ࡱ> npo` 6bjbjss .`.,,,,,,,@!!!!DL!\@9h!!!!!"""8888888$.;h=8,"""""8,,!!8Rk#k#k#",!,!8k#"8k#k#3|,,4!! 0mSA!"R48&99+4>"^>$4>,4""k#"""""88U#"""9""""@@@D @@@D@@@,,,,,, Application for an Exemption under Section 55 of the Disability Discrimination Act 1992 from the provisions of Section 23 and 24 of the Act by Regional Express Holdings Limited (ABN 18 099 547 270) trading as Regional Express Introduction Regional Express (Rex) is a regional airline based in Sydney and operating in New South Wales, Victoria, Tasmania, South Australia and Queensland. Rex operates a fleet of 33 SAAB 340 33 to 36 seat aircraft. This fleet size will increase to in excess of 40 within the next three years. Rex requests an exemption under Section 55 of the Disability Discrimination Act 1992 from the provisions of Sections 23 and 24 of the Act by placing certain restrictions and requirements on the carriage of passengers with specific disabilities on the SAAB aircraft Current Operations Rex carries disabled passengers on all SAAB aircraft. An escort or companion is required for certain classes of passenger who are unable to provide any self assistance or understand safety directions. The Saab 340 Rex intends to carry wheelchair dependant passengers in the SAAB. The size of the aircraft and subsequent operational weight limitations, in addition to the limited space available within the aircraft and the carriage of only one Flight Attendant aboard the aircraft, place certain restrictions on the operational capability of the aircraft. A Passenger Facilitator is a person provided by the passenger to assist with the movement of the passenger between seats and chairs and is generally trained or experienced with such a move. The requirement stated below for a Passenger Facilitator to assist in moving a passenger into/out of the aircraft seat, is due to occupational health and safety concerns with such a lift which requires a twisting motion during the lift. Since the formation of Rex, three crew members have incurred injuries whilst lifting passengers. The following restrictions are proposed: If the wheelchair dependant passenger cannot assist him/herself to move between their own wheelchair and the Rex aisle chair and between the aisle wheel chair and the aircraft seat, a Passenger Facilitator (provided by the passenger) is required to attend both the departure and destination airport to assist with moving the wheelchair passenger between their wheelchair and the aisle chair and between aisle wheelchair and the aircraft seat. This facilitator is not required to travel with the passenger and there is no additional financial burden on the passenger. If the passenger is unable to understand and follow safety directions (written or verbal), is unable to don a life vest, requires the application of medication in flight, or requires assistance to the toilet or to eat, a companion is required to travel with the passenger. If the passengers only restriction is the inability to eat or drink unaided, a companion is not required if the passenger elects to forgo catering during booking. To help with the cost of this requirement Rex will provide the lowest fare applicable to the flight, regardless of availability of that fare, for the companion. Wheelchair dependant passengers who are able to assist in the transfer between their own wheelchair and the aisle chair and between the aisle wheelchair and the aircraft seat by bearing weight using their upper torso and arms will be carried without a requirement for a companion to travel with them or the requirement for a passenger facilitator to assist at the departure and destination airports. Wheelchair dependant passengers must check-in no later than 45 minutes prior to the scheduled departure time at regional airports and 60 minutes prior to the scheduled departure time at capital city airports to allow sufficient time to prepare the wheel chair for carriage and to board the passenger without unduly delaying the flight. Passengers with electric wheelchairs must either disable their own electric chair or supervise Rex staff in disabling and re-activating the electric wheelchair after transfer to the aisle chair. This will ensure that the chair will not be activated in the aircraft hold and, if the batteries are of a type that are required to be disconnected due to Dangerous Goods regulations, they are disconnected and reconnected in a manner that will not damage the chair. All flight bookings must be made with the Rex Customer Contact Centre on 131713 to ensure that all special requirements are notified to the airline in the proper manner. The weight of the chair will have to be notified to Rex during booking. No extra charge is applicable to this service. Bookings for disabled persons cannot be made on the Rex website Wheelchairs must not weigh more than 64Kg. With prior approval, wheelchairs in excess of 64 kg but not exceeding 140 kg may be carried at ports where specialist lifting equipment is provided. Wheelchair dependant passengers will be required to book at least two days in advance of the flight to enable Rex to make all the necessary preparations. Rex will limit the number of wheelchair bound passengers to 2 per flight and will carry only one chair weighing in excess of 64 Kg per flight. Loading Passenger Wheelchairs The weight of the passengers wheelchairs being loaded into the cargo hold shall not exceed 64 Kg, unless otherwise approved by Rex during booking. Wheelchairs so approved must not exceed 140Kg due to lifting equipment restrictions. Any approval by Rex to carry wheelchairs in excess of 64 kg will be dependant on specialist lifting equipment being available at the departure and destination ports. Risk assessed Occupational Health and Safety limitations for heavy lifting into an aircraft cargo hold limit single person lift weights to 32Kg. Rex is a minimal staff airline and can not guarantee more than two staff members on an apron at any one time. One of these staff members will often be a female. At smaller Regional airports usually only one staff