bridges shall negotiate in good faith with the airport operator or ground service agents at each airport concerning the acquisition and use of boarding assistance devices. The carrier(s) and the airport operator or ground service agents shall sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this section between or among the parties.
8 The agreement shall provide that all actions necessary to ensure accessible boarding and de-boarding for passengers with disabilities are completed as soon as practicable. All air carriers, airports and ground service agents involved are jointly responsible for the timely and complete implementation of the agreement Under the agreement, carriers may require that passengers wishing to receive boarding assistance requiring the use of a lift for a flight check in for the flight three hours before the scheduled departure time for the flight. If the passenger checks in after this time, the carrier shall nonetheless provide the boarding assistance by lift if it can do so by making a reasonable effort, without delaying the flight When level-entry boarding assistance cannot as required by paragraphs and of this section, boarding and de-boarding assistance shall be provided by any available means to which the passenger consents, except hand-carrying The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition The training of carrier personnel shall include, for those personnel involved in providing boarding and de-boarding assistance, training to proficiency in the use of the boarding and de-boarding assistance equipment used by the carrier and appropriate boarding and de-boarding assistance procedures that safeguard the safety and dignity of passengers. 2.7 Stowage of personal equipment All stowage of qualified individuals with a disability wheelchairs and other equipment covered by this policy in aircraft cabins shall be in accordance with CCAR-121-R2.607 and CCAR-121-R2.215,as applicable Carriers shall permit qualified individuals with a disability stowing personal equipment in accordance with CCAR-121-R Carriers shall not, in implementing their carry-on baggage policies, count toward a limit on carry-on items any assistive device brought into the cabin by a qualified individual with a disability Carriers shall provide for a on-board narrow type wheelchair to qualified individuals with a disability for the flight over 3 hours A wheelchair shall be stowed in the cargo compartment hanged with a
9 tag, and the air carrier should hand over the identification copy to the passenger When a stowage area is not available in the passenger cabin, carriers shall provide for the checking and timely return of passengers wheelchairs and other assistive devices as close as possible to the door of the aircraft, so that passengers may use their own equipment to the extent possible When a qualified individual with a disability requests the carrier to return wheelchairs or other assistive devices to the passenger at the baggage claim area instead of at the door of the aircraft, the carrier should satisfy the demand Passengers wheelchairs and other assistive devices shall be among the first items retrieved from the baggage compartment Wheelchairs and other assistive devices shall be stowed in the baggage compartment with priority over other cargo and baggage Whenever baggage compartment size and aircraft airworthiness considerations do not prohibit doing so, carriers shall accept a passenger s battery-powered wheelchair, including the battery, as checked baggage, consistent with the requirements of CCAR-276TR Carriers may require that qualified individuals with a disability wishing to have battery-powered wheelchairs transported on a flight (including in the cabin) check in three hours before the scheduled departure time of the flight Carriers shall transport the battery-powered wheelchair by fixing it in an upright position (in the procedure of loading and unloading) with the battery disconnected, and the battery terminals protected from short circuits during the transportation,as an alternative to removing the battery from the wheelchair and separately packaged in accordance with CAAC Hazardous Materials Transportation Management Regulation. (See the Annex II for the detailed transportation requirement) 2.8 Treatment of wheelchairs and other assistive devices Wheelchairs and other assistive devices shall be returned to the passenger in the condition received by the carrier Carriers shall not require qualified individuals with a disability to sign waivers of liability for damage to or loss of wheelchairs or other assistive devices.
