
In order to strengthen the management of air transport services for passengers with special needs, protect the air travel rights of passengers with special needs, and standardize the service guarantee process, the Civil Aviation Administration, on the basis of summarizing the working experience of passengers with special needs in recent years, drafted the Provisions on the Administration of Air Transport Services for Passengers with Special Needs (Draft for Comment), the full text of which is as follows:
Provisions on the Administration of Air Transport Services for Passengers with Special Needs (Draft for Comment)
Chapter I General Provisions
Article 1 [Legislative Purpose] In order to protect the air travel rights of passengers with special needs and standardize the service guarantee process, these Provisions are formulated in accordance with People’s Republic of China (PRC) Civil Aviation Law, People’s Republic of China (PRC) Disabled Persons Protection Law, People’s Republic of China (PRC) Barrier-free Environment Construction Law, People’s Republic of China (PRC) Elderly Rights Protection Law and other laws and administrative regulations.
Article 2 [Scope of Application] These Provisions shall apply to carriers, airport management agencies, ground service agents, aviation sales agents, aviation sales network platform operators and aviation information enterprises established in accordance with the laws of People’s Republic of China (PRC) to engage in air transport services for passengers with special needs.
These Provisions shall apply to foreign carriers, carriers from Hong Kong, Macao and Taiwan who engage in the activities specified in the preceding paragraph and whose flights originate or stop in People’s Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan, the same below).
Article 3 [Supervisory Duties] The Civil Aviation Administration of China (hereinafter referred to as CAAC) is responsible for the unified supervision and management of air transport services for passengers with special needs.
China Regional Civil Aviation Administration (hereinafter referred to as the Regional Civil Aviation Administration) is responsible for the supervision and administration of air transport services for passengers with special needs within its jurisdiction.
Article 4 Passengers with special needs have the same rights of freedom of movement and freedom of choice as ordinary passengers, and it is forbidden to discriminate against passengers with special needs during air transportation.
Article 5 [Service Commitment] Encourage and support carriers and airport management agencies to formulate service commitments for passengers with special needs that are higher than these provisions.
Chapter II General Provisions
Article 6 In order to ensure the safety of civil aviation operation and the personal safety of passengers, the carrier may formulate specific standards for the carriage of passengers with special needs according to the aircraft type, human resources and support capacity, but it shall not violate the relevant requirements of national laws, regulations, rules and administrative normative documents.
The transport standards for passengers with special needs can be clearly defined in the general conditions of transport or stipulated separately, but they should be regarded as a part of the general conditions of transport and announced in a prominent way at the same place as the general conditions of transport.
Article 7 Carriers and airport management agencies shall formulate targeted air transport service guarantee procedures according to the characteristics of various types of passengers with special needs.
Article 8 [Information Notification] Carriers, aviation sales agents and operators of aviation sales network platforms shall set up corresponding procedures in their ticket offices, ticketing networks or telephone booking systems to ensure that ticket buyers can effectively explain their physical condition, apply for special needs services and provide relevant certification materials.
Passengers with special needs shall inform the carrier or its air sales agent of their physical condition, required services, assistance requirements and other information when purchasing tickets.
Passengers who have temporary special needs after purchasing tickets shall take the initiative to contact the carrier and explain the relevant situation in detail; The carrier may decide whether to carry the goods according to the actual situation.
Article 9 [Information Transmission] Aviation information enterprises shall mark passengers with special needs to ensure that information such as identity information, physical condition, required services and assistance needs are transmitted to carriers, airport management agencies and other security units.
Article 10 Where a carrier requires a passenger with special needs to provide relevant certificates suitable for taking the flight, it shall inform the purchaser of the relevant requirements in a conspicuous way at the time of ticket sales, including the level of the unit that issued the certificate, the issuing time and the issuing content.
Article 11 Except that the physical condition of passengers with special needs may affect aviation safety or their own health, the carrier shall not set other restrictions to refuse to transport passengers with special needs.
When the carrier refuses to transport passengers with special needs, it shall explain the basis for the refusal.
If the passenger requests to provide a written certificate of refusal to transport, the carrier shall provide it within 5 working days after the refusal to transport.
Article 12 [Barrier-free Construction] Newly built, rebuilt and expanded airport terminals and related public service facilities shall meet the standards for barrier-free facilities construction; If the existing buildings, places and facilities do not meet the construction standards of barrier-free facilities, necessary transformation shall be carried out.
