We need a revolt against the crackdown on CPAP use
May 31, 2016, 8:06 am
#1
Original Poster
Join Date: Apr 2005
Posts: 9
We need a revolt against the crackdown on CPAP use
I've used CPAP for 20 years, on hundreds of flights, but a few years ago problems started emerging, and I bet the rest of you have seen them too. The FAA, thinking it was helping, in 2009 issued 14 CFR 382, the so-called "non-discrimination on the basis of disabilities" rule. It has done anything but help. It grouped CPAP machines together with much more serious medical devices like oxygen concentrators and ventilators. While the goal may have been to make it easier to fly, this grouping and caused many (but not all) airlines to add a whole bunch of barriers to use of CPAP in flights.
The regulations allowed, but did not require the airlines to put on certain restrictions, such as requiring you to carry enough battery for 1.5x the flight duration, to require inspection of the equipment, to demand early check in and in a gross misinterpretation, to require 48 hours advance notice before use on a flight.
Some airlines do nothing, and just let you use it in flight, sometimes asking for the sticker or letter that says it meets electronic emissions requirements. These are the good airlines. A very few airlines let you indicate you have the machine online when purchasing a ticket or after. A number of airlines require you to phone their call center (which can mean very long hold times and untrained agents) to get the entry in your file. And some (such as AA) insist you call their disability special needs center for every flight. AA even asked "will you be using it during takeoff and landing?" That's technically possible, I guess, but it's hard to imagine anybody doing it and suggests they really don't understand what the machines are.
In addition, some FAs are misinformed. One FA on Air Canada woke me up to tell me I could not use it, and later apologized (after a flight with low sleep.)
The bureaucracy of this is annoying, and can be very time consuming, and in theory presents a problem if you book a flight less than 48 hours in advance, though in practice that has not yet been a problem. More annoying is the fact that many airlines disable online check-in or even attempt to move up the check-in deadline. I often fly without checked luggage because I don't want the risk of missing an in-person check in deadline, which can be as much as an hour before the flight. In spite of the claim that they wish to inspect the machine, I have never once had them even ask about it at the check-in counter.
The FAA's lumping of CPAP with oxygen concentrators leads to the strange battery requirement. For a device you need to maintain health all the time, the battery requirement makes sense. CPAP is used only when you sleep, which is very unlikely to be more than 8 hours on a given flight. In fact, in a pinch, almost everybody can even not sleep at all, and they certainly can sleep well under 8 hours with some annoyance, but not difficulty. In fact, many CPAP patients can sleep without their CPAP with minimal risk (and often did for years before being prescribed) they just don't sleep very well. Only a few have such a severe condition that it would be classed as "dangerous" to sleep without it.
To wit, I normally power mine from the seat plug (I fly over 200k miles/year, usually in biz class, ie. I'm the sort of customer most airlines want.) Seat plugs sometimes fail, so you may want to carry a battery, but for many, accepting that we will get only 4-5 hours of CPAP seat that one time in 20 the seat power fails is perfectly reasonable risk/weight trade-off. This is entirely unlike the rules around things like ventilators.
A few airlines refuse to let you use seat power. On those, it is wise to bring a battery good for what you need (6-8 hours for most,) but you don't need more even on a 16 hour super-long-haul. Most travel CPAPs, the kind without build in humidifiers, use a power supply smaller than any laptop power supply. In fact, all of mine can be powered by the same power supply I bring for my laptop -- that's a deliberate choice. As such, it is silly the airlines object to such power supplies being plugged in, since they don't question using them for laptops.
Before these FAA regs, there was one pro-CPAP regulation, which allowed you to bring you CPAP as extra carry-on baggage, above your limit. That's nice, though I have never made use of that because I use a very tiny travel CPAP. I would gladly give that up to get rid of this new bureaucracy.
We need a revolt. We need to make it clear to the FAA, and the airlines that are not good actors, that:
How do we find the people at these airlines who are making these policies, and help them understand they misread what the FAA wrote, and that other airlines are not making it such a burden. Can we act together or are will left to put up with this?
Strangely, the misinterpretation of battery rules is also causing CPAP pax to bring far more lithium on board planes than they need, something the FAA is trying to reduce in other parts of its regulations.
The regulations allowed, but did not require the airlines to put on certain restrictions, such as requiring you to carry enough battery for 1.5x the flight duration, to require inspection of the equipment, to demand early check in and in a gross misinterpretation, to require 48 hours advance notice before use on a flight.
Some airlines do nothing, and just let you use it in flight, sometimes asking for the sticker or letter that says it meets electronic emissions requirements. These are the good airlines. A very few airlines let you indicate you have the machine online when purchasing a ticket or after. A number of airlines require you to phone their call center (which can mean very long hold times and untrained agents) to get the entry in your file. And some (such as AA) insist you call their disability special needs center for every flight. AA even asked "will you be using it during takeoff and landing?" That's technically possible, I guess, but it's hard to imagine anybody doing it and suggests they really don't understand what the machines are.
