Gwendolen Gwynn-Morgan highlights new rights for disabled air passengers
Disabled air passengers' rights were extremely limited until 26 July 2008. This is the date when EC Regulation 1107/2006: Rights of Disabled Persons and Persons with Reduced Mobility when Travelling by Air came into force fully (although Arts 3 and 4 came into force in July 2007). As an EU Regulation, it is directly applicable and directly effective, horizontally and vertically, in all member states and our domestic legislation must be read in harmony with it (which might just lead to a more generous interpretation of the ambit of DDA 1995, Pt 3 in the field of aviation).
Helpfully, the law has clarified the lines of responsibility between airports and airlines, a crucial point, which was at the heart of Ross v Ryanair [2004] EWCA Civ 1751, All ER (D) 333 (Dec). Now the onus of helping a passenger from airport entrance to plane is placed with the airport authorities, as opposed to the airlines, which take over during the flight (Recital 6 of the EC Regulation).