The equipment of airport barrier-free facilities shall conform to the relevant standards of civil airport barrier-free facilities and equipment.
Article 13 [Parking facilities] Airport parking lots and parking buildings shall be equipped with sufficient barrier-free parking spaces in accordance with the standards for the construction of barrier-free facilities for the use of disabled people and other passengers with mobility difficulties.
Barrier-free parking spaces should be close to the main entrances and exits of the terminal building, parking building and parking lot, and marked signs should be set up.
Airport management agencies should set up priority boarding procedures for passengers with special needs in the taxi waiting area of the terminal.
Article 14 Civil aircraft newly put into operation shall be equipped with barrier-free toilets as far as possible. If the existing civil aircraft has the conditions for transformation, it should be gradually transformed to meet the requirements of barrier-free standards.
Article 15 [Integrated Service Counter] The airport management agency shall set up an integrated service counter that meets the barrier-free standards at the main entrance of the terminal building, with eye-catching signs, to provide information, guidance and other related assistance services for passengers with special needs.
Article 16 [Special Facilities] The airport management agency shall set up special seats and special passages for passengers with special needs such as the elderly, the disabled and pregnant women in the terminal building.
Conditional airports can set up special needs passenger service centers to provide special needs passengers with exclusive services such as guidance and rest.
Article 17 If there are passengers with special needs on the flight, the carrier, airport management agency and ground service agent shall arrange the boarding and disembarkation of covered bridges as far as possible.
Carriers, airport management agencies and ground service agents shall provide priority boarding and off-peak services for passengers with special needs.
Article 18 [Abnormal Flight] When flight delays, cancellations, alternate flights and other abnormal situations occur, carriers, airport management agencies and ground service agents should pay special attention to passengers with special needs.
If it is necessary to reduce the load of some passengers for some reason, the carrier shall give priority to ensuring the transportation of passengers with special needs and their accompanying personnel.
Chapter III Disabled Passengers
Article 19 The carrier shall not limit the number of disabled persons who need no assistance from others in emergency evacuation.
The carrier has the right to limit the number of disabled passengers who need assistance from others in emergency evacuation and have no accompanying personnel during transportation, but it shall meet the relevant requirements of the Civil Aviation Administration.
Article 20 When the boarding gate or flight is temporarily changed, the carrier and its ground service agent shall inform the disabled of flight dynamic information and boarding information in a timely and effective manner through radio, telephone or special person notification according to the actual situation of the hearing disabled, visual disabled and other disabled people.
Article 21 [Service Dogs] Disabled people can bring service dogs into the cabin.
Disabled people carrying service dogs need not apply in advance, but they should show the service dog’s identity certificate and immunity certificate to the staff when going through the flight registration formalities.
Article 22 The carrier shall provide safety instructions in Braille in the cabin.
Article 23 [Applicable Normative Documents] In addition to these Provisions, carriers, airport management agencies and ground service agents shall provide air transport services for the disabled, and shall comply with the relevant requirements of the Civil Aviation Administration on air transport management for the disabled.
Chapter IV Elderly Passengers
Article 24 [Prevention of Refusal to Transport] The carrier shall not take the age of the elderly as the basis for refusing to transport or asking for relevant certificates of suitability for taking the flight.
For the elderly who are inconvenient to move, need to use walking AIDS or are in poor physical condition, refer to the terms of refusal and restriction of transportation for disabled and injured passengers.
Article 25 [Ticketing Service] Carriers, air sales agents, operators of air sales network platforms and airport management agencies should give full consideration to the difficulties of the elderly in using new technologies, keep offline ticketing windows or equip self-service terminals, and support cash payment and voucher printing.
Article 26 Where the elderly have accompanying personnel, the carrier shall arrange seats close to the elderly for the accompanying personnel.
Article 27 When the elderly go through the check-in procedures, the carrier and its ground service agent shall mainly inform the boarding gate, boarding time, prohibited articles and other information.
Article 28 [Unaccompanied elderly] The carrier and the airport management agency shall provide the unaccompanied elderly with flight assistance services according to the appointment and application.
