Decision No. 490-AT-R-1999

August 19, 1999

File No. U3570/99-25

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.

VIA Rail Canada Inc. (hereinafter VIA) filed its answer to the application on June 26, 1999. Mr. Richman did not reply to the answer.

ISSUE

The issue to be addressed is whether the absence of TTY pay telephones at the Bathurst train station constitutes an undue obstacle to the mobility of travellers who are deaf or hard of hearing 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.

The Bathurst train station is equipped with two public pay telephones. There is no TTY pay telephone.

POSITIONS OF THE PARTIES

Mr. Richman submits that while in Bathurst in March 1999, he visited VIA's Bathurst train station and failed to locate a TTY pay telephone.

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

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

VIA states that, following receipt of Mr. Richman's application, it contacted New Brunswick Telephone Co. Ltd. (hereinafter NBTel) to have a TTY pay telephone installed at the Bathurst train station. VIA advises that NBTel has agreed to install a TTY pay telephone at the Bathurst train station. VIA submits that it will provide the Agency with a written confirmation that the TTY pay telephone has been installed as soon as the work is completed.

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 telephone service at the Bathurst train station constitutes an undue obstacle to the mobility of 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 TTY and volume-controlled telephones is required. In addition, 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.

The Agency notes that as a result of Mr. Richman's application, VIA has undertaken measures to have a TTY pay telephone installed at the Bathurst train station. The Agency commends VIA 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 VIA should assist in eliminating undue obstacles to the mobility of persons with disabilities.

CONCLUSION

Based on the above findings, the Agency concludes that the absence of TTY pay telephones at the Bathurst train station constitutes an undue obstacle to the mobility of 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 train station and, as such, no further corrective action is required.

The Agency hereby requests VIA 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.