Decision No. 632-AT-A-1999
November 12, 1999
APPLICATION by Kristopher Rhine pursuant to subsections 172(1) and (3) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the failure by Horizon Air Industries, Inc. doing business as Horizon Air to carry his electric wheelchair from Edmonton, Alberta to Sacramento, California in February 1999.
File No. U3570/99-15
APPLICATION
On March 16, 1999, Yvonne Jean, on behalf of her son Kristopher Rhine, filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title.
Horizon Air Industries, Inc. doing business as Horizon Air (hereinafter Horizon Air) filed its answer on April 19, 1999, and Ms. Jean filed her reply to it on May 12, 1999. Additional comments were filed by both parties.
Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the parties have agreed to an extension of the deadline to November 12, 1999.
ISSUE
The issue to be addressed is whether Horizon Air's failure to carry Mr. Rhine's electric wheelchair constituted an undue obstacle to his mobility and, if so, what corrective measures should be taken.
FACTS
Mr. Rhine is quadriplegic and uses an electric wheelchair. Travel arrangements were made by the Shrine Hospital for Mr. Rhine and his home care worker to travel from Edmonton to Sacramento with Horizon Air on February 13, 1999, with a return date of February 17, 1999. Horizon Air serves this market with a Fokker F28 (69 seats). The Passenger Name Record (PNR) from Horizon Air's computer reservation system indicates that Mr. Rhine is a "Shrine Hospital Patient".
On February 13, 1999, Mr. Rhine and his home care worker arrived at the Edmonton airport at 2:10 p.m. for the 3:20 p.m. flight to Sacramento, which was within the 60-minute minimum check-in time required by Horizon Air. Mr. Rhine and his home care worker were escorted to the boarding area by a passenger service agent. Northwest Airlines, Inc. employees handle Horizon Air's passenger service duties at the Edmonton airport, which includes the agents responsible for the boarding of aircraft.
As the baggage compartment in the Fokker F28 measures 26" X 35", Mr. Rhine's wheelchair could only be loaded if it was dismantled. Mr. Rhine was transferred to a manual wheelchair at 2:55 p.m. to allow for the disassembly of his wheelchair. The passenger service agent was unable to remove the top section from the bottom section of the wheelchair, thereby making it impossible to load it into the aircraft. As a result, Mr. Rhine and his home care worker did not travel, and were rebooked for the February 14, 1999 departure.
Mr. Rhine and his home care worker spent the evening at a nearby motel due to their departure the next morning. The round-trip cost for taxis was $60.00. During their stay at the motel, Mr. Rhine's home care worker borrowed tools and was able to dismantle his wheelchair.
Mr. Rhine and his home care worker returned to the Edmonton airport at 6:50 a.m. the next morning for the 7:45 a.m. Horizon Air flight. During the check-in process, Horizon Air's agent questioned whether they had brought tools to dismantle the wheelchair, which they had not. Nonetheless, Mr. Rhine and his home care worker boarded the aircraft and Mr. Rhine's wheelchair was taken away by the air carrier personnel to attempt to load it. As Mr. Rhine's wheelchair could not be dismantled, they travelled to Sacramento without the wheelchair, which Horizon Air stored until they returned. The passengers made their own arrangements for a manual wheelchair for Mr. Rhine's use while in Sacramento.
POSITIONS OF THE PARTIES
Disassembly of the Wheelchair
a) February 13, 1999
Ms. Jean submitted a copy of notes taken by the home care worker with respect to the incidents. One page of the notes is dated February 13, 1999 and indicates a time of 2:55 p.m., followed by the home care worker's statement that the agent who was boarding Mr. Rhine "would not take the time to figure out how to disassemble his wheelchair apart which is easy to do." The home care worker further indicates in a letter to Horizon Air on February 23, 1999, that when the passenger service agent asked them how to dismantle Mr. Rhine's wheelchair, they instructed the agent to "unscrew the disks on each side of the chair, step on the back of the chair, lift the handle and the chair then comes apart."
The home care worker states that when the agent was unsuccessful in his attempt to dismantle the wheelchair, she asked the agent to "take some time to figure this out or to get some tools". The home care worker indicates that the agent replied "I don't have time for this and I will not delay this plane", and then proceeded to board the other passengers, telling Mr. Rhine and his home care worker that they were not travelling on the flight.
In the attempt to dismantle Mr. Rhine's wheelchair, Horizon Air explains that its agent discovered that the task required special tools specific to the wheelchair. In a report to Horizon Air, the agent states that after removing the clips on the wheelchair, as instructed by the passengers, he was not able to remove the top of the wheelchair and the passengers did not know what else was required to dismantle it. The agent states that he noticed that nuts and bolts had to be removed. The agent indicates that the passengers seemed surprised to hear this, and when he questioned whether they had the tools to remove the nuts and bolts, they responded that they did not. As a result, the agent decided that the wheelchair could not be transported. He explains that he informed Mr. Rhine's home care worker that if they wanted to send his wheelchair, they would have to provide the necessary tools to dismantle it.
Horizon Air has clarified that the tool in question was an allen wrench. The carrier further indicates that the standard tools available at airports are a hammer, pipe wrench, screwdrivers and pliers.
Ms. Jean states that if the carrier's personnel had taken the time requested by the home care worker, they would have realized that special tools were not needed. In fact, Ms. Jean explains that the seat of the wheelchair can be separated from the power drive unit without tools by loosening the quick-connect knobs on each side of the chair.
b) February 14, 1999
The home care worker explains that upon checking in on February 14, 1999, she "asked for a 9/16 wrench and a pair of plyers or two pairs of plyers" and offered "to take the chair apart myself." The home care worker submits that the carrier's agent informed them that he could not arrange for tools and questioned why she did not bring the necessary tools. The home care worker indicates that she informed the agent that the tools she used the night before belonged to the motel and she could not leave Mr. Rhine to get tools.
