Eckert Seamans Chenn & Mellott, LLC FEL 202 659 6600 

1747 Pennsylvania Avenue, NW F/SX 202 659 6699 

Suite 1200 '.vvvw Hrkert'e.-irn.jns.iXjm 

Washington, D.C. 20006 

Evelyn D. Sahr 

Direct dial: 202.659.6622 

Email: eshar@eckeTtseamans.coni 

November 17, 2009 ^^^ 

VIA FEDERAL EXPRESS . ^ 

U.S. Department of Transportation ' 1 

Office of the Secretary of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Attention: Robert Ashby 

Re: Air Pacific Limited Request for Conflict of Law Waiver Determination 

Dear Mr. Ashby, 

On behalf of Air Pacific Limited ("Air Pacific"), we are writing in response to the Department's 

October 20, 2009 letter (see Exhibit l)regarding Air Pacific's September 11, 2008 request for a 

conflict of law waiver under section 382.9 of the Department's Air Carrier Access Act 

regulation, 14 CFR Part 382. (See Exhibit 2.) Pursuant to a telephone conference with Kathleen 

Blank Reither, Senior Attorney, an extension of time until November 20, 2009 to provide the 

documents requested in the Department's October 20, 2009 was granted. (See Exhibit 3.) 

Accordingly, this response is timely filed. 

The Department's October 20, 2009 letter requested a copy of the Civil Aviation Authority of 

Fiji Islands ("CAAFI") regulations which conflict with 14 CFR Part 382 as well a copies of the 

sections of Air Pacific's Airport Handling Manual and Air Operator's Certificate implementing 

the conflicting CAAFI regulations. The sections of Air Pacific's Airport Handling Manual 

implementing the conflicting CAAFI regulations were previously submitted with the September 

11, 2008 request for conflict of law waiver. (See Exhibit 2.) While paragraph B19 of Air 

Pacific's Air Operator's Certificate was previously submitted with the September 11, 2008 

request for conflict of law waiver, paragraphs A4 and A5 of the Air Operator's Certificate, which 

are discussed below, were not previously submitted. (Paragraphs A4 and A5 are attached hereto 

as Exhibit 4.) 

Regulation 34 of the CAAFI regulations is attached hereto for the first time. (See Exhibit 5 

attached.) Regulation 34 specifically states that upon issuance of the Air Operator's Certificate 

of Competency, "the certificate may be granted subject to such conditions as the Authority 

[CAAFI] thinks fit...." (See Regulation 34(2) at Exhibit 5.) Furthermore, "the operator shall 

comply with Air Operator's Certificate of Competency standards notified by the Authority 

[CAAFI]...." (See Regulation 34(5) at Exhibit 5, emphasis added.) Therefore, Air Pacific is 

required by law to comply with the conditions contained in its Air Operator's Certificate of 

Competency. 

WASHiNi , roM , DC p I r r s B u ,! • i H , f'A H AR R I s B u R ;"]. i'•\ p H IL .\ D f I p iM A , :' \ I'.osron , MA /V M M I rj (-, r O fJ , DE 

^'^ '") R '", .\ :i r O 'W U , W V '> O 11 I M P r) I M r [ p .\ ,v 11 i i t p i ,-, i ;j 5 , : j y 
Air Pacific Limited 

November 17, 2009 

Paragraph B19 of Air Pacific's Air Operator's Certificate of Competency specifically discusses 

the procedures Air Pacific must follow in transporting service animal in the aircraft cabin. (See 

Exhibit 2.) Air Pacific is required by law to comply with these procedures. Subparagraph 1 of 

Paragraph B19 of the Air Operator's Certificate of Competency states, "[t]he animal must be 

carried in accordance with the documented company procedures." (See Exhibit 2, emphasis 

added.) Thus, the provisions of Air Pacific's Airport Handling Manual regarding the 

transportation of service animals must be followed as a matter of law. Any deviation from the 

procedures and requirements in the Airport Handling Manual would constitute a legal breach of 

Air Pacific's Air Operator's Certificate. 

