Concerning Modification And Completion Of Government Decision No. 1034 Of 16 October 2000

Original Language Title: cu privire la modificarea şi completarea Hotărîrii Guvernului nr. 1034 din 16 octombrie 2000

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5968296/cu-privire-la-modificarea-i-completarea-hotrrii-guvernului-nr.-1034-din-16-octombrie-2000.html

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    The Government DECIDES: Government decision No. 10 of 16 October 2000 "on approval of the national programme of air transport facilitation" (Official Gazette of the Republic of Moldova, 2000, no. 133-136, section 1142), with amendments and additions thereto, shall be amended and shall be completed as follows: 1. In the text of the decision, annex 1 and annex 2 to the resolution, with the exception of paragraph four of 251 of the annex. 1, "the State administration of civil aviation" shall be replaced with the phrase "Civil Aeronautical Authority, if appropriate to the grammar;
2. Annex 1:1) (8): the term "disabled person" shall be replaced with the term "person with disabilities" with the following content: "disabled person-person with physical disabilities (sensory or locomotor, permanent or temporary), intellectual, mental and other disabilities, and/or person whose mobility in the use of air transport is reduced as a result of the deficiencies or from any cause of disability, or age , whose situation requires proper attention and adapting services available to all passengers to its particular needs; ";
It is supplemented by the following definitions: "airport-the airport overview airport terminal and other facilities intended for reception and dispatch of aircraft, air transport service;
Airport operators-users ' Committee Committee of representatives of airport operators to users or organisations representing them;
airport management entity-entity certified by the Civil Aviation Authority which has as its objective under national law or regulations the Administration and management of infrastructure of an airport or airport network, and the coordination and control of the activities of the different operators present in the airports or airport network concerned;
Airport parking-parking in the airport or under the direct control of the management entity of the airport, which directly serves the passengers using the airport in question;
commercial air transport service for passengers-air transport service for passengers carried by air transport company through a planned or unplanned flight offered to the general public for a fee, either individually or as part of a package;
actual air carrier-air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, who has concluded a contract with that passenger;
airport user-any natural or legal person responsible for the carriage of passengers from and to the airport concerned ";
2) at 67 and 83 points, the words "the administration of airports" shall be replaced with the words "airport management entity";
3) in point 251 paragraph four, "the State administration of civil aviation" shall be replaced with the words "Ministry of transportation and road infrastructure";
4) in section 289, the words "Ministry of transportation and road management" shall be replaced with the words "Ministry of transportation and road infrastructure";
5) chapter X shall read as follows: "Chapter XFACILITAREA 265 TRANSPORT of PERSONS with DISABILITIES. This chapter lays down the rules for protecting and assisting persons with disabilities exercising or intends to appeal to commercial air transport services for passengers on departure from, transit through or arrival at an airport situated in the territory of the Republic of Moldova both to protect them from discrimination and to ensure the provision of assistance to them.
Provisions 275-276 points and 2867 point shall also apply to passengers departing from an airport located in a third country to an airport situated in the territory of the Republic of Moldova, if the air carrier actually is.
This chapter is without prejudice to the rights of passengers established by the regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation of flights or prolonged întîrzierii, approved by Government decision No. 836 of 8 November 2012.
266. Persons with disabilities when travelling by air, to protect them from discrimination, must be given special assistance, corresponding to their special needs, equally with that afforded to the general public. This assistance is provided by the competent public authorities, air carriers, airport management entities, handling and tour agencies in a manner that ensures personal dignity.
267. The competent public authorities, air carriers, airport management entities, handling agents and tour operators shall cooperate among themselves for the purpose of undertaking the necessary measures to ensure accessibility for persons with disabilities to all types of services provided to passengers during the journey, after arriving at the airport of departure until leaving the airport of destination.
268. The competent public authorities, jointly with air carriers, airport management entities and agencies handling of Moldova shall establish and publish minimum standards for uniform access to air transportation services for persons with disabilities, from the moment of arrival at the airport of departure until leaving the airport of destination. The establishment of the above-mentioned standards, account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of persons with disabilities, in particular the code of conduct of the European Civil Aviation Conference, in the area of groundhandling services to persons with disabilities.
269. Persons with disabilities when travelling by air, the competent public authorities, jointly with air carriers, airport management entities, handling and tour agencies, must be given the necessary information, in a format accessible to persons with sensory and cognitive disabilities, during the trip, depending on their needs. 