10 2.9 Passenger information A carrier and ground service agent shall make available, on request, the following information concerning facilities and services related to the provision of air transportation to qualified individuals with a disability: The location of seats, if any, with movable armrests and any seats which the carrier, consistent with this policy, does not make available to qualified individuals with a disability; Any limitations on the ability of the aircraft to accommodate qualified individuals with a disability; Any limitations on the availability of storage facilities, in the cabin or in the cargo bay, for mobility aids or other equipment commonly used by persons with a disability; Whether the aircraft has an accessible lavatory Individual safety briefings for qualified individuals with a disability, where required by CCAR-121-R2.569A(3), shall be conducted as inconspicuously and discreetly as possible. Carrier personnel shall not require any qualified individual with a disability to demonstrate that he or she has listened to, read, or understood the information presented Each carrier, airport and ground service agent shall ensure that qualified individuals with a disability have timely access to information the carrier provides to other passengers in the terminal or on the aircraft including, but not limited to, information concerning ticketing, flight delays, schedule changes, connections, flight check-in, gate assignments, and the checking and claiming of luggage Carriers, airports and ground service agents shall have, at each airport they use, a copy of this policy and shall make it available for review by persons with disabilities on request Accommodations for persons with hearing impairments In aircraft in which safety briefings are presented to passengers on video screens, the carrier shall ensure that the video presentation is accessible to persons with hearing impairments The carrier, without interfering the video presentation, shall implement this requirement by using open captioning or an inset for a sign language interpreter as part of the video presentation.
11 2.11 Security screening of passengers Qualified individuals with a disability shall undergo security screening in the same manner, and be subject to the same security requirements, as other passengers, and their bodies, as well as their luggage, possessions, and aided dogs shall not violate China Civil Aviation Security Regulations and Civil Aviation Security Screening Regulations of People s Republic of China. Admitted by the carrier, the wheelchairs and service dogs of qualified individuals with a disability shall be released after the security screening Mobility aids and assistive devices of a qualified individual with a disability for independent travel shall not subject the person or the aid to special screening procedures if the person using the aid clears the security system without activating it. Provided, That, this paragraph shall not prohibit security personnel from examining a mobility aid or assistive device which, in their judgment, may conceal a weapon or other prohibited item Security searches of qualified individuals with a disability whose aids activate the security system shall be conducted in the same manner as for other passengers. Private security screenings shall not be required for qualified individuals with a disability to a greater extent, or for any different reason, than for other passengers If possible, a special security screening pass for qualified individuals with a disability shall be established; and if a qualified individual with a disability requests a private screening in a timely manner, the security personnel shall provide it in time for the passenger to enplane If an airport employs technology that can conduct an appropriate screening of a passenger with a disability without necessitating a physical search of the person, the security personnel is not required to provide a private screening as described in Transportation of sport instruments The transportation of sport instruments shall be in consistence with the following regulations: CCAR-275, CCAR-274, CCAR-272, and CCAR-276 TR. The transportation of sport instruments should be forwarded at the seat booking Medical certificates Except for the following situation, a carrier shall not require a person
12 who is otherwise a qualified person with a disability to have a medical certificate as a condition for being provided transportation. A medical certificate is a written statement from the passenger s physician saying that the passenger is capable of completing a flight safely, without requiring extraordinary medical assistance during the flight A qualified individual with a disability who needs medical oxygen during a flight, as provided in CCAR-121-R2.574; or A qualified individual with a disability whose medical condition is such that there is reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight If a qualified individual with a disability has a communicable disease or infection. He or she shall present a medical certificate in accordance with the relative regulations issued by Who, Ministry of Health of People s Republic of China, and General Administration of Quality Supervision, Inspection and Quarantine of People s Republic of China Transportation of qualified individuals with a disability in group The group of qualified individuals with a disability shall notify the air carrier at least or just three days before scheduled departure time of the flight Carriers, airports and ground service agents shall provide the appropriate number of ground service personnel to the group of qualified individuals with a disability Transportation of the service dogs for qualified individuals with a disability Carriers,airports and ground service agents shall permit service dogs used by individuals with a disability to enter the isolated area in the airport and to accompany the persons on a flight Carriers, airports, ground service agents,inspection and quarantine departments shall accept as evidence that an animal is a service animal identification card, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal The onboard animal shall be tugged before it boards, and it shall not occupy a seat and move around discretionarily. If the other passengers sitting around the onboard animal moving area agree, the onboard animal may not be
