On May 10, a netizen posted that his father took a Juneyao Airlines flight from Urumqi to Shanghai for cancer treatment on May 6, and was refused boarding by the airline at the departure airport. My father had to prepare to take the train instead, but the next day he fell at the elevator door of the hotel and died after rescue efforts failed.
On the 10th, Juneyao Airlines responded to reporters that the wheelchair passenger was weak, had difficulty speaking and had no accompanying family members, and after learning that he was suffering from a number of serious illnesses, the family members could not provide proof of fitness to fly, so the airline arranged for the passenger to terminate the trip.
The reporter noted that since last year, the Transportation Department of the Civil Aviation Administration has drafted two drafts for comments, namely the "Regulations on the Management of Air Transport Services for Passengers with Special Needs" and the "Guidelines for Airworthiness Assessment and Risk Management and Control of Passengers".
Family: The elderly man died the next day after being denied boarding by plane
A netizen posted information that his father was a stage 3 lung cancer patient and suffered from grade 3 hypertension. He bought a Juneyao Airlines ticket for his father from Urumqi to Shanghai on May 6 to go to Shanghai for medical treatment. When the father arrived at the boarding gate that day, the airline's ground staff informed him that the elderly man needed to issue a certificate of fitness to board and refused to board him on the grounds that he was unwell. His father had to change his mode of travel, and the next day he fell at the elevator door of the hotel and died after rescue efforts failed.
"Although my father suffered from cancer and high blood pressure, the ground staff of Juneyao Airlines did not let the flight doctor check my father's body, nor did they issue a certificate of refusal to board, or even induce me to refund the ticket." The netizen said that the aviation doctor was not at the scene, nor did he call the airport emergency 120 to check his father's body, nor did he inform him which type of passenger refused to board in Juneyao Airlines' manual, "A series of illegal operations caused my father to be denied boarding and miss the best time for treatment." ”
The netizen also said that he had called the Civil Aviation Administration to complain about Juneyao Airlines and hoped that the relevant departments would deal with it.
Airlines: The family member did not provide proof of fitness to fly
On May 10, the reporter contacted Juneyao Airlines about the incident, and the relevant staff sent a statement of the incident. According to the note, on May 6, before the flight from Urumqi to Shanghai took off, the on-site staff found that a wheelchair passenger was weak and difficult to speak, and there was no accompanying family member. The staff immediately called the family to understand the situation, and after repeated inquiries, the family informed the passenger that he was suffering from a number of serious illnesses. According to the company's careful assessment, the operation time of the outbound route is long, and the cabin altitude and sudden air turbulence can easily lead to further deterioration of the physical condition of passengers, and it is very likely that there will be insufficient ground medical support for emergency diversion.
Juneyao Airlines passenger plane (Source: Juneyao Airlines official website)
Juneyao Airlines said that although the relevant critical illness has met the company's refusal of transportation standards, considering that the passenger is coming to Shanghai for medical treatment, the company requests the passenger's family to provide a certificate of fitness to fly as soon as possible from a regular hospital based on the health and safety of passengers and the transportation requirements of sick passengers. Passengers will be escorted to the boarding gate so that they can board the plane immediately after receiving the boarding certificate. However, until the flight took off, the family members failed to provide relevant certificates.
In summary, the passenger's physical condition on the day is not suitable for travel; "We express our deep condolences for the passenger's unfortunate death the next day, express our condolences to the passenger's family, and we will continue to do a good job in various operational support work to ensure the safe and orderly operation of the flight." ”
Lawyer: Airlines may refuse to board if they have reasonable reasons
Hu Lei, a lawyer at Sichuan Dingqi Law Firm who is familiar with the legal practice of civil aviation, believes that according to the family's disclosure, after Juneyao Airlines refused to take the elderly, the old man fainted before leaving the hotel to take the train, and the rescue was ineffective. As far as this process is concerned, the death of the elderly is not highly related to Juneyao Airlines' refusal to board, and the causal relationship between the two is not direct, and the cause of death of the elderly is more likely to be his own disease from a legal point of view, "but from the perspective of ordinary people in society, Juneyao Airlines' refusal to board still needs to be examined for legality and compliance." ”
Can airlines refuse boarding? Hu Lei said that according to Article 810 of the Civil Code of the People's Republic of China, "carriers engaged in public transportation shall not refuse the usual and reasonable transportation requirements of passengers and shippers", which clarifies that carriers shall not arbitrarily refuse to carry passengers. But in other words, the airline may refuse to board in accordance with the law if there are reasonable reasons and after legal procedures.
