Notice of application for temporary exemption: Regional Express

See now submissions in response including revised application (MS Word) ; and decision

The Human Rights and Equal Opportunity Commission has received an application (attached in MS Word format) from Regional express airlines (Rex) requesting exemption from sections 23 and 24 of the Disability Discrimination Act so far as to permit Rex placing

certain restrictions and requirements on the carriage of passengers with specific disabilities on its SAAB aircraft.

Rex argue that these restrictions are justified having regard to

• Aircraft operational and performance limitations
• OH&S concerns for the crew.
• Equipment being operating around the aircraft.
• The dignity and comfort of disabled passengers .

Rex indicate willingness to report on measures during the exemption to reduce the level of restriction required.

Restrictions proposed by Rex

• If a passenger using a wheelchair cannot assist him/herself to move between their own wheelchair and the Rex aisle chair and between the aisle wheel chair and the aircraft seat, a Passenger Facilitator (provided by the passenger) is required to attend both the departure and destination airport to assist with moving the wheelchair passenger between their wheelchair and the aisle chair and between aisle wheelchair and the aircraft seat. This facilitator is not required to travel with the passenger and there is no additional financial burden on the passenger.
• If the passenger is unable to understand and follow safety directions (written or verbal), is unable to don a life vest, requires the application of medication in flight, or requires assistance to the toilet or to eat, a companion is required to travel with the passenger. If the passenger's only restriction is the inability to eat or drink unaided, a companion is not required if the passenger elects to forgo catering during booking.
• To help with the cost of this requirement Rex will provide the lowest fare applicable to the flight, regardless of availability of that fare, for the companion.
• Passengers using wheelchairs must check-in no later than 45 minutes prior to the scheduled departure time at regional airports and 60 minutes prior to the scheduled departure time at capital city airports to allow sufficient time to prepare the wheel chair for carriage and to board the passenger without unduly delaying the flight.
• Passengers with electric wheelchairs must either disable their own electric chair or supervise Rex staff in disabling and re-activating the electric wheelchair after transfer to the aisle chair.
•   All flight bookings must be made with the Rex Customer Contact Centre to ensure that all special requirements are notified to the airline. The weight of the chair will have to be notified to Rex during booking. No extra charge is applicable to this service. Bookings for disabled persons cannot be made on the Rex website.
• Wheelchairs must not weigh more than 64Kg, except that with prior approval, wheelchairs in excess of 64 kg but not exceeding 140 kg may be carried at ports where specialist lifting equipment is provided.
• Passengers using wheelchairs will be required to book at least two days in advance of the flight to enable Rex to make all the necessary preparations.
• Rex will limit the number of wheelchair bound passengers to 2 per flight and will carry only one chair weighing in excess of 64 Kg per flight.
• If approval is obtained to carry chairs in excess of 64 Kg an excess baggage fee will apply.
• A limit of one chair per disabled passenger will be carried free of charge. Additional chairs will be charged at the normal excess baggage rates with the normal excess baggage restrictions.
• Passengers who are unable to understand instructions from the Flight Crew or Flight Attendant in an emergency due to intellectual disability are required to travel with a companion

• Rex will not carry a passenger with a prescribed contagious disease unless a notification is provided from a doctor stating that the person is fit to fly and poses no danger of infecting the crew or other passengers in the aircraft.

Request for submissions

In accordance with its policy on exemption applications, the Commission seeks to give interested parties an opportunity to participate in the process of considering this application.

Accordingly, the Commission seeks submissions by 5 December 2007, preferably by email to disabdis@humanrights.gov.au .

Submissions may also be addressed by mail to Disability Rights Unit, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney 2001.

To promote open public discussion and exchange of views, the Commission intends to posting submissions made electronically on its Internet site. Any requests for material to be treated as confidential should be clearly indicated.

David Mason

Director Disability Rights policy, HREOC

23 October 2007