Air Pacific's Air Operator's Certificate also requires that Air Pacific "shall fiimish the Controller 

Air Safety of the Civil Aviation Authority of the Fiji Islands a copy of every operations manual, 

training manual and of all other written instructions to his operating staff, for the time being in 

effect concerning the operation of the aircraft under this certification." (See Exhibit 5; paragraph 

A4.) Furthermore, "[e]very flight under this certificate shall be conducted in accordance with the 

relevant provisions of the aforesaid operations manual, training manual, and instructions." (See 

Exhibit 5; paragraph A5.) Accordingly, Air Pacific must follow its Airport Handling Manual, 

including the provisions in Section 10.2.6 regarding seating for passengers with disabilities, 

Section 10.2.2.3 regarding advance notice from passengers with disabilities, and Section 10.2.2.5 

regarding indemnity clearance for passengers with disabilities. These provisions were discussed 

in detail in Air Pacific's September 11, 2008 request for a conflict of law waiver. (See Exhibit 

2.) 

In conclusion, the CAAFI regulations legally require Air Pacific to comply with the conditions 

of its Air Operators Certificate and its Airport Handling Manual. Non-compliance will result in 

Air Pacific's Air Operators Certificate being suspended or revoked. Accordingly, Air Pacific 

appreciates your carefiil consideration of its September 11, 2008 conflict of laws waiver request. 

Should you have any further questions regarding Air Pacific's operations, please do not hesitate 

to contact us. 

Respectfiilly submitted, 

Evelyn D. Sahr 

Jennifer L. Andrews 

Counsel for Air Pacific Limited 

Enclosures 
e 

U.S. Department 

of Transportation 

Office of the Secretary 

of Transportatiorr 

GENERAL COUNSEL 

October 20,2009 

1200 New Jersey Avenue, SE 

Washington, DC 20S90 

Certified Mail - Return Receipt Requested 

Ms. Evelyn D. Sahr 

Ms. Jennifer L. Andrews 

Attorneys for Air Pacific Limited 

Eckert Seamans Cherin & Mellott, LLC 

1747 Pennsylvania Avenue, N.W., Suite 1200 

Washington, D.C. 20006 

Re: Conflict of Law Waiver Determination 

Request Concerning Provisions of 

14 CFR 382.117 

Dear Ms. Sahr and Ms. Andrews: 

This letter concerns Air Pacific Limited's (Air Pacific) September 11, 2008, request for a conflict 

of law waiver under section 382.9 of the Department of Transportation's (Department) Air 

Caixier Access Act (ACAA) regulation, 14 CFR Part 382. The provisions of Part 382 for which 

relief is requested pertain to the accommodation of service animals accompanying passengers 

with disabilities in section 382.117. In addition, while Air Pacific does not cite the specific Part 

382 provisions involved, the carrier requests relief from Part 382 requirements concerning 

seating accommodations, medical documentation, and advance notice as they relate to 

passengers with disabilities accompanied by service animals (i.e., sections 382.81(c), 382.23, and 

382.27, respectively). The Department is continuing to review Air Pacific's requests concerning 

various other provisions of Part 382. At this time, we are neither granting nor denying Air 

Pacific's conflict of law waiver request from the provisions of section 382.117 or from the 

provisions of sections 382.81(c), 382,23, and 382.27, as they relate to passengers traveling with 

service animals, pending the carrier's response to our request for fiirther information as outlined 

below. 

Section 382.9 states that a foreign air carrier may request a conflict of law waiver from the 

Department if the carrier believes that a provision of the law of a foreign nation precludes the 

carrier from complying with a provision of Part 382. Air Pacific asserts that it is legally 

obligated to comply with the safety requirements of the Civil Aviation Authority of the Fiji 

Islands (CAAFI) dealing with the accommodation of service animals implemented in its Airport 

Handling Manual (AHM) and in its Air Operators Certificate (AOC). The carrier fiirther asserts 

that a number of the CAAFI safety requirements directly conflict with various provisions of Part 

