Decision No. 356-AT-A-1999
Follow-up - Decision No. 20-AT-A-2000
June 21, 1999
APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10 concerning the absence of a TTY (telephone-teletype device used by persons who are deaf or hard of hearing) reservation number in Bearskin Lake Air Service Ltd.'s timetable.
File No. U3570/99-8
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 19, 1999.
Bearskin Lake Air Service Ltd. (hereinafter Bearskin Airlines) filed its answer to the application on March 22, 1999 and Mr. Richman filed his reply on April 6, 1999. Additional comments were filed by Bearskin Airlines upon request of Agency staff.
ISSUE
The issue to be addressed is whether the absence of a TTY reservation number in Bearskin Airlines' 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. During a visit to Ottawa in September 1998, Mr. Richman consulted Bearskin Airlines' timetable in order to make reservations for travel between Ottawa and North Bay. The timetable provided the air carrier's regular telephone reservation number, but no TTY reservation number was listed or identified.
Bearskin Airlines does not have a TTY line. Direct communication with Bearskin Airlines is accessible for persons with disabilities via fax machines, electronic mail and the carrier's Website. In addition, information can be obtained and travel arrangements can be made through travel agencies that have a TTY or through the Bell Relay Service, which is available free of charge, 24 hours a day and 7 days a week.
POSITIONS OF THE PARTIES
Mr. Richman stresses the fact that all of his telecommunications are made through TTYs and, as such, the absence of a TTY reservation number in Bearskin Airlines' timetable posed an undue hardship. It is demeaning, in Mr. Richman's view, to expect him to communicate with an air carrier through a third party, that is a travel agent or a Bell Relay Service operator, when he can do so directly with the use of a TTY.
Mr. Richman states that, considering the nature and size of operations conducted by Bearskin Airlines in Northern Ontario and Manitoba and the fact that it has a reservation line for use by hearing passengers, it must provide equivalent services to all TTY users.
Mr. Richman submits that Bearskin Airlines' 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. Mr. Richman also requests that all future Bearskin Airlines' timetables list and clearly identify the carrier's TTY reservation number.
Following receipt of the complaint, Bearskin Airlines states that it has conducted research into the matter which revealed that Mr. Richman's complaint is the first of its kind to be received by the air carrier in the last thirty-five years of its business. Consequently, Bearskin Airlines cannot help but assume that there are currently suitable alternatives available.
Bearskin Airlines has also carried out an inquiry into the acquisition of a TTY line. It was determined that the cost of a TTY ranges from approximately $600.00 to thousands of dollars depending on the various options available, including the number of lines required. Installation costs vary between the cost of a single line and those associated with a complex system. Monthly costs are similar to those associated with a business telephone. While it did not specifically inquire about maintenance costs, Bearskin Airlines assumes that they should also be similar to those associated with a business telephone.
As a solution, Bearskin Airlines proposes to include a fax number in all future schedules and in all yellow page ads upon renewal.
ANALYSIS AND FINDINGS
In making its findings, the Agency has considered all the material submitted by the parties during the pleadings.
The Agency accepts the position of Mr. Richman that, given the size and nature of Bearskin Airlines' operations, the absence of a TTY number constituted an undue obstacle to Mr. Richman's mobility. The Agency is of the opinion that the ability to communicate by telephone with an air carrier is essential for all travellers, including persons who are deaf or hard of hearing. As such, access to TTY lines is required. Moreover, TTY telephones are now commonly available and easily installed and the Agency is of the view that they should be provided by air carriers.
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
Based on the above findings, the Agency finds that the fact that Bearskin Airlines did not provide a TTY number constituted an undue obstacle to Mr. Richman's mobility.
Accordingly, the Agency hereby requires Bearskin Airlines:
- to complete the installation of a TTY reservation line within sixty (60) days from the date of this Decision; and to provide the Agency with a written confirmation that the TTY line has been installed;
- to ensure that the TTY number is included in all seat sale advertisements, as well as in all other documents/publications, as they are reprinted, providing information about the air carrier that is otherwise available to the general public.
Following its review of the requested information, the Agency will determine whether further action is required.
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