One Person, One Fare Policy
Attendants For Disabled Persons Will Fly Free In Canada
The Canadian Transportation Agency rules that severely disabled persons may fly with a personal care attendant at no extra charge. Obese persons may have extra room.
Canadian Transportation Agency Makes Landmark Ruling
The Canadian Transportation Agency (CTA) has decided that the Canadian airlines must allow disabled passengers to bring an attendant with them at no additional charge when they fly in Canada.
WestJet, Air Canada, and Air Canada Jazz have a year from the January 10, 2008 ruling to implement it.
Free Fare for Necessary Personal Attendants for Severely Disabled Persons
Once the new rules are in effect, the affected airlines will be required to let severely disabled persons bring an attendant with them at no extra charge, specifically for assistance during the flight.
The decision about the need for an attendant is critical to the policy. The airlines will have to come up with suitable ways of deciding who is entitled to the free attendant fare. What the CTA's ruling says is that the attendant has to be necessary during the flight.
There is no free fare where the disabled person wants company for personal reasons, nor where the disabled passenter requires a personal care attendant on the ground at the destination but not in-flight.
Extra Room for Obese Passengers
The Canadian Transportation Agency's ruling also says the airlines must not charge more than one fare per person for passengers who require additional seating for themselves. This part of the ruling is not limited to obese passengers, but it specifically includes them.
The ruling says the obese person has to be functionally disabled by their obesity. This is something the airlines will have to determine. The CTA pointed to SouthWest Airlines' rule of thumb: if the passenger cannot lower the armrests, they may require additional seating.
Implementation of the One Passenger, One Seat Policy
The CTA has suggested that the airlines co-operate to come up with a common way of implementing the policy, and has offered its services to facilitate the process.
Heroes of the Appeal
This ruling comes after a long process that started in 2002. The case was brought by Joanne Neubauer of Victoria, the late Eric Norman of Gander, and the Council of Canadians with Disabilities. Linda McKay-Panos of Calgary was given intervenor status. In an earlier court case, the Federal Court of Appeal found that Ms. McKay-Panos was a person with a disability as the result of obesity, for the purpose of airline travel.
The respondents in this case were Air Canada, Air Canada Jazz, and Gander International Airport.
The Agency said that making air travel more accessible would not cause undue financial hardship to the carriers.
Copyright Jill Browne.
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