382. Specifically, Air Pacific contends that in order to retain its blanket approval from CAAFI to 

transport service animals in the passenger cabin, passengers traveling with a service animal/dog 

are required to provide animal health and training certifications, a doctor's report, and at least 
seven days advance notice in accordance with its AHM.' In addition. Air Pacific maintains that 

its AHM implements CAAFI requirements on seating accommodations for passengers with 

service animals^ as well as restraint and other conditions on a service animal's transport in the 

cabin^ that conflict with Part 382. Under section 382.117, carriers generally must permit service 

dogs to accompany passengers in the aircraft cabin without requiring documentation of the dog's 

health or training status as a condition for transport.^ Likewise while carriers are permitted under 

section 382.117(e) to require documentation of a passenger's disability as a condition for 

accepting an emotional support or psychiatric service dog, they generally must not require 

passengers with a disability traveling with other types of service animals to provide 

documentation concerning their disability as a condition for air transportation. In addition, 

carriers are generally prohibited under section 382.27 from requiring a passenger with a 

disability fraveling with a service animal to provide advance notice except under circumstances 

defined in that section.^ Carriers must also provide a passenger with a disability traveling with a 

service animal either a bulkhead seat or a seat other than a bulkhead seat, as the passenger 

requests, under section 382.81(c). Finally, under section 382.117(b) carriers must permit a 

service animal to accompany a passenger with a disability in any seat in which the passenger sits 

unless the animal obstructs an aisle or other area used to facilitate an emergency evacuation. The 

Enforcement Office has long interpreted this provision to mean that in general carriers must not 

require restraints (e.g., harness and leash, muzzle, confinement in an animal carrier) on service 

animals accompanying users at their seats.^ 

' Section 9.10.2, pars^raphs 1, 2, 3 and S of the AHM requite the passenger to make available to the cairier at the 

time of booking a quarantine permit, a veterinary certification and immunization records as required by coimtries of 

entry, certificates from bona-fide State or Dog/Animal Training Association confirming that the service 

anitnals/dogs are appropriately trained and qualified, and a doctor's report on the customer's disability condition. 

^ Section 9.10.3 of the AHM requires that service animals/dogs occupy the floor space in front of a window seat in 

the last row of either the Business or Economy Class cabin, depending on the passenger's class of service, with the 

adjacent seat occupied by the person with a disability. 

^ Section 9.10.3 of the AHM requires that service animals/dogs be seated on a moisture absorbent mat (passenger 

must provide one mat for each flight segment), muzzled, harnessed and restrained by tying the leash to an aircraft 

fixture. 

* Section 382.117 generally requires carriers to permit a service animal to accompany a person with a disability in 

the aircraft cabin and exempts foreign carriers from the requirement to transport service animals other than dogs. It 

defines the factors a carrier must consider in determining its obligation to accept an animal as a service animal for 

transport and specifies the conditions carriers may impose on the transport of service animals. 

^ Carriers are permitted to require passengers to provide up to 48 hours' advance notice to transport an emotional 

support or psychiatric service animal in the cabin, or to travel on flight segments scheduled to take 8 hours or more 

under sections 382.27(c)(8) and 382.27(c)(9) respectively. 

^ In order to adequately assist passengers with certain types of disabilities (e.g., seizures, diabetes, deafiiess, 

psychiatric or mental disorder), it may be necessary for the service animal to remain in physical contact with the 

individual throughout the flight. For example, a passenger using a small seizure alert or a diabetic alert animal will 

typically hold the animal in his or her lap during the flight (e.g., as one would hold an infant or small child), so that 

the animal can detect and alert the passenger to physical symptoms. Likewise, a small emotional support animal 

may be held in the lap of its user to assist the individual in managing his or her symptoms (e.g., licking or nuzzling a 

passenger with panic disorder to help him or her remain calm). The Enforcement Office, therefore, has long 

interpreted the intent of section 382.117(b) as requiring carriers to permit service animals to be transported free of 

T-'.". •"•. n .-T.TJPj ;r ^Vf^T^'H'i^f^ 
Although Air Pacific has asserted the foregoing conflicts between provisions of its AHM and 