If the elderly have no capacity for civil conduct or limited capacity for conduct, the carrier shall sign a power of attorney with its legal guardian, clarify the information of the sender and the receiver, the specific location of the pick-up, and arrange special staff to take care of the elderly during boarding, transferring and disembarking.
Chapter V Infants and Children Travelers
Article 29 The carrier shall specify the maximum number of infants and children allowed per adult passenger according to the actual situation, so as to meet the relevant requirements of emergency evacuation.
Article 30 The carrier may refuse to transport under any of the following circumstances:
(1) Passengers carrying babies or children are under the age of 18;
(2) Adult tourists are unable to perform the duties of caring for babies or children due to physical or mental reasons;
(3) The number of babies or children carried exceeds the carrier’s limit;
(four) the baby or child’s physical condition does not meet the requirements of flight.
Article 31 The airport management agency shall set up a maternity room in the terminal building, which shall meet the relevant requirements of national and industrial standards.
Article 32 Babies and children shall meet the following requirements in seat arrangement:
(a) the baby does not occupy a separate seat, and is held by an adult passenger;
(2) If the carrier allows the baby safety seat to be used on the plane, adult passengers need to negotiate with the carrier to confirm the installation position before boarding the plane and install it correctly as required;
(3) The carrier shall not arrange infants and children at emergency exits.
Article 33 Where a passenger consigns a stroller, the carrier and its ground service agent shall take it out of the cargo hold first and deliver it to the passenger cabin door as soon as possible.
Article 34 The carrier shall provide transportation services for unaccompanied children.
The carrier shall sign a power of attorney with the parents or legal guardians of unaccompanied children, and specify the information of the sender and the pick-up person, the specific location of the pick-up, etc.
Article 35 The carrier shall arrange special staff to take care of unaccompanied children during boarding, transferring and disembarking.
Chapter VI Pregnant Women Passengers
Article 36 The carrier has the right to require pregnant passengers who have reached the age of 32 weeks but less than 36 weeks to issue relevant certificates of suitability for flight.
Article 37 In any of the following circumstances, the carrier may refuse the passenger to take the flight:
(a) pregnant for more than 36 weeks (inclusive);
(2) The expected production date is within 4 weeks (inclusive);
(three) the expected date of delivery is approaching, but the exact date cannot be determined, but it is known that there are multiple births or expected delivery complications;
(four) less than 7 days after delivery.
Article 38 [Seating Arrangement] The carrier and its ground service agent shall take the initiative to inquire about the seating needs of pregnant passengers, and try to arrange them in spacious seats that are convenient for the flight attendants to take care of, but not in the emergency exit seats of the aircraft.
Article 39 [Security Inspection Service] The airport management agency shall give priority to the security inspection of pregnant women.
In the case of meeting the security requirements, the airport security department can use manual security inspection to reduce the impact on the health of pregnant women and fetuses.
Article 40 [Emergency Service] If a pregnant woman shows signs of labor during the flight, the carrier shall do a good job in handling the delivery on board according to the relevant procedures of first aid, and assist the passengers to be transported to the ground medical institutions as soon as possible by means of alternate landing and return flight as appropriate.
Chapter VII Injured Passengers
Article 41 The carrier shall, according to the relevant requirements of the Civil Aviation Administration on the prevention and control of passengers’ flight health risks, announce the specific flight risks of passengers suffering from various diseases, and remind passengers to read and truthfully declare their health status.
Article 42 The carrier has the right to require passengers with flight risks to provide relevant certificates of flight suitability.
Article 43 [Slightly injured or sick passengers] The carrier may refer to the relevant requirements for disabled people to fly when transporting passengers who are inconvenient to move due to injury or illness but do not need special care.
Article 44 If an injured passenger needs special care or medical equipment from the carrier, he shall contact the carrier when purchasing tickets and explain the situation and specific needs.
If the injured passengers need the carrier to provide medical oxygen, they should apply 48 hours before the scheduled departure time of the flight.
The carrier shall reply as soon as possible whether it can provide the services required by the injured passengers.
Article 45 If an injured passenger suddenly feels unwell on the plane, the carrier shall provide necessary medical assistance services, but the carrier is not required to meet the ability and level of professional medical personnel.
Civil aviation medical institutions should build a 24-hour ground-to-air video assistance platform for telemedicine to provide support for carriers to carry out on-board emergency rescue.
