We have all claimed compensation for a delayed flight or train during our holidays and business trips. Although few of us can refer to the specific EU Regulation, we know that we have certain rights whenever we travel by plane, train, bus or ship.
The full list of rights can be found in the ‘Passenger Rights Regulations’ which are not only relevant for general passengers, but also for those with disabilities and reduced mobility (PRM). Some examples of PRM rights include:
- right to non-discrimination in transport services
- right to assistance
- right to accessible information (including in digital formats)
- right to compensation for mishandled mobility equipment
- right to travel with our assistance dogs at no extra cost
Over the years, persons with disabilities have greatly benefited from these rights, increasing certainty and confidence in transport. However, the rules are not perfect and existing gaps lead to discrimination against passengers with disabilities, especially in air travel.
For example, in air transport, passengers with disabilities still need to pre-notify their intention to travel 48h in advance, mishandled mobility equipment is not fully compensated and unclear safety considerations are used to deny one’s right to transport.
EDF’s Campaign and Legislative Proposals in 2023
In 2023, the European Disability Forum (EDF) launched a campaign to put the passenger rights of persons with disabilities at the centre of the agenda, anticipating the European Commission’s revision of existing rules. EDF participated in the public consultation, published reports, sent open letters to policymakers and met with Commission officials.
The process culminated in November 2023 when two new legislative proposals presented: a regulation on enforcement of passenger rights (amending all existing regulations) and new regulation on passenger rights in multimodal journeys. Despite some improvements, important issues remained unaddressed in the Commission new proposals (You can read EDF analysis of the two proposals here).
What happened in 2024?
Passenger Rights Proposals
The European Parliament and the Council of the EU have been analysing the texts proposed by the Commission in 2023. They need to prepare the position they will defend during the upcoming negotiations. To support in the process, EDF has prepared a list of amendments improve the provisions for passengers with disabilities and distributed them among relevant officials. EDF proposals include, among others:
- an ambitious revision of Regulation 1107/2006 to ensure full liability for mishandled mobility equipment,
- greater alignment with the European Accessibility Act,
- elimination of prenotification time to request assistance and expansion of the type of multimodal journeys PRM rights apply to.
However, it is up to the Parliament and the Council of the EU to include them.
Interpretative guidelines in air travel
To support implementation of existing rules in air travel, the European Commission published in July 2024 theinterpretative guidelines on Regulation 1107/2006 on the rights of persons with disabilities when traveling by air. In this document, the European Commission explains to airports, airlines, National Enforcement Bodies (NEBs), and passengers how to follow the rules. It covers providing accessible information, transporting mobility equipment, working with disability organisations, and the possible limitations on the transport of persons with disabilities. It is a valuable resource for understanding air travel rights and enforcement for passengers with disabilities.
Human Rights Report on Air Travel
EDF’s 9th Human Rights Report will be about access to air travel and the implementation of Regulation 1107/2006 by airlines, airports and public authorities. The report, set to be published in 2025, will assess the benefits and challenges faced by persons with disabilities, offering evidence and proposals for improvement to policymakers. If you want to contribute to our report and share your experiences and proposals with us, do not wait to participate in our dedicated survey in air travel.
All in all, despite all the developments, we still have to wait a bit to see if the negotiations on the passenger rights proposals lead to enhanced rights and protection for passengers with disabilities. There are some positive provisions in the proposed texts, but both the European Parliament and the Council of the EU will have to be ambitious if they want to make a real difference for passengers with disabilities.
More information
Daniel Casas, EDF Accessibility Officer