Two advocates are challenging in court new air travel rules that allow tarmac delays of nearly four hours, arguing the regulations violate the charter rights of some Canadians living with a disability.
Bob Brown, a disability rights advocate, says the long-awaited rules reduce by up to 2,000 kilometres the distance he can travel by air without putting his health at risk.
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91裸聊视频淚 am quadriplegic91裸聊视频y disability limits how long I can spend in an airline seat without experiencing severe pain, developing pressure sores or getting excessively dehydrated,91裸聊视频� Brown said in a release.
91裸聊视频淭he longer the airline can keep me on the tarmac, the shorter the duration and distance that I am able to travel safely.91裸聊视频�
Brown and passenger rights advocate Gabor Lukacs are asking the Federal Court of Appeal to hear their lawsuit against the Canadian Transportation Agency, arguing the rules violate equality rights, which prohibit discrimination based on physical disability.
The new regulations allow airlines to keep travellers on the tarmac for up to three hours 91裸聊视频� plus an extra 45 minutes if there is an 91裸聊视频渋mminent91裸聊视频� possibility a late plane will take off 91裸聊视频� twice the amount of time recommended by a Senate committee last year.
91裸聊视频淵ou just can91裸聊视频檛 get to the washroom, so you have to dehydrate yourself,91裸聊视频� Brown told The Canadian Press from Ottawa. 91裸聊视频淎 short trip like Toronto to Ottawa, you could handle that, but if you91裸聊视频檙e sitting out on the tarmac for another three hours and 45 minutes, that becomes another issue 91裸聊视频� you gotta go, you gotta go.91裸聊视频�
The first batch of regulations are expected to land in mid-July and will require airlines to help and compensate passengers languishing on tarmacs for hours. The issue came to the forefront after a 2017 incident in which two Montreal-bound Air Transat jets were diverted to Ottawa due to bad weather and held on the tarmac for up to six hours, leading some passengers to call 911 for rescue.
Announced by Transport Minister Marc Garneau last month, the new rules also narrow the definition of 91裸聊视频渄enial of boarding,91裸聊视频� under which passengers bumped from a flight can receive compensation from an airline.
Under the current rules, denial of boarding includes scenarios in which an airline unilaterally moves a passenger to a different flight or closes the check-in counter before the scheduled cut-off time. Those situations can fall outside the definition under the new regulations, contradicting the aim of passenger protection outlined in the Canada Transportation Act, Lukacs claimed.
91裸聊视频淚f 12 hours before the flight they change the ticket against your will, that won91裸聊视频檛 be denied boarding91裸聊视频� 91裸聊视频� unless the airline acknowledges the flight was overbooked, he said.
91裸聊视频淚 am profoundly troubled the government is taking away the rights of passengers under the guise of consumer protection legislation.91裸聊视频�
The rules impose no obligation on airlines to pay customers for delays or cancellations if they were caused by mechanical problems discovered in a pre-flight check 91裸聊视频� walking around the aircraft before takeoff looking for defects in the fuselage and flight control surfaces 91裸聊视频� rather than during scheduled maintenance 91裸聊视频� more thorough inspections required after 100 hours cumulatively in the air. AirHelp, a Berlin-based passenger-rights company, has said the number of issues categorized as outside an airline91裸聊视频檚 control amounts to a long list of ways to avoid compensating passengers.
Starting July 15, passengers will have to be compensated up to $2,400 if they are denied boarding because a flight was overbooked, and receive up to $2,100 for lost or damaged luggage. Compensation of up to $1,000 for delays and other payments for cancelled flights will take effect in December.
The Canadian Transportation Agency declined to comment, noting that the case is before the courts.
Christopher Reynolds, The Canadian Press
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