Decision No. 489-AT-A-1999

August 19, 1999

August 19, 1999

APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the absence of TTY (telephone-teletype devices for persons who are deaf or hard of hearing) pay telephones at the Bathurst airport in the province of New Brunswick.

File No. U3570/99-23


APPLICATION

On April 23, 1999, Elliott Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title.

Bathurst Regional Airport Commission Inc. (hereinafter the Bathurst Airport Commission) filed its answer to the application on June 16, 1999. Mr. Richman did not reply to the answer. Further information was subsequently filed by the Bathurst Airport Commission.

ISSUE

The issue to be addressed is whether the absence of TTY pay telephones at the Bathurst airport 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 requires the use of a TTY to communicate by telephone.

On average, 28,000 enplaned and deplaned passengers transit through the Bathurst airport on an annual basis. The public lobby is equipped with two regular, volume-controlled pay telephones, but there is no TTY pay telephone at this location.

POSITIONS OF THE PARTIES

Mr. Richman submits that upon his arrival at the Bathurst airport in March 1999, he was unable to locate a TTY pay telephone.

Mr. Richman states that as all of his telecommunications are made through TTYs, the absence of a TTY pay telephone at the Bathurst airport posed an undue hardship to him.

Mr. Richman requests that the Bathurst airport be equipped with TTY pay telephones for the benefit of all TTY users, including persons who are deaf, hard of hearing, late deafened and those with a speech impairment, as well as their hearing relatives, friends and colleagues.

The Bathurst Airport Commission advises that since the receipt of Mr. Richman's application, it has undertaken to have a TTY pay telephone installed at the Bathurst Airport. It advises that New Brunswick Telephone Co. Ltd. will be installing a TTY pay telephone at the Bathurst airport in the near future.

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 TTY pay telephones at the Bathurst airport constituted an undue obstacle to the mobility of Mr. Richman and constitutes an undue obstacle to the mobility of all travellers who are deaf or hard of hearing. The Agency is of the opinion that the ability to communicate by telephone while in a transportation terminal is essential for all travellers, including persons who are deaf or hard of hearing. As such, access to TTYs and volume-controlled telephones is required. Moreover, as TTY telephones are now commonly available and easily installed, the Agency is of the view that they should be installed in all transportation terminals.

This finding is also consistent with the position of the Agency expressed in its report entitled Communication 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, airport operators 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 15 that airport operators should ensure that an adequate number of public TTYs and volume-controlled telephones are available, in the public area and the arrival and departure area of the airport terminal, 24 hours a day.

The Agency notes that as a result of Mr. Richman's application, the Bathurst Airport Commission has undertaken to have a TTY pay telephone installed at the Bathurst Airport. The Agency commends the Bathurst Airport Commission for the initiative it has taken as it will improve the accessibility of the services that it already provides to persons with disabilities by removing barriers faced by certain travellers. The Agency also finds that the measures undertaken by the Bathurst Airport Commission should assist in preventing the recurrence of incidents such as the one experienced by Mr. Richman and in eliminating undue obstacles to the mobility of persons with disabilities.

CONCLUSION

Based on the above findings, the Agency concludes that the absence of a TTY pay telephone at the Bathurst Airport constituted an undue obstacle to the mobility of Mr. Richman and constitutes an undue obstacle to the mobility of all travellers who are deaf or hard of hearing.

The Agency notes that arrangements have already been made for the installation of a TTY pay telephone at the Bathurst Airport and, as such, no further corrective action is required.

The Agency hereby requests the Bathurst Airport Commission to provide the Agency, within thirty (30) days from the date of this Decision, with a written confirmation that the TTY pay telephone has been installed at the Bathurst airport.

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