13 required to wear a muzzle Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. 3. Administrative provisions 3.1 Human resource preparation and training Human resource preparation Carriers, airports and ground service agents shall prepare an appropriate number of service staffs for qualified individuals with a disability, who have the relative skills such as sign language and service psychology Training Each carrier, airport and ground service agent shall provide training, Meeting the requirements of this policy, for all its personnel who deal with the traveling public, as appropriate to the duties of each employee The carrier, airport and ground service agent shall ensure training to proficiency concerning: (1) The requirements of this policy and other CAAC regulations affecting the provision of air travel to persons with a disability; and (2) The procedures, consistent with this policy, concerning the provision of air travel to persons with a disability, including the proper and safe operation of any equipment used to accommodate passengers with a disability Carriers, airports and ground service agents shall establish their training program and procedures concerning which their personnel are trained, and shall ensure that all personnel required to receive training receive refresher training, as appropriate to the duties of each employee,as needed to maintain proficiency Security screening personnel shall receive the training on carrying out security screening on qualified individuals with a disability, their luggage, and service dogs as well. 3.2 Service programs Carriers,airports and ground service agents shall establish written
14 service programs for carrying out the requirements of this policy The program shall include the following elements: Schedule for the training to its personnel in compliance with this policy Policies and procedures for accommodating passengers with a disability consistent with the requirements of this policy The program shall be submitted to CAAC for records. 3.3 Complaints Carriers,airports and ground service agents shall establish a mechanism to handle the complaints of qualified individuals with a disability and make it be effective, including designating personnel to accept and solve these complaints, and the complaining phone number in 24 hrs should be publicized Each carrier, airport and ground service agent shall establish a procedure for resolving written complaints, on-site complaints, and quick coordination A Carrier, airport and ground service agent is not required to respond to a complaint postmarked 45 days after the date of the alleged violation Carriers, airports and ground service agents shall make a dispositive written response to a written complaint alleging a violation of a provision of this policy within 30 calendar days of its receipt The qualified individual with a disability believing that a carrier,airport or ground service agent has violated any provision of this policy may contact Center for Consumers Affairs of CAAC, Jia 24 Xibahe Beili, Chaoyang District, Beijing, , Releasing of the service information Carriers, airports and ground service agents shall release measures and procedures of providing convenient services to qualified individuals with a disability in accordance with this policy through the internet or other paper media, etc All essential information provided to air passengers should be provided in alternative formats accessible to qualified individuals with a disability 3.5 Information transmission When carriers receive a notification of the need for assistance at least 72 hours before the published departure time for the flight, they shall transmit the
15 information concerned at least 36 hours before the published departure time for the flight: To the airports of departure, arrival and transit, and To the operating air carrier, if a reservation was not made with that carrier, unless the identity of the operating air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable When more than two carriers are involved in the international interline transportation, the first carrier shall transfer the relative information to the connected carrier in time, and the connected carrier shall notify the relative airport The check-in personnel shall timely inform the inspection and quarantine department, customs, frontier defence and the security screening department of the relative information of the qualified individual with a disability, which shall include the wheelchair and the service dog boarded with the person As soon as possible after the departure of the flight, an operating air carrier shall inform the the airport of destination, of the number of the qualified individuals with a disability on that flight requiring assistance and of the nature of that assistance.