270. the representatives of the entities for the administration of airports, air carriers and tour operators must apply the necessary measures to ensure that persons with disabilities should be informed of the manner in which to proceed in any of the following situations: a) after buying the ticket for travel by air;
b) after consulting the voyage schedules;
c) after booking;
d) airport;
Airport Terminal e);
f) before takeoff, in-flight and after landing.
271. The air carrier or its agent shall make publicly available, in accessible formats and at least in the same languages in which they are formulated using the information made available to other passengers, the safety rules that they apply to the carriage of persons with disabilities, as well as any restrictions on their carriage or assistive devices, resulting from the size of the aircraft.
Retailing offers such safety rules and restrictions for flights included in package travel, package holidays and circuitry which it organises, sells or offers for sale.
272. The air carrier, its agent or retailing not refused on the grounds of deficiency: to accept a reservation for a Flight departing from or arriving at an airport to which they apply the provisions of this chapter;
to catch any person with disabilities at such an airport, provided that the person concerned is in possession of a valid ticket and reservation.
273. without prejudice to the provisions of section 272, an air carrier, its agent or a tour operator may refuse to accept a reservation or boarding to persons with disabilities only in the following cases: to obey the safety requirements laid down in applicable international law, domestic or European or to obey the safety requirements laid down by the Civil Aviation Authority that issued the air operator's certificate to the air carrier concerned;
If the dimensions of the aircraft or its doors make boarding or carriage of that disabled person impossible.
274. In case of refusal to accept a reservation on the grounds referred to in paragraph 273, the air carrier, its agent or retailing make all possible efforts to propose an acceptable alternative to the person in question.
275. Every person with disabilities has been denied embarkation on the grounds of disability and every person accompanying the person concerned, in accordance with section 28612, be entitled to refunds or re-routing in accordance with the provisions of the regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation of flights or prolonged întîrzierii, approved by Government decision No. 836 of 8 November 2012. The right to choose a return flight or re-routing shall be subject to compliance with all the safety requirements.

276. In the situation where an air carrier, its agent or a tour operator exercises a derogation according to paragraphs 273-275 and 28612, it shall communicate immediately the reasons a person with disabilities. Upon request, the air carrier, its agent or retailing these reasons in writing communicate to the person with disabilities, within five working days of the request. addressing
277. Air carriers, their agents and tour operators shall take all measures necessary for the receipt, at all their points of sale on the territory of the Republic of Moldova, as well as at points of sale outside the Republic of Moldova, including sale by telephone and the Internet, of notifications of the request for assistance addressed to people with disabilities.
278. Where an air carrier, its agent or a tour operator receives a notification of request for assistance at least 48 hours before the published time of departure of a flight, transmit that information with at least 36 hours before the published time of departure of a flight: the entities for the administration of the airports of departure, arrival and transit; as well as the actual air carrier, in the event that the reservation was not made with the carrier, unless the identity of the air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as possible.
279. In the situation where an air carrier, its agent or a tour operator receives a notification of no request for assistance at least 48 hours before the published time of departure of a flight, it shall transmit this information to those indicated in point 278 with at least 36 hours before the published time of departure of a flight.
280. As soon as possible after take-off the aircraft, the air carrier shall notify the management entity effective of the airport of destination, if situated on the territory of Moldova and/or within the European Union, the number of persons with disabilities on board aircraft requiring assistance specified in paragraph 282, and the nature of the assistance in question.
281. the Airport Management Entity will take all measures necessary to ensure that facilities and services at the airport to meet the needs of persons with disabilities.
282. the Airport Management Entity is responsible for ensuring that the following types of assistance, without levying additional persons with disabilities: communication of the arrival at the airport and request assistance from established points inside and outside terminal buildings, in conformity with paragraph 284;
moving to a point of embarkation at the designated check-in counter;
boarding and baggage registration;
moving from the check-in counter to the aircraft boarding procedures towards the fulfilment of the related immigration, customs and security;
passengers aboard the aircraft by means of lifts, wheelchairs or other armchairs of necessary assistance, as appropriate;
moving to the door of the aircraft to the place assigned;
storage and recovery of checked-in baggage on board the aircraft;
the movement of the door toward the aircraft assigned seats;
disembarking from the aircraft by means of lifts, wheelchairs or other armchairs of necessary assistance, as appropriate;
the movement of the aircraft towards the baggage retrieval Hall for carrying out of procedures relating to immigration and customs;
moving to the baggage retrieval to a designated point;
provisioning the connection flights in case of transit, providing assistance in flight and on the ground, as well as within and between these terminals, where appropriate;
moving towards the toilets, where necessary;
temporary replacement of equipment damaged or lost mobility, but not necessarily on the principle of the identity of the item in question;
the handling of utility dogs recognized as appropriate;
the communication of information concerning flights in accessible formats;
where a disabled person is assisted by an accompanying person, this person must, if requested, be allowed to provide the necessary assistance at the airport and boarding, disembarkation respectively;
the handling of all types of mobility equipment, including equipment type electric cranes which comply with armchairs in the obligation of prior notice of 48 hours and to possible limitations of space on board the aircraft, as well as the relevant legislation concerning the transport of dangerous goods.