In addition, some FAs are misinformed. One FA on Air Canada woke me up to tell me I could not use it, and later apologized (after a flight with low sleep.)
The bureaucracy of this is annoying, and can be very time consuming, and in theory presents a problem if you book a flight less than 48 hours in advance, though in practice that has not yet been a problem. More annoying is the fact that many airlines disable online check-in or even attempt to move up the check-in deadline. I often fly without checked luggage because I don't want the risk of missing an in-person check in deadline, which can be as much as an hour before the flight. In spite of the claim that they wish to inspect the machine, I have never once had them even ask about it at the check-in counter.
The FAA's lumping of CPAP with oxygen concentrators leads to the strange battery requirement. For a device you need to maintain health all the time, the battery requirement makes sense. CPAP is used only when you sleep, which is very unlikely to be more than 8 hours on a given flight. In fact, in a pinch, almost everybody can even not sleep at all, and they certainly can sleep well under 8 hours with some annoyance, but not difficulty. In fact, many CPAP patients can sleep without their CPAP with minimal risk (and often did for years before being prescribed) they just don't sleep very well. Only a few have such a severe condition that it would be classed as "dangerous" to sleep without it.
To wit, I normally power mine from the seat plug (I fly over 200k miles/year, usually in biz class, ie. I'm the sort of customer most airlines want.) Seat plugs sometimes fail, so you may want to carry a battery, but for many, accepting that we will get only 4-5 hours of CPAP seat that one time in 20 the seat power fails is perfectly reasonable risk/weight trade-off. This is entirely unlike the rules around things like ventilators.
A few airlines refuse to let you use seat power. On those, it is wise to bring a battery good for what you need (6-8 hours for most,) but you don't need more even on a 16 hour super-long-haul. Most travel CPAPs, the kind without build in humidifiers, use a power supply smaller than any laptop power supply. In fact, all of mine can be powered by the same power supply I bring for my laptop -- that's a deliberate choice. As such, it is silly the airlines object to such power supplies being plugged in, since they don't question using them for laptops.
Before these FAA regs, there was one pro-CPAP regulation, which allowed you to bring you CPAP as extra carry-on baggage, above your limit. That's nice, though I have never made use of that because I use a very tiny travel CPAP. I would gladly give that up to get rid of this new bureaucracy.
We need a revolt. We need to make it clear to the FAA, and the airlines that are not good actors, that:
- CPAPs are not at all like oxygen concentrators or respirators. They are only needed while sleeping.
- Many patients can voluntarily abstain from CPAP use or sleeping in the event they don't get seat power, or bring only a small battery. It should be up to them.
- Most travel CPAPs are no worse for emissions or power supply load than any laptop, in fact they are usually lower in power need
- Sleep Apnea barely qualifies as a "disability." It is a medical condition which is treated by a small device. It's more akin to needing to bring a prescription or a cane
- If you are going to insist we do bureaucracy, let us record our CPAP needs in our frequent flyer profile, and easily (and automatically) apply it to every flight
- Don't take away my precious online-checkin ability!
- But better still, be like the more friendly airlines that don't require any hassle at all. If they don't need to hassle passengers, why do you?
How do we find the people at these airlines who are making these policies, and help them understand they misread what the FAA wrote, and that other airlines are not making it such a burden. Can we act together or are will left to put up with this?
Strangely, the misinterpretation of battery rules is also causing CPAP pax to bring far more lithium on board planes than they need, something the FAA is trying to reduce in other parts of its regulations.
May 31, 2016, 6:51 pm
#2
Join Date: Sep 2006
Location: South Florida, USA
Programs: AA PPRO (OW Emerarld), BA Silver, DL PM
Posts: 491
While I wholeheartedly agree with your premise the only way to effect change among the airlines is to hit them repeatedly in the pocket. Have you filed and DOT complaints? What were the outcomes? You've listed many occurrences of airlines/security interfering with your CPAP and for someone that flies 200k miles a year you should have a level of status that allows you to contact your airline's customer relations people directly.
If you haven't yet please file a DOT complaint at https://www.transportation.gov/airco...umer-complaint
for as many recent flights as you were affected.
I hope that you will come back and share with us how the DOT finds. If they deter,mine that a federal statute or regulation were violated, than you can take the airline to state court and seek monetary damages.
If you haven't yet please file a DOT complaint at https://www.transportation.gov/airco...umer-complaint
for as many recent flights as you were affected.
I hope that you will come back and share with us how the DOT finds. If they deter,mine that a federal statute or regulation were violated, than you can take the airline to state court and seek monetary damages.
May 31, 2016, 9:19 pm
#3
Original Poster
Join Date: Apr 2005
Posts: 9
I doubt a regulation was violated. As noted, when the FAA published CFR 382, they suggested CPAPs be treated like ventilators and oxygen concentrators. They permitted the airlines to demand these things. The irony is that before the CFR, the airlines were not demanding much of anything, but now they have written cumbersome rules where none existed or were needed before. Sadly, I doubt the airlines have a legal duty to give me online check-in or hassle-free booking. They are taking it away for no reason because the FAA made them think they needed to.