Decision No. 246-AT-A-1999
May 17, 1999
APPLICATION by Ed Parkhill pursuant to subsections 172(1) and (3) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the refusal by Air BC Limited carrying on business as AirBC to allow him to travel without an attendant on Flight No. AC1837 operated on January 4, 1999 from Regina, Saskatchewan, to Calgary, Alberta.
File No. U3570/99-1
APPLICATION
Ed Parkhill filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title. The application was received on January 15, 1999. Air BC Limited carrying on business as AirBC (hereinafter AirBC) filed its answer to the application on February 17, 1999. Mr. Parkhill did not reply to the answer.
ISSUE
The issue to be addressed is whether the refusal by AirBC to allow Mr. Parkhill to travel without an attendant constituted an undue obstacle to his mobility and, if so, what corrective measures should be taken.
FACTS
Mr. Parkhill has multiple sclerosis and uses a wheelchair.
Travel arrangements for Mr. Parkhill's round trip between Calgary and Regina were made by a travel agency within its Apollo reservation booking system and then transmitted directly into AirBC's computerized reservation system. Mr. Parkhill was booked to travel on AirBC Flight No. AC1940 from Calgary to Regina and on Flight No. AC1837 from Regina to Calgary.
Mr. Parkhill's passenger name record shows the message "OSIAC PASSENGER TOTAL PARAPLEGIC...". It also shows the code "WCHC" which indicates that the passenger requires assistance during boarding and deplaning and the use of an onboard wheelchair within the passenger cabin.
Mr. Parkhill travelled as planned from Calgary to Regina without an attendant. On the return flight, Mr. Parkhill was informed by the flight attendant that the pilot would not allow him to travel on this flight without an attendant.
Mr. Parkhill was directed to return to the ticket counter where he was given his luggage, was reimbursed $75.00 for the unused portion of his return ticket and was left on his own to seek an alternate flight to Calgary.
Mr. Parkhill purchased a ticket at a cost of $182.97, and travelled from Regina to Calgary with WestJet Airlines Ltd.
POSITIONS OF THE PARTIES
Mr. Parkhill submits that he does not have paraplegia. Mr. Parkhill states that he is able to transfer from his own wheelchair to an onboard wheelchair and then to the aircraft seat independently. In his opinion, AirBC assumed that he needed more assistance than he actually requires.
Mr. Parkhill is concerned about being denied boarding on the inbound leg of his return trip because he was travelling unaccompanied, especially after having been allowed to travel without an attendant on the outbound flight. Mr. Parkhill submits that if such a policy exists, it should be applied in a consistent manner by all employees of the air carrier and travel agencies should be informed of this policy. Mr. Parkhill indicates that he has travelled by air in the past without being required to travel accompanied and wants assurance that he will be able to continue to do so in the future.
Mr. Parkhill seeks compensation in the amount of $107.97, being the difference between the reimbursement received from AirBC for the unused portion of his ticket and the cost of the ticket that he purchased to travel with WestJet Airlines Ltd.; an apology from AirBC; and a return ticket for transportation with the air carrier anywhere in Canada as a complimentary gesture.
AirBC apologizes for the distressing situation Mr. Parkhill experienced and assures him that corrective measures were undertaken to prevent the recurrence of similar incidents.
AirBC explains that various factors led to the inaccurate assumption made regarding the nature of Mr. Parkhill's disability and to the final decision made by its cabin crew to refuse to transport him on Flight No. AC1837.
With respect to the message appearing in Mr. Parkhill's passenger name record, AirBC regrets the entering of this inaccurate information into the passenger's file by the travel agency and the fact that the check-in agents did not challenge and correct this information with Mr. Parkhill. AirBC advises that, based on standard booking practices, its Airport Customer Service agents would not see such information in a passenger's reservation file unless one of its representatives had received and confirmed this information with the passenger personally.
With respect to the "WCHC" code, a follow-up entry is normally added into the computer system to further assist its personnel to identify the passenger as being either self-reliant or non self-reliant. Pursuant to its self-reliance determination policy, Air BC's airport agents are instructed to accept the determination made by a customer that he/she does not require any extraordinary service during flight and does not need to travel with an attendant. In this respect, AirBC indicates that at check-in, its airport agents recognized Mr. Parkhill's independence in allowing him to travel unaccompanied.
In the course of its inquiry, AirBC discovered that its Flight Attendant Manual, which is approved for use by Transport Canada, provides, erroneously, that "Under no circumstances will a WCHC-designated passenger be permitted to travel without an attendant". AirBC states that this unfortunate wording reflects its previous policy which was applied prior to the establishment of its self-reliance determination policy. AirBC recognizes that the editing oversight in the revision of its manual led to the decision made by its cabin crew to not allow Mr. Parkhill to travel on the subject flight.