283. In order to facilitate the movement of persons with disabilities between the aircraft and the airport terminal at arrival and departure, the airport management entity should provide, where necessary, the provision of systems for lifting or other appropriate devices, in case of lack of telescopic ramps for passengers.
284. In cooperation with the users, through the airport operators Committee on airport operators, users where one exists, and organisations representing people with disabilities, the airport management entity shall determine, taking into account local conditions, special points of arrival and departure in the airport or at a point under the direct control of the management entity of the airport, both inside and outside terminal buildings, at which persons with disabilities are able to easily announce your arrival at the airport and request assistance. They must be located as close as possible to the entrance and/or exit, and the means of access must be free from obstacles, in order to ensure that the movement on the territory of the airport. The points of arrival and departure must be clearly indicated and provide basic information about the airport in accessible formats.
285. The entity of administration of the airport must create conditions suitable for the parking of transport vehicles for persons with disabilities and disorders to implement measures appropriate to facilitate their movement between parking and airport terminals.
286. In the case of a person with disabilities arriving at an airport in order to travel by air, the airport management entity is responsible for ensuring the payment of assistance specified in paragraph 282, so that the person concerned be able to board the flight for which you hold a reservation, provided the notification of the request for such assistance have been sent to the air carrier , his agent or turoperatorului respectively with at least 48 hours before the published time of departure of the flight in question. This notice aims to achieve a return flight, the flight departure and return flight were contracted at the same air carrier.
2861. Where a notification has not been made in accordance with section 286, airport management entity shall make every effort possible to provide the assistance specified in paragraph 282, so that the person concerned to embark on the flight for which the reservation holds.
2862. Provisions of section 286 shall apply on condition that: 1) person to attend the boarding: a) the expected time in advance and in writing (including by electronic means) by the air carrier, its agent or tour operator; or b) in the event that there is no time, with at least 60 minutes before the published departure time;
2) person to come to a point in the airport, designated in accordance with paragraph 284: a) the expected time in advance and in writing (including by electronic means) by the air carrier, its agent or tour operator; or b) in the event that there is no time, with at least 120 minutes before the published departure time.
2863. The arrival by air of a person with disabilities from an airport to which this chapter applies, the airport management entity is responsible for the provision of assistance referred to in paragraph 282, so that the person can get to the point of departure from the airport as referred to in section 284.
2864. Except for airports which have an annual traffic of less than 150000 commercial passenger movements, airport management entity shall determine and publish quality standards with regard to the assistance specified in paragraph 282 and determine resource requirements for the fulfilment thereof, in conjunction with the users, through the airport operators Committee on airport operators, users where there is , and organizations representing individuals with disabilities. Civil Aeronautics Authority oversees the way in which these standards are respected.
2865. Air carrier and airport management entity may agree that, for the passengers whom the carrier transporting them to and from the airport, the airport management entity to provide assistance to a higher standard than the standards referred to in section 2864 or provide services additional to those specified in section 282.

2866. The entity of administration of the airport itself can provide assistance. In order to fulfill the responsibility of and subject to the obligation of compliance with the quality standards mentioned in section 2864, airport management entity may conclude agreements with one or more other parties for the provision of assistance. In cooperation with the users, through the airport operators Committee on airport operators, users where it exists, the airport management entity may conclude one or more agreements on its own initiative or upon request, including received from an air carrier, and taking into account the existing services at that airport. In the event of the refusal of such a request, the management entity of the airport shall provide written justification.