AOC and Part 382, the carrier has not cited or provided any specific CAAFI regulations as the 

basis of this conflict of laws waiver request. Under section 382.9(c), a conflict of law waiver 

must include: 1) a copy in English of the foreign law involved; 2) a description of how the 

foreign law applies and how it precludes compliance with a provision of Part 382; and 3) a 

description of the alternative means the carrier will use, if the waiver is granted, to effectively 

achieve the objective of the provision subject to the waiver or a justification of why it would be 

impossible to achieve this objective in any other way. As Air Pacific has failed to satisfy the 

elements of a conflict of law waiver request specified in section 382.9(c), we are unable to make 

a determination on its conflict of law waiver request from sections 382.117, 382.23, 382.27, and 

382.81. In order for the Department to make a determination. Air Pacific must send the 

information outlined above. In addition, we request that Air Pacific include a copy of the 

sections of its Airport Handling Manual and Air Operators Certificate implementing the 

allegedly conflicting CAAFI regulations. We ask that you respond with the requested 

information within 15 days of the date of this letter. 

If you have any questions about this matter, please contact Robert Ashby at (202) 366-4723 or 

me at (202) 366-9342. You may also reach us by fax at (202) 366-7152. 

Sincerely, 

• Samuel Todbercgky 

Assistant General Coimsel for 

Aviation Enforcement and Proceedings 

r^sU-aining devices while accompanying users at their seats unless needed to mitigate a significant threat to the 

health or safety of other passengers or a significant disruption of cabin service. 

^•^v^»4J)tlfjJ'll.lr"^•"^r^^;'^'g^^*''"lS^^-'•; \^^9'^^^-^fH'-^T. * "^jt^T'Ts-'^T^T -v^. f*i -J?.; WW5*'?' T ^ r? 'r^i ti-.^KT-nr^t nmw^>^rtv - wre n 
Eckert Seamans Cherin & Mellott, LLC 

1747 Pennsylvania Avenue, NW 

Suite 1200 

Washington, DC. 20006 

TEL 202 659 6600 

FAX 202 659 6699 

w/ww.eckertseamans.com 

September 11,2008 

Assistant General Counsel 

Aviation Enforcement and Proceedings 

C-70 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W96-322 

Washington, DC 20590 

Re: Conflict of Laws Waiver Request 

Dear Sirs: 

Pursuant to 14 C.F.R. §382.9 (2008), Air Pacific Limited ("Air Pacific") respectfully submits 

this request for a conflict of laws waiver from various provisions of Part 382, Nondiscrimination 

on the Basis of Disability in Air Travel (hereinafter referred to as Part 382). Air Pacific is Fiji's 

international airline and is governed by the Civil Aviation Authority of the Fiji Islands 

("CAAFI"). Fiji is a member of the International Civil Aviation Organization ("ICAO"), and as 

such is required to adhere to Standards and Recommended Practices ("SARPs") established by 

ICAO; In particular. Air Pacific, as a carrier of Fiji, is required to comply with the Annex 9: 

Facilitation to the Convention on International Civil Aviation (Chicago, 1944). (Attached hereto 

as Exhibit A.) In compliance with Annex 9, Air Pacific has implemented its Airport Handling 

Manual. (Relevant portions attached hereto as Exhibit B which is clearly marked and should be 

treated as Confidential Business Information.) Air Pacific takes seriously its obligation to 

provide access to air travel to passengers with disabilities under Part 382, however. Air Pacific is 

legally obligated to comply with the CAAFI safety standards and requirements it has 

implemented in its Airport Handling Manual as well as its CAAFI-issued Air Operators 

Certificate ("AOC") (Relevant Portions attached hereto as Exhibit C which is clearly marked and 

should be treated as Confidential Business Information) which at times conflict with certain 

provisions of Part 382. Therefore, Air Pacific respectfully requests your careful consideration of 

the conflicts of laws identified herein. 

I) 14 C.F.R. §382.117: Must carriers permit passengers with a disability to travel with 

service animals? 

