Cruises

With all this talk about cruise ship regulations in the past few weeks, I decided it was time for some up-close-and-personal editorial research, so today Charles and I are sailing away on Holland America’s Westerdam.

This southern Caribbean cruise is slated to call on Aruba, Curacao and Coco Cay (HAL’s Private Island). My goal is not only to check out the public areas, tender and accessible cabins on the Westerdam, but also to investigate new shore excursion possibilities at the ports of call. Accessible transportation is limited in the Caribbean, but with a little research I was able to dig up a few new possibilities, and to that end I’ve lined up appointments with a couple of accessible shore providers. I’m also looking forward to checking out the access on (and to) Coco Cay.

It will be a busy week, and in between access inspections I also plan to get a good chunk of work done on my next book. I figure with three days at sea, internet access and my laptop I’ll have a good shot at getting some serious work done.

Bon Voyage.

As promised, here are my comments to the DOT regarding their proposed rules on passenger vessel access. Instructions for submitting your own comments are contained at the end of this letter.

RE: Docket Number OST 2007-26829

I’d like to respond to the DOT proposed rules for Transportation for Individuals with Disabilities on Passenger Vessels.

Specifically I’d like to address section 39.35 and the issue of if disabled passengers should be required to provide medical documentation in order to book an accessible cabin.

For the record, I’m opposed to the idea of requiring any type of medical documentation from disabled passengers who want to book an accessible cabin. Self-identification as a disabled passenger should be adequate.

As the DOT pointed out in section 39.31, most disabilities are not medical conditions; so I think it’s reasonable to expect that many people aren’t under a doctor’s care just because they use a wheelchair. In those cases, I think it would be a hardship for them to provide medical documentation of their disability. People shouldn’t have to go to a doctor, just to go on vacation.

Furthermore, as the editor of an accessible travel magazine, it’s been my experience that the problem with able-bodied people booking accessible cabins doesn’t stem from the fact that able-bodied passengers actually lie about a non-existent disability. Cruise lines and travel agents just put them in these cabins if they are available, and tell them that they will move them if a disabled person needs the cabin. This of course never happens because the cruise lines don’t have a mechanism for keeping track of able-bodied passengers booked in accessible cabins.

Plus let’s face it, if an able-bodied person wants their doctor to lie about a non-existent disability just so they can get an accessible cabin (or any other perceived perk), in most cases the doctor will comply. It happens all the time with disabled parking placards.

The bottom line is, requiring disabled passengers to produce medical documentation just to book an accessible cabin is an undue burden, and in the end it really won’t make a difference. This burden should be instead placed on the cruise lines to adequately identify able-bodied passengers who book accessible cabins, and be ready to move them should a disabled passenger give the appropriate (72 hour) notice.

Again, you shouldn’t have to go to the doctor, just to go on vacation.

And here’s how to submit your own comments:

All comments should be identified by docket number (OST 2007-26829) and can be mailed to:

Docket Management System
US Department of Transportation
400 Seventh St., SW
Nassif Building, Room PL-401
Washington, DC 20590-0001

Comments can also be faxed to (202) 493-2251.

And if you’d like to submit your comments electronically, visit https://dms.dot.gov/submit/dspSubmission.cfm.

I received a rather lengthy e-mail from a reader who disagrees with me (and the DOT) regarding the proposed cruise ship guidelines recently issued by the DOT. To be fair, the e-mail was perfectly polite, however the reader stated that she thinks it’s a bad idea for people not to have to divulge their disability if they don’t require any access accommodations. She cites safety issues as the reason, and says that the captain should be made aware of all people who may need assistance during an emergency.

She goes on to say that with the popularity of cruises, one day there will be a major accident and if a “physically challenged” passenger is injured or looses their life, they will most likely sue the cruise line because they didn’t provide adequate assistance. I believe she also thinks that the number of disabled passengers should be limited.

Personally, I don’t think you should be compelled to provide any information about your medical condition unless you request accessible services; and even then I think the disclosure should me minimal, such as the fact that a passenger uses a wheelchair. Sure if you want to tell the cruse line you will need assistance in the case of an emergency, you should be able to do that, but not required to do so. I believe it’s a personal choice.

As far as passengers suing the cruise lines, well to be frank, ships just don’t sink for no reason, so I do believe the cruse lines are probably liable in most cases. And if you are injured or killed because of their negligence you should be able to sue, no matter if you are able-bodied or disabled.

I think the DOT made a good call. The only reason you should have to disclose your disability is if you need accessible services. If you use a scooter that fits into a standard cabin, there is really no reason you should have to tell the cruise line about your disability. After all, you don’t need anything from them. It’s a slippery slope - once you open the door, the next thing you know they’ll be requiring medical records. And that’s something I don’t want to see ever happen!