2867. In turn, the air carrier offers the following types of assistance without additional charge to disabled person departing from an airport, or it docked arrives, provided that the person concerned fulfils the conditions set out in paragraphs 286 and 2862: utility transport dogs in the cabin, and recognized that there will be advising the place a person with disabilities, subject to national regulations or of the air carrier;
outside the medical equipment, transport of up to two assistive devices for a person with disabilities, including electric wheelchairs (subject to the requirement of notice of 48 hours and to possible limitations of space, weight and safety requirements on board the aircraft or with the recognition of respective devices as priority baggage, and subject to the relevant legislation in the field of dangerous goods);
communication of essential information about the flight in accessible formats;
submission of all possible efforts in order to adapt the place assigned to the aircraft to the needs of persons with disabilities as a result of the service request, subject to safety requirements and availability;
support the movement towards the toilets, where necessary;
where a disabled person is assisted by an accompanying person, the air carrier shall make all reasonable efforts to assign the person a place beside the person with disabilities.
2868. air carriers shall ensure that appropriate measures are taken to ensure that passengers with disabilities should have the opportunity to receive information about in-flight services, accessible format.
2869. air carriers shall ensure that aircraft recently put into operation, or after a considerable renewal, must, if the type, capacity and configuration of the aircraft permits, corresponding to the minimum accessibility standards in a uniform manner to the equipment, including arms concealable for chairs, armchairs, toilets are accessible to, and appropriate lighting and icons.
28610. air carriers should provide the operational procedures manuals with regard to the maintenance and transportation of persons with disabilities.
28611. Persons with disabilities should be afforded the right to travel by air without a medical authorization. Air carriers shall be permitted to require persons with disabilities to obtain an authorization for travel by air, except when, for health reasons, it is not clear whether the persons concerned are able to travel and could endanger their health or safety or other passengers.
28612. Persons with disabilities should be given the right to decide personally if they require an attendant. In situations where it is necessary the presence of an escort, the competent public authorities encourage air carriers to grant discounts on transportation of the person as an attendant.
In compliance with the same conditions as referred to in paragraph 273, the air carrier, its agent or a tour operator may require an attendant only where it is quite obvious that the person with a disability is dependent on the caregiver, able to provide the necessary assistance to the person concerned and where it could pose a risk to safety or health, or of other passengers. 
28613. Special attention shall be paid to connecting flights. Assistance in the event of the transfer of persons with disabilities on an aircraft to another aircraft will be delivered in the most efficient manner, depending on the time of connection.
28614. Where a person with disabilities-docked at an airport which is subject to the provisions relating to it, or is transferred by an air carrier or a tour operator from the flight for which they hold the reservation to another flight, airport management entity is responsible for the provision of assistance referred to in paragraph 282, so the person has to be able to take the flight for which you hold a reservation.
Civil Aeronautics Authority 28615. Verify that air carriers, airport management entities and agencies handling to collaborate in the creation and coordination of training qualified personnel for support for persons with disabilities who travel by air. 
28616. air carriers and the airport management entity shall: ensure that all staff, including one employed by any subcontractor, which provides direct assistance to persons with disabilities, holds the knowledge of how accommodating the needs of persons with various disabilities;
ensure training courses in the field of equality and of understanding the needs of people with disabilities for the entire airport staff who interact directly with the public, traveler;
ensuring that all employees at recruitment, we participate in training courses concerning the granting of assistance to persons with disabilities and that staff benefit from refresher courses whenever necessary.
28617. Where the design, mobility equipment and assistive devices are lost or damaged during handling at an airport or during transport on-board the aircraft, the passenger to whom the equipment belongs shall be compensated in accordance with the rules of civil law.
28618. Obligations towards persons with disabilities, in accordance with this chapter, may be the subject of derogations or limitations.
28619. The competent public authorities of the Republic of Moldova shall take measures to inform disabled people about the rights contained in this chapter and on the manner of addressing complaints if they consider that they have been violated.
28620. Disabled Person who considers that his rights have been infringed on their behalf in accordance with this chapter may subject the topic of attention management entity of the airport or air carrier concerned, as appropriate. If the person with disabilities do not get a satisfactory resolution in this way, complaints may be addressed to the Civil Aviation Authority or the Council for the prevention and elimination of discrimination and ensuring equality, where appropriate.
28621. Violations of this chapter, if does not constitute infringement, shall be imposed by the Civil Aviation Authority or the Council for the prevention and elimination of discrimination and ensuring equality in accordance with the powers and procedures laid down by the applicable normative framework. "

Interim Prime Minister Gheorghe BREGA