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Posted: Sat Feb 24, 2007 9:31 pm
by Bookbear
Sleepy-eyes, I would certainly file a complaint with TSA (instructions are on their web site). You could also have asked to speak with the TSA Dispute Resolution Officer... every domestic airport is required to have one available during operating hours. You might have missed your flight, however. What airline was this? I would certainly contact the airline's corporate offices and determine if this was a gate attendant's misapplication or misunderstanding of regulation, or a deliberate corporate flouting of TSA regulations.

BillBolton, I think one reason TSA specifically lists cpap machines as "assistive devices" not to be counted as carry on is due to their expense, vulnerability to damage, and inability to be readily or quickly replaced in case of damage or loss, rather than an actual need to use the cpap in flight. The fact that the patient risks health damage from not being able to use their device if it is lost or damaged by the airline is a factor. Another consideration is that by allowing the passenger to carry the cpap on board, the airline is no longer liable for loss or damage, the passenger is.


Posted: Sat Feb 24, 2007 10:22 pm
by Sleepy-eyes
It was Delta Airlines. I'll file a complaint when I get home. I'm on a weeks vacation and I don't really want to mess with it now. I'd sure like to get my 50 bucks back!!!!!

Posted: Sun Feb 25, 2007 6:16 am
by billbolton
Bookbear wrote:BillBolton, I think one reason.....
That's the problem. As far as CPAP machines are concerned, the right to carry on a medical device which is not required in flight appears not to have been tested at US law as far as I can determine. So, no matter what any of us "think", turning up at an airport and demanding to carry on a CPAP machine in excess of normal carry-on allowances may not yield the desired result in all circumstances.

If anyone does know for certain, if this has been tested at US law and a definitive finding obtained, please let us all know the relevant citation.

Cheers,

Bill


Posted: Mon Feb 26, 2007 7:35 pm
by Bookbear
It may not have 'been tested' in court, but it IS there in black and white, literal, exact wording, in TSA regulations. TSA regulations DO apply to all domestic airlines.

Posted: Tue Feb 27, 2007 5:27 pm
by Bookbear
Sorry, I was a tad too fast with the send button and didn't notice that until later. This was part of my last post:

TSA Regulations specifically state:
"The limit of one carry-on and one personal item (purse, briefcase or computer case) does not apply to medical supplies, equipment, mobility aids or assistive devices carried or used by a person with a disability."

Note that part in bold... you do NOT have to be using the cpap in flight to be able to carry it on without it counting as part of the carry on allowance. TSA regulations specifically and explicitly list cpaps as "assistive devices". The full document can be viewed here: http://www.tsa.gov/travelers/airtravel/ ... index.shtm

I confirmed this with a call to TSA's number listed in the document (takes a while to get a real person). Sleepyeyes, file that complaint with TSA if you get no satisfactory response form Delta.[/i]


Posted: Tue Feb 27, 2007 11:42 pm
by billbolton
Bookbear wrote:mobility aids or assistive devices carried or used by a person with a disability."[/i]
My point still stands until it has been definitively tested at law.

Anything which is perceived to impact flight safety will take precedence with air carriers. If the amount of carry-on become excessive they will not hesitate to start forcing gate-checks (etc).

Cheers,

Bill