16 Annex I The relative terms of CCAR-121-R2 involved in this policy Demonstration of emergency evacuation procedures (a) Certificate holder shall conduct an actual demonstration of emergency evacuation procedures in accordance with paragraph (a) of Appendix C Criteria for demonstration of emergency evacuation procedures under section of this regulation to this regulation to show that each type and model of airplane with a seating capacity of more than 44 passengers to be used in its passenger carrying operations allows the evacuation of the full capacity, including crewmembers, in 90 seconds or less. But if this type of airplane has been proven to meet the requirements provided in paragraph (a) of Appendix C or other appropriate type certification standards, the actual demonstration is not required. (b) Certificate holder conducting passenger carrying operations with airplanes with a seating capacity of more than 44 passengers shall conduct a partial demonstration of emergency evacuation procedures in accordance with paragraph (c) of this section upon: (1) Initial introduction of a type and model of airplane into passenger carrying operation, and the certificate holder has not conducted an actual demonstration under paragraph (a) of this section; (2) Changing the number, location, or emergency evacuation duties or procedures of flight attendants who are required by section of of this regulation; (3) Changing the number, location, type of emergency exits, or type of opening mechanism on emergency exits available for evacuation. (c) In conducting a partial demonstration required by paragraph (b), certificate holder shall comply with following provisions: (1) Demonstrate the effectiveness of its crewmember emergency training and evacuation procedures by conducting a demonstration, not requiring passengers aboard but observed by Administrator, in which the flight attendants for that type and model of airplane, using that operator s line operations procedures, and in accordance with the emergency evacuation duties under section of this regulation, open 50 percent of the required floor-level emergency exits and 50 percent of the required
17 non-floor-level emergency exits, and apply 50 percent of the exits slides. The exits and slides will be selected by Administrator and shall be ready for use within 15 seconds. (2) Prior to the demonstration, apply for and obtain approval from the responsible Regional Civil Aviation Administration; (3) The flight attendant in this demonstration who have been selected at random by Administrator, have completed the certificate holder s training program approved by Administrator for the type and model of airplane, and have passed examination on the emergency equipment and procedures; (4) Prior to operation with this type and model airplane, apply and obtain approval from the responsible Regional Civil Aviation Administration; (d) Each certificate holder operating, or proposing to operate one or more land planes in extended over water operations, or otherwise required to have relevant emergency equipment under this regulation, shall show, by simulated ditching conducted in accordance with paragraph (b) of Appendix C to this regulation, that it has the ability to carry out its ditching procedures efficiently. (e) For a type and model airplane for which the simulated ditching specified in paragraph (d) of this section has been conducted by other certificate holder, the requirements of paragraph (b) (2), (b) (4) and (b) (5) of Appendix C to this regulation are complied with if each life raft is removed from the stowage, one life raft is launched and inflated (or one slide life raft is inflated), and crewmembers assigned to the inflated life raft display and describe the use of each item of required emergency equipment. The life raft or slide life raft to be inflated will be selected by Administrator Briefing passengers before takeoff (a) Certificate holder operating a passenger-carrying airplane shall ensure that all passengers are orally briefed by the appropriate crewmember as follows: (1) Before each takeoff, on each of the following content: (i) Each passenger shall be briefed on when, where, and under what conditions smoking is prohibited, and the location of non-smoking area and relevant information. This briefing shall include a statement that the Administrator requires passenger compliance with the lighted passenger information signs, posted placards, and that current regulations prohibit
18 tempering with, disabling, or destroying any smoke detector in an airplane lavatory, smoking in lavatories, and when applicable, smoking in passenger compartments. (ii) The location of emergency exits and guiding signs and lighting thereto. (iii) The use of safety belts, including instructions on how to fasten and unfasten the safety belts. Each passenger shall be briefed on when, where, and under what conditions the safety belt shall fastened about that passenger. This briefing shall include a statement that the Administrator requires passenger compliance with lighted passenger information signs and instructions concerning the use of safety belts. (iv) The location and use of any required emergency flotation means. (v) For flight with an altitude above 7600 meters (25000 feet), each passenger shall be briefed with the importance of oxygen in case that pressure is lost in cabin, and the location of oxygen-providing equipment, and the use of the equipment shall be