Generally, under 14 C.F.R. §382.117, Air Pacific is required to permit service dogs in the 

passenger cabin without advanced notice or documentation as to the training or health of the dog 

or the passenger's disability. These requirements conflict with the CAAFI policy and 

requirements on the transportation of service animals in the aircraft passenger cabin. Air Pacific 

WASHINGTON , DC PITTSBURGH , PA HARRISBURG , PA PHILADELPHIA , PA 

MORGANTOWN , WV 50UTHP0INTE , PA 

BOSTON , M A 

WHITE PLAINS, NY 

WILMINGTON , DE 
I^^l NS 

requires that passengers travelling with a service dog provide at least seven (7) days advanced 

notice and provide the following documentation, so that CAAFI gives blanket approval of the 

transport of the service dog in the passenger cabin: 

1. Quarantine Permit(s) permitting/authorising the Service Animals/Dogs entry 

into the countries intended where travel is onboard Air Pacific. It is the 

responsibility of the owner to obtain relevant Quarantine Permit(s) and any other 

certification as required directly with the appropriate Authorities. 

2. Vet Certification and Immunisation records as required by countries of entry. 

3. Certificates from bona-fide State or Dog/Animal Training Association 

confirming that the Service Animals/Dogs is appropriately trained and 

quidified.... 

5. Doctor's report on customer's disability condition. 

Application for travel is on the basis that Service Animals/Dogs is accompanied 

by the person with disability and the ultimate authority rests with CAAFI as per 

the conditions of Air Pacific's Fiji AOC. {See Paragraph B19 of AOC at Exhibit 

c.) 

(See Section 9.10.2 of Airport Handling Manual at Exhibit B. Note that paragraph 4 of Section 

9.10.2 is being deleted from the Airport Handling Manual, and therefore, Air Pacific respectfully 

requests that DOT not consider the provisions therein.) Accordingly, Air Pacific is obligated by 

CAAFI to require passengers to provide documentation regarding their disability condition, the 

health and training of the service animal in order to verify that the animal is a service animal 

rather than a pet. To the extent these requirements conflict with Part 382, Air Pacific 

respectfully requests a conflicts of laws waiver. 

Air Pacific must also comply with CAAFI requirements on seating passenger and his/her service 

animal. On Air Pacific flights, the window seat in the last row of the business and economy 

class cabins (Air Pacific does not have first class cabins) are allocated to the service animals, so 

it can occupy the floor space of the allocated seat. The adjacent seat shall be occupied by the 

person with the disability. Additionally, CAAFI and Air Pacific require the following measures: 

Service Animals/Dogs must be seated on a moisture absorbent mat, muzzled, 

harnessed and restrained by tying the leash to an aircraft fixture e.g. leg of aircraft 

seat. The customer will provide on absorbent mat for each flown sector. 

CAAFI may have other specific requirements and these must be complied with 

and adhered to prior to acceptance for uplift. 

Airport ground staff must ensure all relevant certification documents are sighted 

and in order during the check-in process. 

WASHINGTON , DC PITTSBURGH , PA HARRISBURG , PA PHILADELPHIA , PA BOSTON , M A WILMINGTON , DE 

MORGANTOWN , WV SOUTH p3lNTE , PA WHITE PLAINS , NY 
MMNS 

Uplift shall be denied should any of the above or CAAFI's condition are not met. 

(See Section 9.10.3 of Airport Handling Manual at Exhibit B.) Thus, to provide maximum space 

for a passenger travelling with a service dog. Air Pacific reserves a seat for the passenger and the 

service dog. Additionally, due to the long haul nature of Air Pacific's flights from Fiji to the 

U.S., Air Pacific requires that service dogs are properly and safely secured and sit on a moisture 

absorbent mat, so that they do not relieve themselves on the aircraft carpeting or fabric. To the 

extent these requirements conflict with Part 382, Air Pacific respectfiilly requests a conflicts of 

laws waiver. 

2) 14 C.F.R. §382.87; What other requirements pertain to seating for passengers with 

a disability? 

