Decision No. 50-A-1998

February 12, 1998

File No. U 3570/97-17

APPLICATION

On October 16, 1997, Mr. O'Neil filed an application with the Canadian Transportation Agency (hereinafter the Agency) regarding the level of assistance he received from Royal Aviation Inc. (hereinafter Royal) personnel.

ISSUE

The issue to be addressed is whether or not the level of assistance provided by Royal personnel constituted an undue obstacle to Mr. O'Neil's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. O'Neil travelled on Royal flight 176 from Toronto, Ontario, to Varadero, Cuba, on January 19, 1997, and from Varadero to Toronto on flight 177, on January 26, 1997. He is mobility impaired and requires assistance during boarding and deplaning. On arrival at Varadero on January 19, Mr. O'Neil waited approximately 20 to 25 minutes before deplaning assistance was provided.

POSITIONS OF THE PARTIES

Mr. O'Neil alleges that he was left on board the aircraft for 25 minutes after the flight crew disembarked, and that he was helped down the stairs of the aircraft by a maintenance ground crew member. His walker had been damaged and he had to wait another 10 to 15 minutes at the bottom of the stairs for his wheelchair to be off-loaded from the aircraft. He was ultimately assisted by police officers to the terminal building. He is of the opinion that he did not receive adequate service from Royal personnel.

By letter dated October 17, 1997, Royal apologized to Mr. O'Neil for the inconvenience he might have experienced during his trip with the carrier. A report of the Royal Inflight Director regarding the events was submitted.

The carrier explains that the 20-minute delay in deplaning was caused by airport ramp congestion as five aircraft were being serviced at the time and that, due to the limited equipment available at the Varadero Airport, servicing takes longer than normal. Although the personnel offered to assist Mr. O'Neil down the aircraft stairs, Mr. O'Neil walked down the stairs using his walker, with a ground agent in front of him. According to Royal, his walker was functioning properly. Mr. O'Neil then sat in his waiting wheelchair and proceeded to the terminal without assistance with a ground agent following him. For the return flight, Mr. O'Neil was assisted in boarding without any problems. However, he refused help for deplaning on arrival at Toronto and walked off the aircraft with his walker.

ANALYSIS AND FINDINGS

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

The Agency is of the opinion that the wait experienced by Mr. O'Neil before deplaning on arrival in Varadero, although inconvenient, did not constitute an undue obstacle to his mobility. For the benefit of all passengers on the aircraft and to avoid traffic congestion in the aisle, it is a normal procedure for air carriers to deplane persons who require assistance such as passengers with reduced mobility after the other passengers have disembarked. Further, the waiting period was the result of abnormal operational circumstances created by airport ramp congestion which could not be easily avoided.

However, the Agency is of the opinion that the inconvenience experienced by Mr. O'Neil as a result of the wait in the aircraft could have been minimized had the carrier personnel promptly explained to the passenger, after landing and before the deplaning process started, the normal procedure for the deplaning of passengers with reduced mobility and the reasons for the slower than usual deplaning process at Varadero that day. Royal should ensure in the future that this information is communicated to passengers with disabilities in a timely manner.

While Mr. O'Neil alleged that he received no assistance from Royal personnel on arrival at Varadero Airport and that the flight crew left him behind in the aircraft, the information provided by Royal indicates that its inflight and ground personnel were present to assist the passenger to disembark and escort him to the terminal. Further, while Mr. O'Neil alleged that his walker had been damaged, the carrier advised that it was handed to the passenger in good working condition and that he used it to go down the stairs of the aircraft. It is noted that Mr. O'Neil also used the walker without any apparent problem to deplane upon his return to Toronto.

CONCLUSION

The Agency finds that the delay experienced by Mr. O'Neil before deplaning in Varadero did not constitute an undue obstacle in that it is a normal procedure for air carriers to deplane passengers with reduced mobility after the other passengers, and the delay was the result of abnormal operational circumstances.

The Agency finds that the description of the events of January 19, 1997, by Mr. O'Neil and Royal with respect to the deplaning at Varadero is conflicting. On several occasions, Agency staff, verbally and in writing, sought further information from the parties, but to no avail. Thus, the Agency is unable to make a determination whether or not these circumstances created an undue obstacle to Mr. O'Neil's mobility.

Based on the foregoing, the Agency does not contemplate any further action with respect to this matter.