demonstrated to passengers. (vi) Regulation prohibiting or restricting passengers from using portable electronic device onboard. (2) After each takeoff, immediately before or immediately after turning the seat belt sign off, an announcement shall be made that passengers should keep their seatbelts fastened while seated even when the seatbelt sign is off. (3) Except as provided in paragraph (a) (4) of this section, before each takeoff, an appropriate cabin crewmember who is on duty for that flight shall conduct an individual briefing of each individual who may need the assistance of another individual to move expeditiously to an exit in the event of an emergency. In the briefing, the flight attendant shall accomplish following tasks: (i) Brief the individual and his attendant, if any, on the routes to each appropriate exit and on the most appropriate time to begin moving to an exit in the event of an emergency; (ii) Inquire of the individual and his attendant, if any, as to the most appropriate manner of assisting the individual so as to preventing pain and further injury. (4) Each requirements of paragraph (a)(3) of this section do not apply to an individual who has been given a briefing before a previous segment of a flight in the same airplane when the flight attendants on duty have been advised as
19 to the most appropriate manner of assisting the individual so as to prevent pain and further injury. (b) Certificate holder shall carry on each airplane carrying with passengers, in convenient locations for use of each passenger, printed cards at least in Chinese supplementing the oral briefing and containing following information. Each card shall contain the information that is only pertinent to the airplane type or model for this flight and contain no advertisement. (1) Diagrams of, and methods of operating, the emergency exits; (2) Other instructions necessary for the use of emergency equipment. (c) The certificate holder shall describe in its manual the procedure to be followed in the briefing required by paragraph (a) of this section Seating around exit (a) Certificate holder shall arrange and change passenger seating in accordance with the ability that passengers in exit seats shall have to perform certain functions: (1) Designate the exit seats for each passenger seat layout in its fleet; (2) Make available for inspection by the public at all passenger loading gates and ticket counters at each airport where it conducts passenger operations, written, procedures established for making determinations in regard to exit row seating. (3) Not allow taxi or pushback unless at least one required crewmember has verified that no exit seat is occupied by a person the crewmember determines is likely to be unable to perform the applicable functions; (4) Prompt passengers in exit seats to read exit seat passenger information card specifically prepared for them and to identify themselves according to the information. The card shall include the ability that passenger in exit seats shall have to perform certain functions, which passengers are not suitable for exit seats, in what situations a passenger may ask for reseating and passengers' obligations to follow the arrangements or adjustments of seats by crewmembers. (5) In its operations manuals, specify: (i) Who will arrange or adjust passenger seats aboard; (ii) The procedures in which crewmembers arrange or adjust seats and verity
20 the seating situation of exit seats; (iii) The information to be provided in airports and the information on the exit seat passenger information card provided for passengers in exit seats. (6) Submit the specifications of operations manuals in paragraph (5) approved by Administrator. (b) The terms used in (a) may be understood as following: (1) Exit seat means each seat from which a passenger can proceed directly to the exit without passing around an obstruction and each seat in a row of seats through which passengers would have to pass to gain access to an exit. (2) No passenger may be seated in an exit seat unless he has the ability to perform following functions: (i) Locate the emergency exit; (ii) Recognize the emergency exit opening mechanism; (iii) Comprehend the instructions for operating the emergency exit; (iv) Operate the emergency exit; (v) Assess whether opening the emergency exit will increase the hazards to which passengers may be exposed; (vi) Follow oral directions and hand signals given by a crewmember; (vii) Stow or secure the emergency exit door so that it will not impede use of the exit; (viii) Assess the condition of an escape slide, activate the slide, and stabilize the slide after deployment to assist others in getting off the slide; (ix) Pass expeditiously through the emergency exit; and (x) Assess, select, and follow a safe path away from the emergency exit. (3) A passenger is not suitable for an exit seat if crewmembers determine that it is likely that the passenger would be unable to perform one or more of the applicable functions listed in paragraph (2) of this section because: (i) The person lacks sufficient mobility, strength, or dexterity in both arms and hands, and both legs: (A) To reach upward, sideways, and downward to the location of emergency exit and exit-slide operating mechanism; (B) To grasp and push, pull, turn, or otherwise manipulate those control mechanisms of emergency exits; (C) To push, shove, pull those control mechanisms of emergency exits, or
