Decision No. 622-AT-A-2006

November 10, 2006

File No. U3570/05-17

BACKGROUND

In its Decision No. 588-AT-A-2005 dated September 27, 2005 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Peter E. Pawley concerning the difficulties he encountered when he travelled with Koninklijke Luchtvaart Maatschappij, N.V. (K.L.M. Royal Dutch Airlines) [hereinafter KLM] on a round-trip between Toronto, Ontario, Canada and Bristol, England via Amsterdam, Netherlands departing on April 11, 2005 and returning on April 18, 2005.

The Agency determined that the seating assignments made by KLM for Mr. Pawley on his flights from Toronto to Amsterdam and return constituted an undue obstacle to his mobility. As such, the Agency directed KLM to take the following corrective measures as set out in the Decision and indicated that it would review the appropriateness of the measures taken.

1. Amend and clarify its seating policy:
   
   1. to ensure that the needs of persons with disabilities are discussed both at the time of reservation and at check-in;
   2. to add in its seat reservation provision (i.e., section 9.2.11) that persons with disabilities get seating priority over other passengers.
2. Examine its policy and take the necessary steps to ensure that the inconsistencies which presently exist between its various policies in its Passenger Handling Manual and its brochures/advertisements, particularly with respect to the issues relating to seating for persons with disabilities, seating priority and seat selection, are rectified, and ensure that its personnel are made aware of these changes; and advise the Agency of the steps it has taken in this regard.
3. Incorporate into any training program KLM may have; the procedures that should be followed to ensure that the particular seating needs of persons with disabilities are met; advise of the effective date of this amendment; and advise the Agency of the measures it has taken to ensure that the requisite level of training is provided to all its employees.
4. Send a memorandum to its personnel emphasizing the importance of initiating discussions with passengers with disabilities to ensure that the seat assigned or suggested by the air carrier is compatible with the person's need.
5. Provide a copy of its amended policy and memorandum to the Agency.

On October 13, 2005, KLM requested an extension of time until November 27, 2005 to comply with the measures contained in the Decision. In its Decision No. LET-AT-A-273-2005 dated October 17, 2005, the Agency granted this request.

On November 29, 2005, KLM filed a submission with the Agency and undertook to provide the Agency with copies of the necessary amendments to its Passenger Handling Manual. On February 27, 2006, KLM provided the Agency with a copy of the additions to its Passenger Handling Manual. On March 2, April 4 and May 31, 2006, the Agency received further submissions from KLM in response to the Decision, including a copy of a Passenger Handling Bulletin and a request for a further extension of time to comply with the measures contained in the Decision. On September 20, 2006, the Agency received additional submissions from KLM, including a further amendment to its Passenger Handling Manual and a Memorandum announcing the further amendment.

CONCLUSION

The Agency has considered the measures taken in response to the Decision and is satisfied that KLM has met the requirements of the Decision. As such, no further action is necessary in this matter.

Members

• Gilles Dufault
• Beaton Tulk
• Baljinder Gill