Decision No. 385-AT-A-1999

July 2, 1999

July 2, 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) number on Bradley Air Services Limited carrying on business as First Air's Web site.

File No. U3570/99-18


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 March 11, 1999.

Bradley Air Services Limited, carrying on business as First Air (hereinafter First Air), filed its answer to the application on April 19, 1999, and Mr. Richman replied to the answer on April 27, 1999. Additional comments were filed by both parties.

ISSUE

The issue to be addressed is whether the absence of a TTY number on First Air's Web site constituted an undue obstacle to the mobility of Mr. Richman 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, Mr. Richman consulted First Air's Web site to get the carrier's TTY number to make reservations for travel between Ottawa and Iqaluit. The carrier's Web site does indicate that schedules and fares are accessible by travel agencies worldwide and identifies the carrier's direct-access telephone number, its toll-free telephone number (accessible within Canada only), its fax number and its electronic mail address. It does not, however, list a TTY number.

First Air does not have a TTY line. In addition to contacting First Air via its regular telephone numbers, reservations on First Air flights can be made by fax and electronic mail to its central reservation office or through travel agencies. Several booking sites on the Internet are also capable of reserving space on First Air flights.

POSITIONS OF THE PARTIES

Mr. Richman states that since all of his telecommunications are made through TTYs, the absence of a TTY reservation number on First Air's Web site posed an undue hardship, particularly in light of the fact that the carrier does have and promote "hearing" reservation numbers.

It is demeaning, in Mr. Richman's view, to expect him to communicate with an air carrier through travel agencies, by fax or e-mail when he can do so directly by calling the air carrier. Mr. Richman adds that he received confirmation by e-mail from First Air that it encourages the travelling public to contact its toll-free number as it is the source of the most complete and comprehensive flight and fare information.

Because First Air has reservation numbers for hearing passengers, Mr. Richman states that it must also provide equivalent services to TTY users. Mr. Richman submits that First Air'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. Mr. Richman also asks that all future timetables published by First Air list and clearly identify the carrier's TTY reservation number.

First Air indicates that it was unaware of the existence of a requirement for the TTY reservation service. Upon review of the Agency's report entitled Communications Barriers: A Look at Barriers to Communication Facing Persons with Disabilities who Travel by Air (hereinafter the Communication Barriers Report), First Air states that it conducted an inquiry into the matter, including the logistical details associated with the implementation of a TTY service for First Air. Customer comment cards received during the last two and a half years were also researched for any reference to the TTY service. It was determined that no correspondence was received as a result of First Air not having a TTY number. Consequently, First Air believes that the existing alternatives (fax, e-mail, travel agencies, Internet) are sufficient based on the historical demand and the Agency's requirements.

First Air adds that it does encourage verbal dialogue when an e-mail or a fax is sent to its central reservation office. First Air emphasizes, however, that written dialogue is also a reliable option.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all of the material submitted by the parties during the pleadings.

The Agency finds that the absence of a TTY number on First Air's Web site constituted an undue obstacle to Mr. Richman's mobility, particularly given the size and nature of First Air's operations. Although First Air does provide for alternative ways to communicate directly with the carrier (e.g. fax number, e-mail address), the Agency notes that First Air encourages verbal dialogue when it receives a fax or an e-mail. The Agency recognizes that some persons who are deaf or hard of hearing may be able to communicate via e-mail or fax. It should, however, be noted that such equipment is not accessible to all of these persons. Additionally, and as it is evident in Mr. Richman's case, some travellers who are deaf or hard of hearing may prefer to use a TTY. 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 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 position of the Agency expressed in its Communication Barriers Report 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 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 absence of a TTY number on First Air's Web site constituted an undue obstacle to Mr. Richman's mobility.

Accordingly, the Agency hereby requires First Air:

  • 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 on its Web site, in all seat sales advertisements, and in all other 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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