Decision No. 357-AT-A-2000

May 19, 2000

File No. U3570/98-21

BACKGROUND

In its Decision No. 643-AT-A-1998 dated December 29, 1998, the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by George Rimek on August 28, 1998.

The application pertained to the difficulties experienced by Mr. Rimek with the seating assignment on the return portion of his trip between Toronto, Ontario, and Cancun, Mexico, with Skyservice Airlines Inc. (hereinafter Skyservice) on December 20, 1997.

The Agency found that the lack of knowledge of the aircraft seating configuration by Skyservice's check-in agent and her supervisor at Cancun airport and their lack of sensitivity constituted an undue obstacle to Mr. Rimek's mobility.

Skyservice was required to provide to the Agency, within thirty (30) days from the date of the Decision, copies of its amended seating chart and its amended seating policy stressing the importance of not separating a person with a disability from his or her attendant. Skyservice was also required to provide a copy of a bulletin issued to its agents at Destination Out Stations reminding them of the existing procedures with respect to discussing seating arrangements with the passenger at check-in and of the importance of not separating a person with a disability from his or her attendant.

ISSUE

The issue to be addressed is whether the information submitted and the measures undertaken by Skyservice satisfy the requirements of Decision No. 643-AT-A-1998.

FACTS

On January 29, 1999, Skyservice provided the Agency with a copy of its amended seating chart for the A330 aircraft. The chart indicates which seats are equipped with liftable armrests, thereby providing easier access for persons with disabilities who are immobile. It also shows the seats with additional leg room that are not located in emergency exit rows.

Skyservice provided a copy of its amended seating policy as set out in its Ground Handling Manual. Skyservice's amended policy outlines the importance for an attendant travelling with a person with a disability and who may be required to provide assistance during the course of the flight to be seated directly next to the person to ensure that he or she may receive full and proper assistance at any time.

Skyservice also provided a copy of a bulletin distributed to its ground handlers and check-in agents in its Destination Out Stations on February 5, 1999 in which it is stated that persons with disabilities must be permitted to choose a seat in the aircraft which best suits their particular needs provided that the seat selected is not prohibited by law or regulation. The bulletin also includes a reminder to its agents to discuss the seating arrangement with the passenger and to ensure that the attendant who is accompanying a person with a disability is seated directly next to that person.

ANALYSIS AND FINDINGS

The Agency has reviewed the amended seating chart and policy and the bulletin issued to all of Skyservice's outstation employees and is satisfied that these measures should assist in preventing a recurrence of similar situations such as the one experienced by Mr. Rimek and in eliminating undue obstacles to the mobility of persons with disabilities.

The Agency finds that the information submitted and the measures undertaken by Skyservice satisfy the requirements of Decision No. 643-AT-A-1998.

CONCLUSION

Based on the above findings, the Agency contemplates no further action in this matter.