Decision No. 553-AT-A-2000

August 25, 2000

File No. U 3570/99-66

BACKGROUND

In its Decision No. 300-AT-A-2000 dated April 28, 2000, the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application by Eric Norman concerning the failure by Air Nova Inc. (hereinafter Air Nova) to deliver his personal wheelchair at the aircraft door as requested and the use of a defective boarding chair while in Halifax, Nova Scotia, en route to Gander, Newfoundland.

The Agency determined that the non-provision by Air Nova of the service that Mr. Norman had requested and expected to receive constituted an undue obstacle to his mobility.

Consequently, pursuant to Decision No. 300-AT-A-2000, Air Nova was directed to discuss the incident with the agents who were on duty when the incident occurred and, as a minimum, issue a bulletin to all employees at Halifax Airport reminding them of the importance of discussing with passengers and providing explanations whenever a requested service may not be provided. Additionally, the Agency advised Air Nova to ensure that its policy concerning the periodic inspection and maintenance of airport boarding chairs is adhered to by all responsible employees at all its stations and that the mobility aids are removed for maintenance or replacement when found to be defective.

Air Nova was requested to provide the Agency, within thirty (30) days from the date of the Decision, with a report on the corrective measures it has taken in cooperation with Air Canada to satisfy the requirements of Decision No. 300-AT-A-2000.

ISSUE

The issue to be addressed is whether the measures taken by Air Nova and Air Canada satisfy the requirements of Decision No. 300-AT-A-2000 dated April 28, 2000.

FACTS

On May 26, 2000, Air Nova filed a report with the Agency on the corrective measures it has taken in cooperation with Air Canada in response to the above-noted Decision. The report includes Customer Service Bulletins issued by Air Canada to its personnel on January 16, May 15 and May 16, 2000 respectively, as well as chapter 7016 of the Central Information System pertaining to wheelchair acceptance at aircraft doors and more particularly to wheelchair availability at connection points.

Air Nova advised that the Agency's Decision was reviewed with the Air Canada personnel on duty when the incident occurred in Halifax. Further, the bulletin dated May 15, 2000 underscores Air Canada's commitment to provide an excellent service to customers with disabilities. Consequently, personnel should strive to provide wheelchairs to the aircraft door delivery service when requested. By the same memorandum, ramp personnel were reminded that requests for wheelchair delivery, especially at a connection point, should be given priority during offloading and that every effort must be made to ensure prompt delivery of the mobility aid to respect a passenger's wishes. In this respect, Air Canada's Central Reservations System has been revised and updated to include a new procedure which clearly describes the process for short-checking mobility aids. Staff at the Halifax International Airport were also reminded, in Air Canada's bulletin dated May 16, 2000, of the importance of consulting directly with travellers concerning their special needs, particularly when circumstances may prevent the carrier from providing a requested service.

With respect to the inspection and maintenance of airline-owned wheelchairs, Air Nova advises that a new process was implemented in early 2000 and that inspection of wheelchairs will be carried out on a monthly basis. An internal memorandum dated January 16, 2000, addressed to customer sales and service agents, clearly describes the procedure to be followed in this respect. Through the unserviceable tag process, wheelchairs should be identified when found to be defective and promptly delivered for repair and maintenance.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all of the material submitted by Air Nova.

In its Decision No. 300-AT-A-2000, the Agency determined that the incident experienced by Mr. Norman at Halifax International Airport with respect to the non-delivery of his wheelchair at the aircraft door was the result of the decision taken unilaterally by one of the carrier's personnel not to process the mobility aid as per the tagging instructions. However, the Agency notes that the incident has been reviewed with the employees who were on duty on the day Mr. Norman transited through Halifax. Moreover, the bulletins which have been issued by the carrier to its personnel stress the importance of communicating with passengers in order to ascertain their specific needs and to provide an explanation whenever a requested service may not be provided. Additionally, the Agency notes that the procedure for short-checking mobility aids has been updated and now clearly describes the steps to be followed to ensure that this service, when requested, is promptly provided. Based on this information, the Agency is of the opinion that these measures should prevent the recurrence of incidents similar to that experienced by Mr. Norman.

With respect to the condition of the wheelchair that was used to transfer Mr. Norman to the connecting flight to Newfoundland, the Agency has reviewed the new tagging procedure to ensure that defective wheelchairs are promptly identified and removed for maintenance or replacement. Such a procedure, if properly and rigorously implemented, should also prevent the recurrence of incidents similar to that experienced by Mr. Norman.

Consequently, the Agency is of the opinion that the measures taken jointly by Air Nova and Air Canada should contribute to the elimination of undue obstacles to passengers with disabilities, thereby improving accessibility to the federally regulated transportation network.

CONCLUSION

ased on the foregoing, the Agency is satisfied that Air Nova has met the requirements of Decision No. 300-AT-A-2000 and does not contemplate further action in this matter.