21 otherwise open emergency exits; (D) To lift out, hold, deposit on nearby seats, or maneuver over the seatbacks to the next row objects the size and weight of over wing window exit doors; (E) To remove obstructions similar in size and weight to over wing exit doors; (F) To reach the emergency exit expeditiously; (G) To maintain balance while removing obstructions; (H) To exit expeditiously; (I) To stabilize an escape slide after deployment; or (J) To assist others in getting off an escape slide. (ii) The person is less than 15 years of age or lacks the capacity to perform one or more of the applicable functions listed in paragraph (b) (2) of this section without the assistance of an adult companion, parent, or other relative; (iii) The person lacks the ability to read and understand instructions required by this section and related to emergency evacuation provided by the certificate holder in printed or graphic form or the ability to understand oral crew commands. (iv) The person lacks sufficient visual capacity to perform one or more of the applicable functions in paragraph (b) (2) of this section without the assistance of visual aids beyond contact lenses or eyeglasses; (v) The person lacks sufficient aural capacity to hear and understand instructions shouted by flight attendants, without assistance beyond a hearing aid; (vi) The person lacks the ability adequately to impart information orally to other passengers; (vii) The person has conditions or responsibilities, such as caring for small children, that might prevent the person from performing one or more of the applicable functions listed in paragraph (b) (2) of this section; or has a condition that might cause the person harm if he or she performs one or more of the applicable functions listed in paragraph (b) (2) of this section. (4) A passenger in an exit seat, after identifying himself in accordance with the exit seat passenger information card or crewmembers' briefing to passengers, may ask for reseating if he: (i) Cannot meet the selection criteria set forth in paragraph (b) (2) of this section;
22 (ii) Cannot determine whether he has the necessary ability; (iii) May suffer bodily harm as the result of performing one or more of those functions which are probably required; (iv) May not be able to perform functions that are probably required; (v) May not be able to understand the exit seat passenger information card and the briefing crewmembers made due to language or understanding ability. (c) In the event a certificate holder determines in accordance with this section that it is likely that a passenger assigned to an exit seat would be unable to perform the functions listed in paragraph (b)(2) or a passenger requests a non-exit seat, the certificate holder shall expeditiously relocate the passenger to a non-exit seat. In the event of full booking in the non-exit seats and if necessary to accommodate a passenger being relocated from an exit seat, the certificate holder shall move a passenger who is willing and able to assume the evacuation functions that may be required, to an exit seat. Crewmembers shall not require the passenger to disclose his or her reason for needing reseating. (d) A certificate holder may deny transportation to any passenger only because: (1) The passenger refuses to comply with instructions given by a crewmember or other authorized employee of the certificate holder implementing exit seating restrictions established in accordance with this section; (2) The only seat that will physically accommodate the individual's handicap is an exit seat. (e) Each passenger shall comply with instructions given by a crewmember or other authorized employee of the certificate holder implementing exit seating restrictions established in accordance with this section Authority to refuse transportation. (a) No certificate holder may refuse transportation to a passenger on the basis that, because the passenger may need the assistance of another person to move expeditiously to an exit in the event of an emergency, his transportation would or might be inimical to safety of flight unless the certificate holder has established procedures (including reasonable notice requirements) for the carriage of passengers who may need the assistance of another person to
23 move expeditiously to an exit in the event of an emergency; and the passenger fails to comply with the notice requirements in the certificate holder's procedures, or the passenger cannot be carried in accordance with the certificate holder's procedures. (b) Certificate holder shall provide Administrator with a copy of each procedure it establishes in accordance with paragraph (a) of this section. (c) Whenever Administrator finds that revisions in the procedures described in paragraph (a) of this section are necessary in the interest of safety or in the public interest, the certificate holder, after notification by Administrator, shall make those revisions in its procedures. (d) Certificate holder shall make available to the public at each airport it serves a copy of each procedure it establishes in accordance with paragraph (a) of this section Carry-on baggage. (a) No certificate holder may allow the boarding of carry-on baggage on an airplane unless each passenger's baggage has been scanned to control the size, weight and amount carried on board in accordance with an approved carry-on baggage program in its operations specifications. In addition, no passenger may board an airplane if his/her carry-on