The DOT weighed in on cruise pricing in the recently released proposed rules regarding passenger vessel access for vessels subject to the Americans with Disabilities Act.

First and foremost the proposed rules state that price discrimination is forbidden. That comes as no big surprise; however it was a little surprising how they interpreted the rules.

In one example they stated that if a wheelchair-user needs help to board the ship because the gangway is too steep, it would not be appropriate for employees who provide this assistance to solicit tips. That seems fair, in the respect that this is only the case if the gangway is too steep to allow independent access. But what if a person is unable to wheel themselves up a standard gangway? Can the people assisting that person solicit tips? It appears so, as the defining factor in this example is “if the gangway is too steep to be boarded by a wheelchair-user without assistance”. Be that as it may, I think that folks will solicit tips no matter what. Still I applaud the regulation as it attempts to address an inequity.

In another example the rules state that if a customer wants to book an accessible inside cabin, but the only accessible cabins on that particular ship are the more expensive outside cabins, then the cruise line must give that cabin to the customer at the cheaper (inside cabin) price. That seems fair, and hopefully it will encourage the cruise lines to include accessible cabins in all price ranges.

All in all, I think the DOT did a pretty good job on the proposed rules. Now if we can just get the Access Board to finalize their rules, we’ll really be cooking with gas!

The Department of Transportation (DOT) is attempting to deal with the age-old issue of able-bodied passengers booking accessible cruise ship cabins; in their recently released proposed rules regarding passenger vessel access for vessels subject to the Americans with Disabilities Act.

Boy was that ever a mouthful! Which is why I’m blogging about it. Nothing the government releases is ever easy for consumers to understand.

Simply put, the DOT is strongly opposed to passengers having to provide any type of medical certification in order to board the ship; however they are seeking comments from the public in regards to if documentation should be required for passengers who want to book an accessible cabin.

As the DOT clearly states in the proposed rules, “Most disabilities are not medical conditions. A person is not ill because he or she cannot see, hear or walk, and applying a medical model to many disabilities is inappropriate.” And in section 39.31 of the proposed rules, the DOT further states that under normal circumstances medical certification should not be required of disabled passengers.

In short, this means that you don’t have to get a note from your doctor stating that you are fit to cruise just because you happen to use a wheelchair . In fact, under the proposed rules, you don’t even have to tell the cruise line that you have a disability, unless you need special services. I expect special services could mean wheelchair assistance in boarding or maybe some medical equipment such as a raised toilet seat or a commode chair.

But what if you need an accessible cabin? Well that issue is addressed in section 39.35. Under the proposed rule, everyone reserving an accessible cabin will be informed that if a disabled passenger makes a reservation at least 72 hours prior to departure and requests an accessible cabin, then able-bodied passengers who had previously reserved accessible cabins would be moved.

So do passengers who want to book an accessible cabin have to provide medical documentation of their disability? The DOT is silent on that matter and seeks comments from the public on that issue. As the proposed rules are written, no medical documentation is required.

Personally I’m OK with that. I think that self-identification as a person with a disability should be adequate. As the DOT pointed out in section 39.31, most disabilities are not medical conditions; so I think it’s reasonable to expect that many people aren’t under a doctor’s care just because they use a wheelchair. In that case, I think it would be a hardship for them to provide medical documentation of their disability. Let’s face it, a lot of folks simply don’t believe in western medicine and don’t have a regular family doctor.

Furthermore, I don’t think the problem with able-bodied people booking accessible cabins stems from the fact that they are lying about a non-existent disability. Cruise lines and travel agents just put them in these cabins if they are available, and tell them that they will move them if a disabled person needs the cabin. This of course never happens because the cruise lines don’t really have a mechanism for keeping track of able-bodied passengers booked in accessible cabins.

Plus let’s face it, if an able-bodied person wants their doctor to lie about a non-existent disability just so they can get an accessible cabin, in most cases the doctor will comply. It happens all the time with disabled parking placards.

But I digress. The bottom line is, requiring disabled passengers to produce medical documentation just to book an accessible cabin is an undue burden, and in the end it really won’t make a difference. The burden should be instead placed on the cruise line to adequately identify able-bodied passengers who book accessible cabins, and be ready to move them should a disabled passenger give the appropriate (72 hour) notice.

And that’s what I’m going to tell the DOT.

And I encourage you to submit your comments too.

All comments should be identified by docket number (OST 2007-26829) and can be mailed to:

Docket Management System

US Department of Transportation

400 Seventh St., SW

Nassif Building, Room PL-401

Washington, DC 20590-0001

Comments can also be faxed to (202) 493-2251.

And if you’d like to submit your comments electronically, visit https://dms.dot.gov/submit/dspSubmission.cfm.

Let your voice be heard on this very important issue.