14 C.F.R. §382.87 prohibits Air Pacific from excluding any passenger with a disability from any 

seat or requiring that a passenger with a disability sit in any particular seat, on the basis of 

disability, except to comply with applicable government safety requirements. Air Pacific's 

policy on seating passengers with disabilities is focused on safety: 

Seating of passengers with disabilities will not be restricted only to seats with 

Lift-up Arm Rests unless otherwise stated. 

Passengers with disabilities will not be permitted seats in designated emergency 

exit rows on any aircraft or on the upper-deck of the B747 aircraft. 

It is recommended that passengers with disabilities sit on forward seats as 

possible behind bassinet rows. Where space allows, seats beside passengers 

[shall] be blocked off for use so [an] empty seat is available for use by crew when 

liasing/handling passenger. Where multiple passengers are travelling, it is 

recommended that they are seated together when possible.... 

Passenger with vision and/or hearing impairment travelling with a 

reader/attendant may be seated on any seat except on emergency exit rows. 

(See Section 10.2.6 of Airport Handling Manual at Exhibit B.) Thus, for safety reasons, 

passengers with disabilities are not permitted to sit in exit rows or on upper-decks of aircraft. Air 

Pacific respectfully submits that the above legal mandates are similar to the FAA requirement 

that United States carriers must follow requiring the carrier to reasonably determine if a 

passenger with a disability has the physical and mental capabilities to sit in a particular seat, 

specifically in an exit row seat. Accordingly, Air Pacific respectfiilly requests a waiver from the 

provisions of 14 C.F.R. §382.87. 

3) 14 C.F.R. §382.25: May a carrier require a passenger with a disability to provide 

advance notice that he or she is traveling on a flight? 

14 C.F.R. §382.25 prohibits Air Pacific, except in those limited circumstances listed in 14 C.F.R 

§382.27, from requiring advance notice from passengers with a disability. However, due to the 

WASHINGTON , DC PITTSBURGH , PA HARRISBURG , PA PHILADELPHIA , PA BOSTON , M A WILMINGTON , DE 

MORGANTOWN , WV SOUTHp3lNTE , PA WHITE PLAINS, NY 
o 

long-haul nature of Air Pacific's flights from Fiji to the U.S., Air Pacific requires passengers id-^--

with disabilities provide a minimum of 48 hours advance notice and to check-in one hour in 

advance of the check-in time for the general public. This advance notice and early check-in 

time, provide the Air Pacific staff with valuable time to prepare to address the needs of a 

passenger with a disability. Thus, Air Pacific respectfully requests a conflict of laws waiver 

from 14 C.F.R. §382.25. 

4) 14 C.F.R. §382.35; May carriers require passengers with a disability to sign waivers 

or releases? 

Generally, 14 C.F.R. §382.35 prohibits Air Pacific from requiring passengers with disabilities to 

sign a release or waiver in order to receive transportation or to receive services or 

accommodations for a disability. This prohibition conflicts with Air Pacific's medical safety 

measures in which it may request "an indemnity clearance if travel involves any human, hazard .; 

or safety risk to the person or other persons (including pregnant passengers)." (See Section ^, ; ' 

10.2.2.5 of Airport Handling Manual at Exhibit B.) Due to the long haul nature of Air Pacific's 

flight from Fiji to the U.S., and the extremely limited number of opportunities for diversion as 

the routes are entirely over the Pacific Ocean, Air Pacific staff must carefully evaluate a 

passenger's health condition. If a passenger's condition is severe enough to cause Air Pacific 

staff concern over the passenger's health despite the presentation of a medical certificate. Air 

Pacific respectfully requests that it be able to continue to exercise its discretion in requiring 

passengers to sign an indemnity clearance. Accordingly, Air Pacific respectfully requests a 

waiver from the provisions of 14 C.F.R. §382.35. 

Conclusion 

As discussed above, the provisions of Part 382 and the CAAFI mandated safety requirements 

implemented in the Airport Handling Manual apply conflicting requirements to the same flights. 

As a carrier certified by the CAAFI, Air Pacific is legally required to comply with CAAFI's 

safety regulations or it will face non-compliance, which may negatively impact its AOC. 