baggage exceeds the baggage allowance prescribed in the carry-on baggage program in the certificate holder's operations specifications. (b) No certificate holder may allow all passenger entry doors of an airplane to be closed in preparation for taxi or pushback unless at least one required crewmember has verified that each article of baggage is stowed in accordance with this section. (c) No certificate holder may allow an airplane to takeoff or land unless each article of baggage is stowed: (1) In a suitable closet or baggage or cargo stowage compartment placarded for its maximum weight and providing proper restraint for all baggage or cargo stowed within, and in a manner that does not hinder the possible use of any emergency equipment; (2) In line with the regulation of cargo carriage in cabin; (3) Under a passenger seat;
24 (4) The stick used by the blind people may be lay on the floor under the rows of seats (shall not be stretched out to the aisle), on the floor beside the seats around non-emergency exit window or the other place certified by Administrator. (d) Baggage, other than articles of loose clothing, may not be placed in an overhead rack unless that rack is equipped with approved restraining devices or doors. (e) Each passenger shall comply with instructions given by crewmembers regarding compliance with paragraphs (a), (b), (c), (d) of this section. (f)each passenger seat under which baggage is allowed to stow shall be fitted with a means to prevent articles of baggage stowed under it from sliding forward. In addition, each aisle seat shall be fitted with a means to prevent articles of baggage stowed under it from sliding sideward into the aisle under crash impacts severe enough to induce the ultimate inertia forces specified in the emergency landing condition regulations under which the airplane was type certificated Carriage of cargo in passenger compartments (a) Except as provided in paragraph (b) or (c) of this section, no certificate holder may carry cargo in the passenger compartment of an airplane (b) Cargo may be carried anywhere in the passenger compartment if it is carried in an approved cargo bin that meets the following requirements: (1) The bin must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by a factor of 1.15, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin.; (2) The maximum weight of cargo that the bin is approved to carry and any instructions necessary to insure proper weight distribution within the bin must be conspicuously marked on the bin; (3) The bin may not impose any load on the floor or other structure of the airplane that exceeds the load limitations of that structure; (4) The bin must be attached to the seat tracks or to the floor structure of the airplane, and its attachment must withstand the load factors and emergency
25 landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by either the factor 1.15 or the seat attachment factor specified for the airplane, whichever is greater, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin; (5) The bin may not be installed in a position that restricts access to or use of any required emergency exit, or of the aisle in the passenger compartment; (6) The bin must be fully enclosed and made of material that is at least flame resistant; (7) Suitable safeguards must be provided within the bin to prevent the cargo from shifting under emergency landing conditions; (8) The bin may not be installed in a position that obscures any passenger's view of the "seat belt" sign, "no smoking" sign, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided. (c) Cargo may be carried aft of a bulkhead or divider in any passenger compartment provided the cargo is restrained to the load factors in CCAR25.561(b)(3) and is loaded as follows: (1) It is properly secured by a safety belt or other tie down having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions; (2) It is packaged or covered in a manner to avoid possible injury to passengers and passenger compartment occupants; (3) It does not impose any load on seats or the floor structure that exceeds the load limitation for those components; (4) Its location does not restrict access to or use of any required emergency or regular exit, or of the aisle in the passenger compartment; (5) Its location does not obscure any passenger's view of the "seat belt" sign, "no smoking" sign, or required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided Passenger medical oxygen (a) When meeting following conditions, certificate holder may allow the passenger to carry with and operate the equipment used for storage,
26 generation or distribution of oxygen: (1) This equipment shall meet following requirements: (i) provided by certificate holder; (ii) the type was approved by relevant national authority; (iii) maintained in accordance with approved maintenance program by certificate holder; (iv) no flammable stain material on external surface; (v) can provide the user with minimum oxygen flow of 4 liter per minute; (vi) all the valves, joints and instruments are equipped with protection structures from damage; (vii) properly secured. (2) When oxygen is stored in form of liquid, since its first operation or the cleaning of its storage container, this equipment has been maintained in accordance with approved maintenance program; (3) When oxygen is stored in form of compressed air, since its first operation or last test on water pressure of its cylinder, this equipment