Decision No. 350-AT-A-1999
June 17, 1999
APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the lack of a TTY (telephone-teletype for persons with a hearing impairment) reservation number in Air Saint-Pierre, S.A.'s timetable effective from April 5 to October 31, 1998.
File No. U 3570/99-7
APPLICATION
Elliott Richman 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 February 17, 1999.
Air Saint-Pierre, S.A. (hereinafter Air Saint-Pierre) filed its answer to the application on March 24, 1999 and Mr. Richman filed his reply on April 27, 1999. Additional comments were filed by both parties.
ISSUE
The issue to be addressed is whether the lack of a TTY reservation number in Air Saint-Pierre's timetable constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.
FACTS
Mr. Richman is deaf and uses a TTY to communicate. In September 1998, Mr. Richman consulted Air Saint-Pierre's timetable to make a reservation to travel between Halifax, Nova Scotia and Saint-Pierre-et-Miquelon. The timetable provided a 1-800 reservation number but did not provide a TTY reservation number.
POSITIONS OF THE PARTIES
Mr. Richman submits that, since all his telecommunications are made through TTY, the absence of such a number in the carrier's timetable subjected him to undue hardship. He requests that all future Air Saint-Pierre timetables list and clearly identify a TTY reservation number. Mr. Richman also submits that the carrier's reservation office should be equipped with a TTY in good working order and that the TTY reservation line should be answered by staff knowledgeable with the operation of such a device.
Air Saint-Pierre submitted a copy of its new timetable, effective from April 4 to October 30, 1999, which now indicates a 1-800 TDD reservation number for persons with a hearing impairment. On March 25, 1999, Agency officials verified the Air Saint-Pierre's TDD reservation number and found that it was answered by a Canadian Airlines International Ltd. employee, on behalf of Air Saint-Pierre, and that this service has been available for several years.
In reply, Mr. Richman asked that the TDD reference in the timetable be replaced with the designation TTY, and that Air Saint-Pierre indicate in its next reprinting of its timetable that the TTY reservation number is available in the United States of America, as well as in Canada. These comments were provided to Air Saint-Pierre by Agency staff.
ANALYSIS AND FINDINGS
In making its findings the Agency has considered all the material submitted by the parties during the pleadings.
The Agency finds that the absence of a TTY reservation number in Air Saint-Pierre's timetable constituted an obstacle to Mr. Richman's mobility. The Agency further finds that this obstacle was undue in that it could have been easily avoided had the carrier, in its own timetable, advertised a service that it is providing. The Agency is concerned that while the service was available there was no advertising of this service to the travelling public who would need it.
While the TTY number was not listed in the timetable at the time of Mr. Richman's attempts to reach Air Saint-Pierre, the Agency notes that the carrier has taken appropriate corrective measures and has now published its TTY reservation number in its timetable. The Agency would suggest that Air Saint-Pierre review any other public documentation which provides the public with contact numbers to ensure that a TTY number is also provided.
The Agency finds that the measures undertaken by Air Saint-Pierre with respect to TTY reservations service address the concerns raised by Mr. Richman in his complaint of February 17, 1999, and that no further action is required. The comments provided by Mr. Richman with respect to wording and clarification of the TTY-related information contained in Air Saint-Pierre's new timetable have been provided to the carrier for consideration at the next reprinting.
These findings are also consistent with the Agency's position expressed in its report entitled Communications Barriers: A Look at Barriers to Communication Facing Persons with Disabilities who Travel by Air, released on November 20, 1997. This report was issued in response to consumer concerns and following consultation with air carriers, airports and groups and individuals who represented persons with sensory or cognitive disabilities. It contains twenty-five (25) recommendations made to the air industry as well as measures put forward by the Agency to ensure implementation of its recommendations. The Agency established in Recommendation 2 that all air carriers must outline in a clear and concise Alternative Format Policy how they will provide to persons with disabilities information that is otherwise available to the general public. In this respect, it was recommended among other things that this policy always provide for an alternative way to communicate with the carrier in public communications, such as a TTY number to contact the carrier for information, and that the TTY number be displayed along with the voice number in seat sale advertisements or other information. The report further recommends that, in refresher training, emphasis be placed on the importance of personnel having a working knowledge of services and policies offered by air carriers including communication of information issues.
CONCLUSION
The Agency finds that there was an undue obstacle to Mr. Richman's mobility. However, in light of the corrective measures undertaken by Air Saint-Pierre, no further action is contemplated in this matter.
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