Accordingly, Air Pacific appreciates your careful consideration of the above requests for 

conflicts of laws waivers. Should you have any questions regarding Air Pacific's operations. Air 

Pacific will gladly provide clarification. 

Respectfully submitted, 

Evelyn D. Sahr 

Jennifer L. Andrews 

Counsel for Air Pacific Limited 

WASHINGTON . DC PITTSBURGH , PA HARRISBURG , PA PHILADELPHIA , PA BOSTON , M A WILMINGTON , DE 

MORGANTOWN , WV S0UTHp4lNTE , PA WHITE PLAINS, NY 
EXHIBIT A 
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ICAO Standards & Recommended Practices 

15 Sep 2005 15:09:08 

Fiji Is a member of the International Civil Aviation Organisation (ICAO) 

and as such Is required to adhere to Standards and Recommended 

Praaices (SARPs) set up by tliis world body. These standards apply 

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A Standard is a specification recognised as necessary for the safety or 

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A Recommended Practice is a specification recognised as desirable in 

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The Annexes can be divided into five groups covering man, machine, 

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,OAC/<, 

Internatlonai Standards and 

Recommended Practices 

Annex 9 

to the Convention on 

International Civil Aviation 

Facilitation 

Tills edition incorporates all amendnnents 

adopted by the Council prior to 8 March 2005 

and supersedes, on 24 November 2005, all 

previous editions of Annex 9.. 

For information regarding the applicability 

of the Standards and Recommended Practices, 

see Foreword. 

Twelfth Edition 

July 2005 

International Civil Aviation Organization 
Chapter 8 Annex 9 — Facilitation 

circumstances, between civil aviation security and facilitation 

programmes. To this end, certain members of Facilitation 

Committees should also be members of Security Committees. 

8.21 Recommended Practice.— In establishing and 

operating National Air Transport and Airport Facilitation 

Committees, States should use the guidance material outlined 

in Appendices It and 12. 

G. Facilitation of the transport of 

passengers requiring special assistance 

I. General 

8.22 Recommended Practice.— When travelling, persons 

with disabilities should be provided with special assistance in 

order to ensure that they receive services customarily available 

to the general public. Such assistance includes the offering of 

information and directions in media that can be understood by 

travellers with cognitive or sensory disabilities. 

8.23 Recommended Practice.— Contracting States 

should cooperate with a view to taking the necessary measures 

to make accessible to persons with disabilities all the elements 

of the chain of the person's journey, from beginning to end. 

8.24 Recommended Practice.— Contracting States 

should take the necessary steps with aircraft operators, 

airports and ground handling operators to establish minimum 

uniform standards of accessibility with respect to transportation services for persons with disabilities, from arrival at the 

airport of departure to leaving the airport of destination. 

8.25 Recommended Practice.— Contracting States 

should take the necessary steps with aircraft operators, 

airports, ground handling operators and travel agencies to 

ensure that persons with disabilities are given the information 

they need and should take the necessary steps to ensure that 

airlines, airports, ground handling operators and travel 

agencies are in a position to give those passengers the assistance necessary for them, depending on their needs, to help 

them in their travel. 

8.26 Recommended Practice.— Contracting States 

should take all necessary steps to secure the cooperation of 

aircraft operators, airports and ground handling operators in 

order to establish and coordinate training programmes to 

ensure that trained personnel are available to assist persons 

with disabilities. 

II. Access to airports 

8.27 Contracting States shall take the necessary steps to 

ensure that airport facilities and services are adapted to the 

needs of persons with disabilities. 

8.28 Recommended Practice.— Contracting States 

should ensure that lifting systems or any other appropriate 

devices are made available in order to facilitate the movement 

of elderly and disabled passengers between the aircraft and 

the terminal on both arrival and departure as required where 

telescopic passageways are not used. 

8.29 Recommended Practice.— Measures should be 

taken to ensure that the hearing- and vision-impaired are able 

to obtain flight information. 

8.30 Recommended Practice.— For elderly and disabled 

persons being set down or picked up at a terminal building, 

reserved points should be located as close as possible to main 

entrances. To facilitate movement to the various areas of the 

airport, access routes should be free of obstacles. 