has been maintained in accordance with approved maintenance program, and the pressure in any oxygen bottle has not exceeded the nominal pressure of oxygen bottle; (4) Each individual operating this equipment shall hold with the written evidence which is signed by the qualified doctor and states that this individual has the medical requirement for this equipment as well as the specific statement of maximum oxygen quantity and maximum oxygen flow required per hour under the pressure altitude relative to the pressure inside airplane cabin during normal flight. When all the carried passengers in one airplane are those who require with medical oxygen during flight (each individual may have one accompanying relative or other relevant individual at maximum) and medical staff, the medical oxygen carried in this airplane shall not be governed by this paragraph (a); (5) When it is required with doctor evidence as in (4) of (a) under this section, the total quantity of carried oxygen shall be the final result of maximum oxygen quantity required per hour as identified in doctor evidence multiplied by the hours required under this regulation for the computation of airplane fuel quantity; (6) The pilot in command shall be notified for the loading of this equipment on
27 board and for the scheduled operation on this equipment in the flight; (7) This equipment shall be properly placed, each person that operates this equipment shall be seated normally to prevent from any blockage on the access and operation with any required emergency exit, normal exit or path. (b) No person shall smoke within 3 meters(10 feet) from the oxygen storage equipment and dispenser that are required in (a) under this section. (c) Provided there are passengers on the airplane, certificate holder shall not allow any one to remove or engage the oxygen dispenser from the oxygen bottle that is full of oxygen. (d) The requirements under this section shall not be applicable for carrying with auxiliary oxygen, first-aid oxygen and relevant equipment required by this regulation.
28 Annex II Relative regulations of transportation of battery-powered wheelchairs I ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air edition, provision i) with the approval of the operator(s), wheelchairs or other battery-powered mobility aids with non-spillable batteries, as checked baggage provided the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair of mobility aid; j) with the approval of the operator(s), wheelchairs or other battery-powered mobility aids with spillable batteries as checked baggage, provided that the wheelchair or mobility aid can be loaded, stowed, secured and unloaded always in an upright position and that the battery is disconnected, the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair or mobility aid. If the wheelchair or mobility aid cannot be loaded, stowed, secured and unloaded always in an upright position, the battery must be removed and the wheelchair or mobility aid may then be carried as checked baggage without restriction. The removed battery must be carried in strong, rigid packagings as follows: 1) these packagings must be leaktight, impervious to battery fluid and be protected against upset by securing them to pallets or by securing them in cargo compartments using appropriate means of securement (other than by bracing with freight or baggage) such as by use of restraining straps, brackets or holders; 2) batteries must be protected against short circuits, secured upright in these packagings and surrounded by compatible absorbent material sufficient to absorb their total liquid contents; and 3) these packagings must be marked Battery, wet, with wheelchair or Battery, wet, with mobility aid and be labeled with a Corrosive label (Figure 5-21) and with a package orientation label (Figure 5-25).
29 Figure 5-21 Figure 5-25 The pilot-in-command must be informed of the location of a wheelchair or mobility aid with an installed battery or the location of a packed battery. It is recommended that passengers make advance arrangements with each operator; also unless batteries are non-spillable they should be fitted, where feasible, with spill-resistant vent caps; ⅱ Labels The relative terms of ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air ( edition)and IATA s Dangerous Goods Regulations (48th edition 2007): Labels can be grouped in two parts, the left part label should be attached on the wheelchair, and the right part label should be attached on the battery. For non-spillable batteries, only the left part label should be attached. For spillable batteries, the two labels should be attached on the wheelchair and the removed battery respectively. The passenger s name, flight number, and destination should be indicated on the labels. The correct usage of the label can efficiently prevent the false recognition of the wheelchair. The figures of the battery-powered wheelchair labels are in reference of IATA s Dangerous Goods Regulations 48th edition 2007 (Figure 9.3.H)
30 Annex III The common assistive devices Category Mobility assistive devices Limbs impaired mobility aids crutch wheelchair artificial limb battery-powered wheelchair Serious limbs impaired assistive dogs Hearing impaired hearing aided devices electronic cochlea hearing aids hearing guided dogs vision guided dogs Vision impaired multiple function blind aided stick simple vision aids blind glasses
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