FlyJSH

"Selective enforcement"? Just because some one else does something doesn't make it right. If the crew before me flew with an open squawk, that doesn't allow me to fly an unairworthy aircraft.

I doubt in the contract of carriage or in new hire, recurrent, or upgrade training was what types of restraints can be used for a passenger's extremities specifically addressed. The CA made a judgement call. Maybe the flight already had other wheel chair passengers and a few unaccompanied minors. Were that the case, it is unreasonable and irresponsible to expect a FA (even a super strong one) to be able to pull a whole bunch of people out of a burning aircraft.

Yes, a call might have brought about a quick resolution, or it might have taken an hour to track down the CP, Director of Ops, or whoever was willing to stick his neck out and make a decision.

The CA was put into a no win situation. He made a decision which DID NOT put the flight at risk, so in that respect he should be protected. If the company does not like the way he handled the situation, retrain him, pass out a policy clarification, and move on. No matter what, the CA has the spotlight on him now, and I will bet my paycheck his "ignorance," as you put it, will NOT be rewarded.

ridered

hopefully this event will promote "definitive direction" on what is the FAA approved restraint method for such an individual. good lesson for all

Airhoss

We have aisle chair folks on board all the time. Some of whom are quads or have other issues that severely limit their mobility. In an evac situation they are assigned a helper by an F/A to get them off the plane. That's how it's supposed to work. If the F/A's are capable they'll do it themselves or maybe grab a pilot or a willing passenger to help. But all attempts will be made to get that person off in a hurry if needed. In any case as a common carrier you are obligated to provide for these folks.

The ADA is going to have a field day with this one and the guy who was refused probably has pretty strong discrimination case against Frontier if he chooses to pursue it.

HSLD

I support Captains Authority and allowing the autonomy to use his judgement on HIS flight.

sticky

"Regional carrier Frontier airlines....".....HAH!

meeko031

isn't this is what "captain's authority" is all about? making decisions based on safety?

Fishfreighter

Have you read the ADA?

Mulva

Totally pilfered from a post elsewhere:


http://fsims.faa.gov/WDocs/Bulletins/ ... ion%20Info%20Bulletins%20(FSAT)/FSAT0501.htm
ORDER: 8400.10

APPENDIX: 4

BULLETIN TYPE: Flight Standards Information Bulletin for Air Transportation (FSAT)

BULLETIN NUMBER: FSAT 05-01

BULLETIN TITLE: Use of Orthotic Positioning Devices by People with Disabilities in Aircraft Seats

EFFECTIVE DATE: 01/31/05

TRACKING: N/A

APPLICABILITY: This bulletin applies to operations under parts 121 and 135.


1. PURPOSE. This bulletin clarifies the Federal Aviation Administration (FAA) Flight Standards Services safety and enforcement policy regarding the use of orthotic positioning devices (OPD), as described in this document, for people with disabilities in all aircraft operated under Title 14 of the Code of Federal Regulations (14 CFR) parts 121 and 135. This bulletin supplements information contained in Federal Aviation Administration (FAA) Advisory Circular (AC) 120-32, Air Transportation of Handicapped Persons.

2. BACKGROUND.

A. As early as 1977, the FAA recognized the need for guidance regarding the use of assistive devices by people with disabilities on aircraft. To a limited degree, AC 120-32 discusses issues surrounding the use of assistive devices, such as crutches, splints, casts, and braces, by passengers on aircraft. However, the FAA issued this guidance well before the Department of Transportation (DOT) published 14 CFR part 382 in 1990. In addition, there have been many innovations in the scope and type of assistive devices since 1977. OPDs are one of the more recent examples of innovation in assistive devices.

B. Flight Standards has recently received questions from air carriers, the disabled community and manufacturers of OPDs requesting specific guidance regarding the use of OPDs by people with disabilities and compliance with the regulations that address passenger restraint on aircraft.

C. Flight Standards Service has developed this FSAT to address one type of OPD. This type of OPD is used by people with disabilities to position and support themselves in such a way that the aircrafts seat belt can be used as an effective and primary method of restraint. Each OPD is specifically designed to meet the support needs of an individual and there are different manufacturers of OPDs. This FSAT presents guidelines to use when evaluating an individual OPD for use on aircraft.

3. TECHNICAL INFORMATION.

A. Orthotic means a support or brace for weak or ineffective joints or muscles. An orthotic positioning device is a device or supportive brace that is designed and used to help support and position a person who has:

Significant postural asymmetries of the pelvis, trunk, and/or hips that lack flexibility.