Chapter VIII Emergency Rescue Transportation
Article 46 [Guarantee Mechanism] Domestic carriers and airport management agencies shall establish an emergency air transport joint guarantee mechanism covering ticket purchase, check-in procedures, security check-in, boarding and disembarking in case of sudden serious injury, first aid, human organ donation and hematopoietic stem cell transfer.
Article 47 Before deciding to transport passengers with sudden serious injuries or first aid, domestic carriers should fully evaluate the physical condition and transportation conditions of passengers in cooperation with medical institutions to avoid secondary injuries in air transportation.
Article 48 When transferring human donated organs by air, the staff of the human donated organ acquisition organization shall inform the carrier of the transportation information of human donated organs in advance, bring relevant supporting documents, ensure that the human donated organs and their packaging meet the relevant national requirements, consciously accept the safety inspection and assume the main responsibility for the safety of air transportation of human donated organs.
In addition to these provisions, carriers, airport management agencies and ground service agents shall comply with the relevant requirements of the Civil Aviation Administration on the management of air transport of human donated organs.
Article 49 [Application for Transportation of Hematopoietic Stem Cells] The staff who transport human tissues such as hematopoietic stem cells and blood to save patients’ lives shall inform the carrier of the transportation information in advance, and present the letter of introduction and the information form of the transportation personnel at the airport.
If the carrier or ground service agent thinks it is necessary, he can call the China Red Cross China Bone Marrow Bank to transport hematopoietic stem cells by emergency telephone to check the relevant information, and keep a copy of the letter of introduction.
Article 50 [Transport Container] The air transport of organs donated by human bodies shall use a special transport container that meets the requirements, and a special sign for the transport of human organs shall be posted in a prominent position outside the container.
Hematopoietic stem cell transport boxes shall be clearly marked with the marks of China Red Cross Society and China Bone Marrow Bank.
Article 51 [Safety Inspection of Organ Donation Transportation] Special containers for organ donation transportation shall be inspected by civil aviation baggage security inspection equipment, and unpacking inspection is not required if there is no doubt.
The special container for transporting organs donated by human body contains liquid articles necessary for preserving organs donated by human body, which is not restricted by the air transportation conditions of liquid articles, but should meet the transportation safety requirements.
The staff of the organ donation organization and other luggage and articles except the special container for organ donation transportation shall be subject to safety inspection in accordance with normal procedures.
Article 52 [Safety Inspection of Hematopoietic Stem Cell Transportation] Hematopoietic Stem Cell Transportation Box shall be exempted from the inspection of X-ray security inspection instruments and equipment, and security inspectors may open the box for manual inspection.
Hematopoietic stem cell delivery boxes shall not contain articles prohibited or restricted by CAAC; Containing medical ice or ice platoon (cold storage liquid) and other liquid articles, it shall meet the relevant requirements for storage and transportation safety.
Hematopoietic stem cell carriers and other luggage items except hematopoietic stem cell transport boxes shall be subject to safety inspection in accordance with normal procedures.
Article 53 After receiving the application for air transportation of human organs and hematopoietic stem cells, domestic carriers and airport management agencies shall open the air transportation green channel in time to improve the transportation efficiency and ensure the transportation safety.
Chapter IX Safeguard Measures
Article 54 [Filing] The carrier shall put on record the carrier standards of passengers with special needs through the civil aviation service quality supervision platform.
If the carrier standard is changed, it shall be updated and filed on the civil aviation service quality supervision platform within 5 working days from the date of change.
Article 55 [Training] Carriers and airport management agencies shall formulate training programs to ensure that personnel engaged in passenger transport services with special needs are trained and qualified.
The training includes initial training and retraining, both of which are valid for 24 months.
The carrier and airport management agency shall keep training records for more than 3 years.
Article 56 [Training Program] The training programs of carriers and airport management agencies shall include but not be limited to the following contents:
(a) the standard of carriage of passengers with special needs and the basis for judgment;
(2) Service guarantee procedures for passengers with special needs;
(3) Consciousness, psychology and skills of serving passengers with special needs;
(4) Emergency handling in case of sudden accidents.
Article 57 [Drill] Domestic carriers and airport management agencies shall organize a drill at least once a year according to the emergency transportation situation in Chapter VIII of these Provisions.