AirBC provided a copy of a bulletin that was issued on February 5, 1999 to all of its flight attendants which corrects the text found in the Flight Attendant Manual and informs them that they are no longer expected to determine whether a passenger who uses a wheelchair requires an attendant as this assessment will now be made at check-in upon direct consultation with the passenger. This bulletin was approved by Transport Canada on February 9, 1999, has been incorporated into AirBC's Flight Attendant Manual and will remain in effect until the formal approved revision is made within the procedural text of the manual. In addition, AirBC advises that this new directive will be addressed with all flight attendants during this year's refresher training sessions. AirBC also advises that a bulletin will be issued to all check-in agents reminding them of the need to assess if the passengers require assistance on the ground and onboard the aircraft and of the importance of open communication with the passengers in making these determinations.
In full acknowledgement of its responsibility for the difficulties encountered by Mr. Parkhill, AirBC agrees to compensate him for the difference in fare which he was required to pay in order to return to Calgary with WestJet Airlines Ltd. Finally, as a gesture of goodwill, AirBC is also prepared to extend a complimentary system-wide ticket to Mr. Parkhill which may be used anywhere in western Canada onboard AirBC.
ANALYSIS AND FINDINGS
In making its findings, the Agency has reviewed all of the material submitted by the parties during the pleadings.
Pursuant to section 154 of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), air carriers must accept the determination made by or on behalf of a person with a disability that the person does not require any extraordinary service during a flight.
The Agency notes that AirBC does have policies regarding the transportation of persons with disabilities which include the acceptance of a person's determination that he/she does not require any service not normally offered by the carrier and can travel without an attendant. This is substantiated by the fact that AirBC's check-in agents in both Calgary and Regina did not refuse to transport Mr. Parkhill on either Flight No. AC1940 or Flight No. AC1837 because he was travelling alone. Mr. Parkhill was however denied boarding by the cabin crew onboard Flight No. AC1837 as the Flight Attendant Manual used by the crew provided, erroneously, that he was required to travel with an attendant. Accordingly, the Agency finds that the decision made by AirBC's cabin crew to not accept the determination made by Mr. Parkhill that he did not require any extraordinary service during the flight and could travel alone constitutes a contravention of section 154 of the ATR.
AirBC has acknowledged that its self-reliance determination policy was not accurately conveyed in its Flight Attendant Manual and that an inaccurate directive contained therein led to the inconsistent assessment made by its cabin crew concerning Mr. Parkhill's ability to travel without an attendant. Consequently, the Agency finds that Mr. Parkhill's denied boarding on Flight No. AC1837 constituted an obstacle to his mobility in that it prevented him from travelling as planned on the subject flight and forced him to purchase a ticket to travel to Calgary with another carrier at a higher cost. The Agency further finds that this obstacle was undue in that it could have been easily avoided had AirBC's policies and procedures with respect to the acceptance of persons with disabilities for travel been accurately reflected in its Flight Attendant Manual and properly applied by all employees.
The Agency notes that AirBC has corrected the inaccurate directive contained in its Flight Attendant Manual regarding its self-reliance determination policy by way of the issuance of a bulletin to all of its flight attendants. This bulletin was approved by Transport Canada and currently forms part of AirBC's Flight Attendant Manual. It is also noted that the carrier's policy will be reviewed with all flight attendants during this year's refresher training sessions.
On the issue of compensation, it should be noted that on determining that there is an undue obstacle to the mobility of persons with disabilities, the Agency may, pursuant to subsection 172(3) of the Canada Transportation Act, direct that compensation be paid for any expense incurred by a person with a disability arising out of the undue obstacle. Accordingly, in the case at hand, the Agency determines that the additional cost incurred by Mr. Parkhill to travel with WestJet Airlines Ltd. from Regina to Calgary constitutes an expense incurred as a result of the undue obstacle and, as such, should be reimbursed to the passenger. In this respect, the Agency notes that AirBC has agreed to issue compensation to Mr. Parkhill in the amount of $107.97, being the difference between the reimbursement received from AirBC for the unused portion of his ticket and the cost of the ticket that he purchased to travel with WestJet Airlines Ltd.
The Agency has reviewed the corrective measures undertaken by AirBC as a result of the complaint and is satisfied that they should help to prevent the recurrence of situations similar to the one experienced by Mr. Parkhill. The Agency is also satisfied that the refresher training sessions to be conducted this year with the flight attendants will provide them with an additional opportunity to review and assess the carrier's policies, the services that AirBC provides to persons with disabilities and the principle of accepting a person's determination of his/her own self-reliance, which should assist in eliminating undue obstacles to the mobility of persons with disabilities. The Agency takes note of AirBC's indication that a bulletin was to be issued to its check-in agents to remind them of the need to assess, in direct consultation with the passenger with a disability, the level of assistance required on the ground and onboard the aircraft and whether he/she requires an attendant, and hereby requests that AirBC provide it with a copy of that bulletin upon issuance.
CONCLUSION
Based on the above findings, AirBC is hereby required to provide the Agency, within thirty (30) days from the date of this Decision, with a copy of the bulletin issued to check-in agents to remind them of the need to discuss with the passengers to assess the level of assistance required on the ground and onboard the aircraft, and to determine whether they require an attendant.
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