Significant hyper or hypotonia, spasticity, or mixed athetoid dysfunctions.

Absent or impaired sensation in an area of contact with a seating surface.

Past history of, or current pressure ulcer, on an area of contact with a seating surface.

B. An OPD is used by people who have difficulty controlling the movement of their body or have muscle spasms that cause their body to extend involuntarily. Some examples of this type of disability would be, but are not limited to, Cerebral Palsy and spastic quadriplegia.

C. The type of OPD discussed in this FSAT must be equipped with internal restraints to position a person in the device to provide that person security and support. The person is seated in the OPD while they and the OPD are occupying an aircraft seat. In this way, the person is properly positioned in order to use the existing aircraft seat belt as their primary restraint device by securing it around them while they are using the OPD for support. The OPD must not attach to the seat and simply provides support, not the restraint that is provided by the aircraft seat belt.

4. GUIDANCE.

A. The use of this OPD is similar to the use of any other medically required assistive/positioning device, such as a back brace or a neck brace. Its purpose is to ensure that a person who has a medical need for this type of assistive device is positioned properly and safely in order for that person to effectively use the aircraft seatbelt as their primary means of restraint by securing it around themselves.

B. This type of OPD is not intended to be identified, sold or used as a child restraint system.

C. The use of this type of OPD is appropriate and permitted on aircraft and is not prohibited by current regulations.

D. Crewmembers are not required to know how to operate the internal restraints on the OPD. This is the responsibility of the person who is using the OPD or his/her caregiver. Crewmembers are only responsible for ensuring that the aircraft seat belt, the primary method of restraint, is used properly.

E. A person may use an OPD in any seat on the aircraft, except an exit seat, provided that the use of the OPD does not block any passengers egress from the aircraft.

F. Because each OPD is specifically designed to meet the support needs of an individual, the structure of the OPD and the internal harness system may vary. To assist crewmembers in evaluating whether the use of this type of assistive device is acceptable, it is important to keep two key points in mind:

(1) There must be a medical need for the person to use the OPD. In most situations, the need to use an OPD will be readily apparent. In any case, observation of the person or obtaining credible verbal assurances from the person or their attendant will be considered sufficient to determine medical need.

(2) When the device is being used, the aircraft seatbelt is secured around the person who is using the OPD and provides the primary method of restraint.

G. The guidance contained in this FSAT is specific to one type of OPD that a person with a disability uses to allow the aircraft seat belt to be the primary method of restraint. It does not mean that any type of restraint used by people with disabilities is exempt from the regulations regarding the use of restraint systems and it does not preclude the air carriers responsibility from making a safety judgment based on specific compliance with applicable regulations. A petition for exemption is the appropriate course of action regarding a device that does not meet the criteria in this FSAT or the requirements established in the pertinent regulations regarding restraint on aircraft. Information regarding the submission of a petition for exemption is available at
http://www.faa.gov/avr/arm/petitions.cfm?nav=part

5. REFERENCES.

A. 14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel, as amended
http://airconsumer.ost.dot.gov/rules/rules.htm

B. Advisory Circular 120-32, Air Transportation of Handicapped Persons
http://www.faa.gov/avr/afs/cabinsafety/acidx.cfm

C. While the FAA does not endorse a particular manufacturers OPD, the following websites contain information regarding the general type of OPD described in this FSAT:
http://www.aspenseating.com/products_ASO.html
http://www.snugseat.com/ss1000.htm

6. ACTION.

A. Each principal operations inspector (POI) and Aviation Safety Inspector (Cabin Safety) should make the information contained in this FSAT known to the director of safety or the director of operations, respectively, of each assigned operator under part 121 or part 135.

B. This information may be conveyed by hard copy of this FSAT or by referring the director of safety or the director of operations, as applicable, to the following FAA public web site:
http://www.faa.gov/avr/afs/fsat/fsatl.htm

7. PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS). Document the conveyance of the information contained in this FSAT for each air carrier affected:

A. Use PTRS code 1030.

B. Enter FSAT0501 in the National Use Field (without the quotes).

C. Once the POI has accomplished the action in paragraph 6, close out the PTRS.

8. INQUIRIES. This bulletin was developed by AFS-200. Any questions concerning this bulletin should be directed to Nancy Claussen, Flight Standards Service, at (602) 379-4864, ext. 268.

9. EXPIRATION. This bulletin will remain in effect until further notice.

Mulva

BTW..from what I've heard today, the Frontier Flight Attendants manual specifically prohibits carrying a passenger who can't sit upright on their own.

USMCFLYR

Does this include infants?

USMCFLYR