member is available on the ramp. Rex does not currently own mechanical lifting devices suitable for lifting heavy loads into an aircraft hold. The only heavy loads carried by Rex are wheelchairs. Given the low number of times such equipment will be required, the purchase and maintenance costs of providing mechanical lifting devices for every airport to which Rex operates creates an undue financial hardship for the airline. Some airports may only need the equipment once every 2 years. Rex ramp staff are not specifically trained or qualified to operate some lifting equipment, particularly fork lift equipment, as this equipment is not owned or operated by Rex. This negates Rexs ability to hire such equipment for use in lifting heavy items into and out of the aircraft during the infrequent occasions it may be required. Hire of such equipment with an operator is not possible as they are not trained to operate in the vicinity of an aircraft and for them to do so would put Rex in breach of the Civil Aviation Act. Rex is investigating the purchase of lifting equipment which satisfies the requirements of operating in the vicinity of an aircraft and can be operated by Rex staff. The carriage of heavy wheelchairs places hardships on the Company through the requirement to hire or purchase special equipment and train staff in the use of this equipment and through the loss of revenue in a reduction of the number of passengers that may be carried under certain conditions, as discussed below. SAAB 340B Weight Limitations The SAAB is configured for 33, 34 or 36 seats. Standard weight limitations allowed for the aircraft for a male are 87Kg (including carry-on baggage allowance) plus 15 Kg for baggage and for a female 72Kg (including carry-on baggage allowance) plus 15 Kg baggage. In a fully loaded aircraft this is the maximum weight (plus the weight of crew and fuel) that will allow the aircraft to get airborne on an average day from a long runway with no obstructions. On an average day of 15 degrees Celsius with a full load of passengers and their baggage, including the carriage of a single wheelchair dependant passenger with baggage not exceeding 15 Kg, a wheel chair weighing 115Kg or greater will require the offload of one passenger, denying carriage to that passenger and causing them inconvenience. Such an offload will also reduce revenue for the airline. Due to the weight restrictions and the carriage of only one Flight Attendant, Rex will limit the number of wheelchair dependant passengers on each regular passenger carrying flight to two, with only one chair of greater than 64Kg weight per flight. The requirement for an early notification to Rex will allow Rex to negotiate with the passenger for a flight with the lowest number of bookings and less than two booked wheelchair passengers, reducing the likelihood of passenger offload Excess Baggage Charges Rex will not charge excess baggage for wheelchairs up to and including the maximum weight of 64Kg. If approval is obtained to carry chairs in excess of 64 Kg an excess baggage fee will apply. For chairs between 65Kg and 99Kg an excess baggage fee of $1 per Kg will be levied. For chairs between 100 and 140KG a fee of $1 per Kg between 65KG and 99KG ($34) plus $3 per Kilogram above 100KG will be levied. This is a reduction of the standard excess baggage fee of $3 per kilogram over 20Kg required of other passengers. A limit of one chair per disabled passenger will be carried free of charge. Additional chairs will be charged at the normal excess baggage rates with the normal excess baggage restrictions. This includes the possibility of baggage not being guaranteed carriage on that particular flight due to weight limitations. Restrictions on other Disabilities Rex requires a companion to travel with certain intellectually disabled passengers. As stated earlier in this application the SAAB carries only one Flight Attendant. Passengers who are unable to understand instructions from the Flight Crew or Flight Attendant in an emergency cannot receive personal and dedicated attention of the Flight Crew or Flight Attendant as they must tend to the safety needs of all passengers. The provision of a companion will enable the provision of total and individual attention to the disabled passenger and also prevent them from hampering other passengers in an emergency situation. Infectious Diseases Rex will not carry a passenger with a prescribed contagious disease unless a notification is provided from a doctor stating that the person is fit to fly and poses no danger of infecting the crew or other passengers in the aircraft. Restriction Mitigation Rex has endeavoured to facilitate the carriage of disabled passengers to the limits of the aircraft design. Aisle wheelchairs have been purchased to allow the transfer of passengers to an aircraft, movable arm rests have been fitted and disabled passenger lifts have been purchased to assist wheelchair dependant and other passengers into and out of the aircraft. Requirements for travelling companions only apply to situations where safety is or may be jeopardised or where the passenger requires assistance to perform certain functions during the flight. Reporting Rex will report the status of endeavours to reduce the requested restrictions to HREOC as required by HREOC. Summary/Conclusion In summary, the above exemptions are requested due to Aircraft operational and performance limitations OH&S concerns for the crew. Equipment being operating around the aircraft. The dignity and comfort of disabled passengers. A special needs passenger is a collective noun for passengers with a vast range of disabilities. Rex is more than willing to carry special needs passengers subject to the conditions outlined in this application. This exemption is being sought to provide a safer environment for all those involved, including the special needs passenger. c d t      1 D Y ^ j ! 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XApplication for an Exemption under Section 55 of the Disability Discrimination Act 1992