Decision No. 373-AT-A-1999

June 25, 1999

June 25, 1999

APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the absence, in Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n Airlines or Canadi*n's timetable, of a TTY (telephone-teletype for persons who are deaf or hard of hearing) 1-800 reservation number for use in the United States of America.

File No. U 3570/99-13


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 25, 1999.

Canadian Airlines International Ltd. carrying on business under the firm name and style of Canadian Airlines International or Canadi*n Airlines or Canadi*n (hereinafter Canadi*n) filed an answer to the application on March 17, 1999 and Mr. Richman filed his reply on March 30, 1999.

PRELIMINARY MATTERS

Subsequent to the close of pleadings on March 30, 1999, Canadi*n filed a submission with the Agency dated March 31, 1999 reflecting a change in its position and advising of the proposed measures that it will undertake to activate its TTY 1-800 reservation number in the Unites Stated within 30 days. The Agency accepted Canadi*n's submission as being relevant to the proceedings and provided Mr. Richman with an opportunity to comment. Mr. Richman filed his comments on April 19, 1999.

ISSUE

The issue to be addressed is whether the absence, in Canadi*n's timetable, of a TTY 1-800 reservation number for use in the United States 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. He travelled between Halifax, Nova Scotia, and New York City, New York, in November 1998. In New York City, Mr. Richman was not able to contact Canadi*n by TTY to explore the possibility of making arrangements to fly back to Halifax via Toronto, Ontario, because, upon consulting the carrier's timetable effective November 1998, the TTY 1-800 reservation number listed was only accessible within Canada.

POSITIONS OF THE PARTIES

Mr. Richman submits that, since all of his telecommunications are made only through a TTY, the lack of a TTY 1-800 reservation number that can be accessed from the United States, as well as Canada, posed an undue hardship. Mr. Richman indicates that the telephone and TTY technologies in both Canada and the United States are identical and, as such, a TTY that is accessible in Canada can be made accessible in the United States with no problems. Mr. Richman also emphasizes that the carrier does have a"hearing" 1-800 reservation number accessible to the public in the United States. Finally, Mr. Richman concludes that his complaint will be satisfactorily resolved when Canadi*n provides a TTY 1-800 reservation number that is accessible to travellers in both Canada and the United States.

In its letter dated March 12, 1999, Canadi*n submits that it has, as other Air Transport Association of Canada (ATAC) members do, provided a TTY reservation number for use by its customers in Canada for a number of years on a voluntary basis. As an alternative form of communication, Canadi*n adds that it provides worldwide access to its schedule information through its Web page. However, by letter dated March 31, 1999, Canadi*n advised that, upon re-examination of the matter at hand and in light of its commitment to provide information to its customers in alternative formats, it will activate its TTY 1-800 reservation number for use in the United States within the next thirty days.

Canadi*n submits that this change will not fully be reflected in the United States telephone directories until at least the year 2001 (publication deadlines), but this information will be published in its printed schedule and on its Web page. In the meantime, Canadi*n has requested the assistance of Mr. Richman and that of the organization he represents, namely the Canadian Association of the Deaf, in advertising Canadi*n's number on its Web page and in its publications.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all of the material submitted by the parties during the pleadings, including Canadi*n's letter dated March 31, 1999 and Mr. Richman's comments received on April 19, 1999.

The Agency finds that the absence of a TTY 1-800 reservation number by Canadi*n for use by travellers in the United States constituted an undue obstacle to Mr. Richman's mobility, particularly in light of the size and nature of Canadi*n's operations and the fact that the carrier does have a 1-800 regular telephone reservation number that is accessible in the United States. 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 and, as such, access to TTY numbers is required.

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.

The Agency notes that Canadi*n has undertaken measures to activate its existing TTY 1-800 reservation number for use by the public in the United States and that this information will be included in all schedules upon reprinting, as well as on its Web page. The Agency is satisfied that these measures should prevent the recurrence of situations similar to the one experienced by Mr. Richman and should assist in eliminating undue obstacles to the mobility of persons with disabilities while they travel.

CONCLUSION

The Agency finds that there was an undue obstacle to Mr. Richman's mobility. However, in light of the corrective measures undertaken by Canadi*n, no further action is contemplated in this matter.

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