Decision No. 350-MV-1998

July 9, 1998

File No. U 3570/97-20

BACKGROUND

In its Decision No. 85-MV-1998 dated March 3, 1998, the Canadian Transportation Agency (hereinafter the Agency) made its determination on the application filed by Howard McLaren concerning the refusal by DeNure Tours Ltd. (hereinafter DeNure) to carry his electric scooter on a motor coach tour between the province of Ontario and the region of New England, United States of America.

The Agency found that the refusal constituted an undue obstacle to Mr. McLaren's mobility in that it could have been easily avoided had proper procedures been in place at the time of the incident. DeNure admitted that it should have accommodated Mr. McLaren's mobility aid on the sightseeing tour. DeNure also advised the Agency that the complaint provided the basis for the development of conditions of carriage of electric scooters and that the carrier would pursue the matter with the Ontario Motor Coach Association (hereinafter the OMCA). DeNure advised that it planned to train its motor coach crews on the handling of electric scooters and to provide awareness and sensitivity training for assistance to passengers with disabilities.

In light of DeNure's recognition that it should not have refused Mr. McLaren's scooter and the corrective measures undertaken by the carrier to prevent the recurrence of similar situations, the Agency determined that no further corrective action was required at the time of the decision. The Agency required DeNure to provide it with a progress report on the development and the implementation of the proposed conditions of carriage, as well as a report on the progress made to adopt this code of conduct for motor coach tour operators.

ISSUE

The issue to be addressed is whether or not DeNure's response satisfies the requirements of Decision No. 85-MV-1998.

FACTS

DeNure advises that it has taken action, both internally and externally, to discuss the implications of the Agency's Decision and its new procedures on the carriage of scooters. Internally, it issued bulletins and met with its sales personnel and motor coach crews. DeNure also hired a training consultant with expertise on disability issues to:

1. rewrite the terms and conditions of carriage of scooters in the company's brochures;
2. develop a process which will assist staff in gaining a better understanding of the needs of customers with disabilities during the initial contact at the time of reservation; information on the accessibility of the various components of a tour will be made available to staff in order to better assist customers with disabilities;
3. train the carrier's drivers, tour directors and sales staff with respect to sensitivity, terminology and physical assistance to persons with disabilities; and
4. educate managers on travel trends in Canada, the United States and Europe.

Externally, DeNure continues to work with the OMCA on the development of a code of conduct on the terms and conditions of carriage of electric scooters. DeNure states that the OMCA's experience with respect to the voluntary code of practice for motor coach scheduled services will assist in the development of a code for the tour operators' segment of the motor coach industry. Raymond DeNure is a member of the OMCA Travel/Tour Council who will address the development of the proposed code. DeNure anticipates that the "external" progress will be slower than the "internal" progress in light of the infrequency of Council meetings and the substantial number of other agenda items to be dealt with by the Council.

DeNure submits that, in addition to corrective measures with regard to the carriage of electric scooters, it has undertaken other actions to better understand the special needs of customers with disabilities and to better communicate to these persons information regarding the accessibility and limitations of motor coach sightseeing tours.

ANALYSIS AND FINDINGS

The Agency finds that the report filed by DeNure satisfies the requirements of Decision No. 85-MV-1998. The Agency commends DeNure, as a carrier and tour operator, for the initiatives it has taken to improve the accessibility of motor coach tours for persons with disabilities and is of the opinion that the measures undertaken by DeNure, internally and externally, to enhance the awareness and sensitivity of its personnel and of the motor coach industry, will benefit the travelling public.

CONCLUSION

Based on the above findings, the Agency does not contemplate further action with respect to this file.