Article 58 [Statistics and Submission] Carriers and airport management agencies shall, according to the requirements of civil aviation administrative organs, submit the data and information on passenger transport security with special needs through the civil aviation service quality supervision platform every month, and be responsible for the authenticity.
Chapter X Legal Liability
Fifty-ninth [punishment after correction] has one of the following acts, the civil aviation administrative organ shall order it to make corrections within a time limit; Overdue correction, the unit at more than ten thousand yuan to thirty thousand yuan fine:
(1) The carrier violates Article 6 of these Provisions and fails to formulate and publish the standard of carriage as required;
(2) The carrier or airport management agency violates Article 7 of these Provisions and fails to formulate targeted air transport service guarantee procedures as required;
(3) The carrier, air sales agent and air sales network platform operator violate the first paragraph of Article 8 of these Provisions and fail to set up corresponding procedures as required;
(four) aviation information enterprises in violation of the provisions of article ninth, not according to the requirements of labeling or transmitting information;
(5) In violation of Article 10 of these Provisions, the carrier fails to clearly inform the specific requirements for providing relevant certificates suitable for flight;
(six) airport management agencies in violation of the provisions of article twelfth, article thirteenth, article fifteenth, article sixteenth, facilities and equipment do not meet the barrier-free requirements;
(seven) the carrier, airport management agencies, ground service agents in violation of the provisions of Chapter III, failing to provide air transport services for the disabled as required;
(eight) carriers, airport management agencies, ground service agents, air sales agents, air sales network platform operators in violation of the provisions of Chapter IV, failing to provide air transport services for the elderly as required;
(nine) the carrier, airport management agencies, ground service agents in violation of the provisions of Chapter V, failing to provide air transport services for infants and children as required;
(ten) the carrier, airport management agencies, ground service agents in violation of the provisions of Chapter VI, did not provide air transport services for pregnant women as required;
(eleven) the carrier, airport management agencies, ground service agents in violation of the provisions of Chapter VII, not according to the requirements of the injured passengers to provide air transport services;
(twelve) domestic carriers and airport management agencies in violation of the provisions of article forty-sixth, did not establish emergency air transport joint security mechanism;
(thirteen) the carrier and the airport management agency violate Chapter IX of these Provisions and fail to record, train, drill and submit statistical data as required.
Article 60 [Direct Punishment] In case of any of the following acts, the civil aviation administrative organ shall give a warning and impose a fine of 10,000 yuan; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 30,000 yuan shall be imposed:
(1) The carrier violates Article 10 of these Provisions,
(two) the carrier violates the provisions of the second paragraph and the third paragraph of article eleventh without explaining the basis for refusing to carry or failing to provide written proof as required;
(3) The carrier, airport management agency and ground service agent violate Articles 17 and 18 of these Provisions and fail to provide relevant services as required;
(4) The carrier, airport management agency and ground service agent violate Article 48 of these Provisions, and the implementation of air transport activities of human organ donation does not meet the relevant requirements of the Civil Aviation Administration on air transport management of human organ donation;
(five) the airport management agency violates the provisions of Article 51 and Article 52, and fails to carry out security inspection as required, resulting in damage to donated organs or hematopoietic stem cells;
(six) domestic carriers and airport management agencies in violation of the provisions of article fifty-third, did not open the green channel in time.
Chapter XI Supplementary Provisions
Article 61 [Definitions] The meanings of the following terms in these Provisions are:
(1) Passengers with special needs refer to passengers who need to provide additional services in air transport due to reasons such as age and physical condition.
(2) A disabled person refers to a person who loses or is abnormal in some organization or function in psychology, physiology and human structure, and completely or partially loses the ability to engage in certain activities in a normal way.
(3) The elderly refer to natural persons over the age of 60;
(4) Infants refer to natural persons under two years of age;
(5) Children refer to natural persons who have reached the age of two but are under the age of twelve;
(6) Unaccompanied children refer to children travelers who have reached the age of 5 but have not reached the age of 12 and have not traveled with their parents, legal guardians or members of tourist groups during the air journey.
(7) Organ donated by human body refers to all or part of organs with specific functions, such as heart, lung, liver, kidney or pancreas, which are taken from human organ donors.
Article 62 [Implementation] These Provisions shall come into force on ×××× 2024.