8.31 Recommended Practice.— Where access to public 

services is limited, every effort should be made to provide 

accessible and reasonably priced ground transportation 

services by adapting current and planned public transit systems or by providing special transport services for people with 

mobility needs. 

8.32 Recommended Practice.— Adequate parking 

facilities should be provided for people with mobility needs 

and appropriate measures taken to facilitate their movement 

between parking areas aruL the terminal buildings. 

8.33 Recommended Practice.— Direct transfer from 

one aircraft to another of passengers, particularly elderly and 

disabled passengers, should be authorized where necessary 

and possible, whenever this is warranted by deadlines in 

making connecting flights or by other circumstances. 

HI. Access to air services 

8.34 Contracting States shall taice the necessary steps to 

ensure that persons with disabilities have adequate access to 

air services. 

8.35 Recommended Practice.— Contracting States 

should introduce provisions by which aircraft coming newly 

into service or after major refurbishment should conform to 

minimum uniform standards of accessibility with respect to 

equipment on board aircraft which would include movable 

armrests, on-board wheelchairs, lavatories and suitable lighting and signs. 

8.36 Recommended Practice.— Wheelchairs, special 

apparatus and equipment required by persons with disabilities 

should be carried free of charge in the cabin where, in the 

view of the aircraft operator, space and safety requirements 

permit or should be designated as priority baggage. Service 

animals accompanying passengers with disabilities should 

also be carried free of charge in the cabin, subject to the 

application of any relevant national or aircraft operator 

regulations. 

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Annex 9 — Facilitation 

8.37 Recommended Practice.— In principle, persons 

with disabilities should be permitted to determine whether or 

not they need an escort and to travel without the requirement 

for a medical clearance. However, advance notice should be 

mandatory where assistance or lifiing is required. Aircraft 

operators should only be permitted to require passengers with 

disabilities to obtain a medical clearance in cases of medical 

condition where it is clear that their safety or well-being or 

that of other passengers cannot be guaranteed Furthermore, 

aircraft operators should only be permitted to require an 

escort when it is clear that a person with disabilities is not 

self-reliant and, as such, the safety or well-being of that 

person or that of another passenger cannot be guaranteed. 

8.38 Recommended Practice.— If the presence of an 

escort is required Contracting States should encourage 

aircraft operators to offer discounts for the carriage of that 

accompanying person. 

H. Assistance to aircraft accident victims 

and their families 

8.39 The State of Occurrence of an aircraft accident and 

adjacent States shall make arrangements to facilitate the entry 

into their territory on a temporary basis of family members of 

victims of an aircraft accident. 

8.40 The State of Occurrence and adjacent States shall 

also make arrangements to facilitate the entry info their 

territory, on a temporary basis, of authorized representatives of 

Chapter 8 

the operator whose aircraft has met with the accident, or of the 

operator's alliance partner, in order to enable them to provide 

assistance to survivors and their family members, the family 

members of the deceased victims of the accident and the 

relevant authorities in these Stales. 

iWote.— Code-sharing and similar alliance agreements 

sometimes require alliance partners to act as "first responder " 

on behalf of an affected operator in case the alliance partner 

can get to the location of the accident quicker than the affected 

operator. 

8.41 Recommended Practice.— In arranging for the 

entry of the persons referred to in 8.39, the State of Occurrence and adjacent States should not require any other travel 

document than a passport, or an emergency travel document 

issued specifically to such persons, to enable them to travel to 

these States. In cases where the State of Occurrence of the 

accident or an adjacent State requires entrance visas for persons referred to in 8.39 and 8.40 above, it should expedite the 

issuance of such visas. 

8.42 Contracting States shall make arrangements to issue 

emergency travel documents, if required, to their nationals 

who have survived the accident. 

8.43 Contracting States shall extend all necessary assistance, such as arranging transport and clearing customs, in the 

repatriation of human remains to their countries of origin, on 

request by family members of the deceased or the operator 

whose aircraft met with the accident. 

24/n/OS 8-4