Hu Lei said that according to the General Conditions of Domestic Transportation of Passengers and Baggage (March 2024 Edition) published by Juneyao Airlines on its official website, "during the check-in and boarding process, passengers who have serious bleeding, continuous vomiting, continuous moaning, difficulty breathing, sudden fall and other obvious symptoms that are not suitable for boarding" or "those whose vital signs are unstable due to various reasons or suffer from other diseases that are medically deemed unsuitable for boarding" can be refused by airlines in accordance with the law.
Hu Lei further said, "Juneyao Airlines does have detailed regulations on the conditions for refusal to issue tickets for seriously ill patients, and cancer and hypertension stage III are obviously serious illnesses and are legal conditions in the form of refusal to board." However, there is no evidence to confirm whether Juneyao Airlines has detailed the health risks of passengers taking flights by medical professionals during the entire assessment process. ”
The Civil Aviation Administration of China (CAAC) drafted two drafts for comments last year
The reporter's inquiry found that many airlines have clear regulations on whether sick passengers can take flights. For example, China Southern Airlines has the right to refuse to transport passengers and their baggage for safety reasons or according to its own reasonable judgment for all kinds of serious illnesses. CEA also stipulates that CEA may, in its reasonable judgment, refuse to transport a Passenger and his/her Baggage who already holds a Ticket if the Passenger's behavior, age, mental or physical condition is unsuitable for air travel, or may pose any threat or harm to himself or herself or to other persons or property.
The Ministry of Transport's Regulations on the Administration of Passenger Services for Public Air Transport also clearly stipulates: "Passengers or articles prohibited from being transported in accordance with relevant national regulations; Passengers who refuse to submit to security checks; Baggage that has not been checked by security; other circumstances stipulated by the state", the airline shall refuse to carry it. In addition, the aforementioned documents also stipulate that the carrier has the right to refuse carriage if the passenger's behavior may endanger flight safety or public order.
Since last year, the Transportation Department of the Civil Aviation Administration of China (CAAC) has drafted two drafts for public comment, namely the Regulations on the Administration of Air Transport Services for Passengers with Special Needs and the Guidelines for Airworthiness Assessment and Risk Management and Control of Passengers.
The Provisions on the Administration of Air Transport Services for Passengers with Special Needs (Draft for Comments) stipulates that carriers (airlines) shall not set other restrictions on the refusal to transport passengers with special needs, except that the physical condition of passengers with special needs may affect aviation safety or their own physical health. When the carrier refuses to transport a passenger with special needs, it shall explain the basis for the refusal.
According to the drafting notes of the Guidelines for Airworthiness Assessment and Risk Management of Passengers, at present, there is a lack of unified and authoritative guidelines for airworthiness assessment and risk management of passengers on flights. The guidelines clarify that passengers are the first person in charge of health and should fulfill the obligation to declare health information; In accordance with the Guidelines, the Carrier shall formulate detailed passenger boarding standards and publish them in a conspicuous manner.
Drafting instructions for the "Guidelines for Airworthiness Assessment and Risk Management and Control of Passengers" (Source: Civil Aviation Administration official website)
The Guidelines for Airworthiness Assessment and Risk Management and Control of Passengers (Draft for Comments) put forward suggestions on whether passengers can take the flight based on the severity of various diseases. In this draft for comments, it is stipulated that passengers with high blood pressure control stable at <180/120mmHg and no symptoms, can take the flight, it is recommended to bring medicine with them, but if hypertension is accompanied by symptoms and blood pressure ≥ 180/120 mmHg, it is not appropriate to fly; Passengers suffering from lung cancer can travel during the asymptomatic period (radiotherapy or chemotherapy treatment), but patients with severe hemoptysis, carcinomatous lymphangitis or superior vena cava obstruction, and patients with advanced cancer may have systemic diseases accompanied by potentially serious pulmonary complications.
The drafting instructions of the "Guidelines for Airworthiness Assessment and Risk Management and Control of Passengers on Flight" finally stated that in response to the hot issues of public opinion on the refusal of airlines to carry patients with terminal diseases, the guidelines advocate the concept of people-oriented humanization, and put forward aeromedical advice for patients with terminal illnesses who know the risks of taking the flight and still insist on applying for flight, requiring humanitarian assistance to be given as much as possible without affecting the normal operation of the flight and aviation safety, as well as the health and safety of other passengers, and taking medical escort according to their condition and health status. Measures such as bringing first-aid medication or equipment.