Volume 34 (2009)

Volume 34 (2009) / Issue 3

Norberto E. Luongo, 'Persons with Disabilities and Their Right to Fly' (2009) 34 Air and Space Law, Issue 3, pp. 149–175

Abstract

At the beginning of 2008, a landmark ruling was issued by the Canadian Transportation Agency (CTA); the decision ordered some carriers to adopt a ‘one-person-one fare’ policy for persons with severe disabilities who travel within Canada by air. The rule provided the airlines a one-year period for the implementation of the new policy. This decision was unsuccessfully challenged before a Canadian Federal Court and the Supreme Court of Canada. Hence, the rule became effective as of 10 January 2009.

This article analyzes this decision and the legislation in force in the European Union and the United States addressing the rights of air passengers with disabilities. It also includes a brief commentary on the pertaining rules contained in Annex 9 of the Chicago Convention, and the most relevant and recent jurisprudential developments in this matter are summarized. In addition, the possibility of adoption of a similar regulation in other countries and some nuances derived from the construction and implementation of the Canadian regulation are presented.

Copyright © 2009 Kluwer Law International
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ISSN: 0927-3379
ID: AILA2009016