Post
by cpapFlyer » Thu Dec 03, 2009 2:23 pm
I fly almost every week, so this is a subject that is dear to my heart.
I purchased a battery and power inverter for my ResMed S8 autovantage about two years ago and use it regularly on my flights. I have used it on Continental, Northwestern (Delta), Delta, Continental Express, Copa, Lufthansa, United, American, and United Express. I have only been refused permission on two flights during that time. The decision has been entirely up to the flight crew.
Prior to the FAA update issued in May (InFO 09006), the airlines had severe restrictions on the use of Portable Oxygen Concentrators (POC) and on the use of oxygen. My understanding is that this was because of the fear that the oxygen presented an elevated risk of fire.. Regulation AC 91.21-1 has extensive extra testing for these devices. The manufactures must provide information for the additional certification. If they pass these additional tests, they get a certification sticker. However before InFO09006, most airlines required a prescription for a doctor, device certification, pre-notification and often had special seating. On many airlines the flight attendants told me that allowing the use of oxygen without written authorization was grounds for immediate dismissal.
The flight manuals that I have seen have 5 or pages on POCs and oxygen, but in most cases they said nothing about CPAP machines. AC 91.21-1 indicates that other respiratory devices (non oxygen) are treated as an Personal Electronic Device (PED). This means that they must be certified for RFI emissions on each plane just like a laptop or an IPOD, but do not require special certification. Hence, they do not have a sticker.
The way I read InFO09006, is that it removes some of the restrictions on the use respiratory devices to comply with the Americans with Disabilities Act(ADA). The airlines must now allow any device that has met the certification requirements without restrictions. However, because the airlines (not the manufacturers) are responsible for certification of PEDs, it is not easy to find out what is certified on which aircraft. While all airlines have a list, Quantas is the only one that I have seen publish it. My understanding is that most (if not all) of the airlines subscribe to outside testing services to do the actual testing, so I surmise that the list is probably the same for all airlines.
One of the two times that I could not use my machine was on an old Bombardier TurboProp on Northwest built in the 1980’s. The flight crew called the ops center and they were told that my machine had never been tested on the model plane. However, on all other occasions where it got that far, my device was certified.
I am not a lawyer, but I believe that with the new change, the airline must let you use the device if it has been certified on that model aircraft on be in violation of InFO09006 and the ADA.. That does not mean that a crew must let you use it, but it gives you the right to sue if it does not and you can prove it was certified.
So, what can you do:
1) I agree with Silver Pelt that the flight attendant always has the final say. You can be booted off the airplane and arrested if you ignore their instructions, even they are wrong.
2) Make sure that you clarify that your device does not use oxygen, so it is not covered under the POC regulations. Most flight attendants automatically assume that a CPAP is a POC because they have been trained never to allow the use of a POC. If they heard about a CPAP, it was with a long list of PEDs including computers, music players, etc. that cannot be used below 10,000 feet.
2). Check with the airline – especially if it is a long trip were not using your device will be a big problem. Continental for instance requests written notice two days ahead of time (although the flight crew are usually fine with it anyway). With the InFO09006, I think that airlines will need to be more accommodating.
3) Tell the flight attendant before you take off that you intend to you the device above 10,000 feet for sleeping, that is not a POC, and that it is regulated as an electronic device. I have tried just using it but I have had mixed results. I have had flight attendant wake me up and start yelling at me because they thought I was using oxygen. On the other hand, that is how I successfully used it on Lufthansa – but I was in business class so they were forgiving.
4) Don’t tell the airline that it is a life and death situation. This can create other problems. I had one flight on a Spanish speaking airline where I was trying to explain sleep apnea. I told them that I used the machine because otherwise I stop breathing when I sleep. They held up the plane while someone got a 2 page release form which released them from all responsibility (I think). It was all in Spanish, but I had to sign it if I wanted to fly home.
What if you are refused:
1) Always stay calm and courteous. The flight attendant is just trying to do their job. In my experience, the longer the flight the more likely that the crew know the regulations because they have had to deal with it before. However on many shorter flights they have never heard of a CPAP machine and need education.
2) Give them some time to do research. On larger flights there is usually someone who understands the problem. On small flights, they often need to look it up, or call the pilot.. However, the flight attendant has many responsibilities especially during takeoff. If you push for a quick answer it will be no.
3) Don’t take the first no as an answer. I usually ask why they are saying no. In most cases it is because they are thinking it is oxygen. With some clarification it can be cleared up.
4) Ask to see the flight manual. They are not required to show it to you, but I have often been able to read it and then show them that it only refers to POC machines. I have had to ask only once since InFO09006 was implemented and the manual I saw still had all of the outdated POC pages. There is usually a pouch at the back with the updates, so I suspect that InFO090006 was in there.
5) Ask them to check with the pilot if they have not already done so. This can backfire, so it is a last resort. The pilot has final say, but in several cases I have had the pilot radio operations to determine the certification of the device.
6) If they still say no, let them know that you will comply with their instructions, but that they are in violation of the ADA and you will follow up with the airline. This will not help you on this flight, but may help the next person if they go back and get the correct answer.
7) Follow up with the airline. Especially now that InFO09006 is in place, the airline has a responsibility to make sure that they do not deny your ADA rights if the device is actually certified as safe to use.
I have been thinking of putting together in a packet of information explaining the device and the FAA regulations around it. Has anyone tried this?
