The government has pledged to enhance protections for air passengers and grant the CAA tougher enforcement powers in its response to a Department for Transport (DfT) consultation on Aviation Consumer Policy Reform published last year.
The DfT has promised airline customers “access to faster and cheaper dispute resolution” and increased compensation for damaged wheelchairs alongside enhanced powers for the CAA, which will have increased powers to enforce consumer protection law such as “issuing fines for breaches”.
However, the immediate impact will be limited by the need to legislate on the CAA’s powers, make membership of an Alternative Dispute Resolution (ADR) body compulsory for carriers, and remove the current cap on compensation for damage to passengers’ mobility equipment.
The DfT noted: “Following concerning reports of disabled passengers having their wheelchairs damaged, the measures will mean they can get full and fair compensation for damage caused on UK domestic flights.
“At present, airlines are not required to cover the full cost of repairs [to wheelchairs damaged in flight]. Airlines will also be encouraged to waive this cap for international flights.”
Transport Secretary Mark Harper said: “I’ve heard concerning examples of passengers’ wheelchairs getting damaged and being left without full compensation.”
Ground handlers will be offered free training to ensure mobility equipment is handled properly, “aiming to avoid these incidents”.
CAA joint-interim chief executive Paul Smith welcomed the announcement, saying: “We’ve long called for a stronger enforcement toolkit to bring us in line with other regulators.
“The plans announced today achieve this and will help ensure the CAA is better equipped to hold industry to account in meeting its obligations to passengers.”
Smith said: “We encourage UK airlines to adopt the proposals immediately for all flights, not just domestic, in advance of legislation being introduced.”
He added: “ADR provides an essential service to allow passengers to escalate a complaint. Many airlines already provide this option on a voluntary basis, but some don’t. We encourage all airlines to introduce this immediately.”
Tanvi Vyas, aviation group lead at the Disabled People’s Transport Advisory Committee, welcomed the announcement saying: “Compensation for damaged mobility equipment is a move in the right direction. [But] encouraging waiving this for international flights is crucial for disabled travellers to travel with assurance and consistency.
“When equipment is damaged, it doesn’t just scupper the short-term plans of the trip itself. The longer-term impact physically, emotionally and financially is important.”
Airlines will have to join an approved ADR body, offering consumers a way to escalate complaints without a need to go to court. At present, there are just two ADR providers in the UK.
The government said it would “undertake further work on compensation for passengers facing disruption from cancellations and delays” and promised legislation “will be brought forward as soon as parliamentary time allows”.
Rocio Concha, Which? director of policy and advocacy, said: “Travellers have had their rights routinely neglected by law-breaking airlines.
“The Prime Minister must show he is on the side of passengers and urgently set out legislation to make these increased powers for the CAA a reality, ensuring the regulator has the power to fine airlines directly when they flout the law.”
Concha added: “While plans for mandatory ADR are a step in the right direction, Which? urges the government to go further and introduce a single ombudsman for the sector.”