Horizon Air submitted an Incident Report for February 14, 1999, in which the carrier's agent states that on that date, the passengers checked in with no wrench, even though they were told the previous day which wrench they would need to dismantle the wheelchair.
The carrier's agent indicates in the report that the passengers arrived at the airport early enough on February 14, 1999 to allow the ramp employees to attempt to fit the wheelchair in the aircraft. The agent reported having informed the passengers that if it did not fit, she would arrange to have it stored. As such, she asked them whether they would still travel without the wheelchair. The report indicates that the passengers responded that they would still travel and make their own arrangements at destination.
The home care worker explains that at approximately 7:30 a.m., Mr. Rhine was taken to the boarding area, transferred to an aisle chair and taken to his aircraft seat. The home care worker states that prior to boarding "I showed them what needed to be done to take the chair apart and they took the chair away."
Horizon Air submits that if the home care worker had offered to dismantle the wheelchair, the agent would have accepted her assistance as passengers offering assistance is not unusual and often necessary. Horizon Air explains that although its employees are taught the proper handling of passengers pursuant to the Airline Disabilities Act, they are not taught how to specifically disassemble each and every type of wheelchair. Horizon Air states that they are actually taught how to interact with the passenger, allowing the passenger to give instructions specific to his/her wheelchair. Horizon Air submits that it is up to the passenger to help the carrier as thousands of types of wheelchairs exist. The carrier adds that it is not possible for its agents to have knowledge of each wheelchair, thus they depend on the passenger to assist them in this process.
The home care worker indicates that when they were seated in the aircraft, they were informed that the wheelchair could be disassembled and flown on another flight, which they agreed to. However, before take-off, she states that they were told that the carrier would not do that and, instead, the wheelchair would be put in storage in Edmonton until they returned. Ms. Jean explains that Mr. Rhine had appointments to attend in Sacramento and therefore they had to leave without his wheelchair.
c) Subsequent trip
Ms. Jean states that on May 31, 1999, she accompanied Mr. Rhine on a subsequent trip from Edmonton to Sacramento. They travelled with Horizon Air in a Fokker F28. She states that she was questioned by three airline employees about tools needed to dismantle Mr. Rhine's wheelchair, to which she indicated that no tools were needed. Ms. Jean states that with her instructions and insistence on the proper procedure, Horizon Air was able to dismantle Mr. Rhine's wheelchair and transport it to Sacramento.
With respect to Mr. Rhine's and Ms. Jean's second trip to Sacramento, Horizon Air states that its agents in Edmonton indicated that the wheelchair he travelled with on the later date was not configured the same as the one he used in February 1999.
In response, Ms. Jean explains that her son has only one electric wheelchair. Therefore, the electric wheelchair Mr. Rhine travelled with on this occasion was the same as on the first trip.
Boarding Assistance
With respect to the assistance provided to transfer Mr. Rhine from his wheelchair to the boarding chair on February 13, 1999, the home care worker indicates, in a letter to Horizon Air dated February 23, 1999, that she had to assist in lifting him as the passenger service agent had no help to provide the service. Ms. Jean also states that the agent did not know how to perform the transfer.
However, Horizon Air submits that Mr. Rhine's home care worker assisted only in the straightening out of his legs, and not in lifting and transferring his body.
As compensation for this experience, Ms. Jean has asked for round-trip tickets and accommodation, with spending money, for four children and two adults to Disney World. Ms. Jean further suggests that the carrier's personnel receive sensitivity training and learn how to assist in lifts and transfers.
ANALYSIS AND FINDINGS
In making its findings, the Agency has reviewed all of the material submitted by the parties during the pleadings.
Disassembly of the Wheelchair
a) February 13, 1999
It is clear from the subsequent trip on May 31, 1999 that Mr. Rhine's wheelchair can be disassembled without the use of tools. Ms. Jean clearly provided the instructions that allowed Horizon Air agents to disassemble the wheelchair. However, this was not the case when the home care worker travelled with Mr. Rhine on the earlier trip.
Although the home care worker initially informed the airline personnel that it was an easy process which could be done without tools, the agent was unable to disassemble the wheelchair according to the instructions provided. In addition to asking the agent to take more time to perform this task, the home care worker also mentioned using tools. Furthermore, that evening, the home care worker needed tools to disassemble Mr. Rhine's wheelchair.
The evidence shows that the home care worker was not well aware of the manner in which Mr. Rhine's wheelchair could be dismantled, and as a result, she provided conflicting information to Horizon Air's agent. The Agency is of the opinion that this led to confusion on the part of the carrier as to how to proceed with the disassembly.
The Agency is of the opinion that it is the carrier's obligation to disassemble and assemble wheelchairs and to ensure that its employees and contracted personnel receive a basic level of training that will allow them to perform their duties, in particular as it applies to standard components in an electric wheelchair, such as a control box, four wheels, foot rests and batteries. However, the Agency recognizes that in some instances, it is important to interact with persons with disabilities to determine how their wheelchairs should be disassembled, as dialogue between carriers and passengers with disabilities is often key in ensuring that the services are properly executed. Unfortunately, in this case, Mr. Rhine's home care worker was not adequately prepared to provide clear instructions to Horizon Air's agent as to how the wheelchair should be disassembled.
The fact that Mr. Rhine's wheelchair was not disassembled on February 13, 1999, was an obstacle to his mobility as it resulted in a one-day delay in his departure. However, the Agency finds that the obstacle was not undue as Horizon Air's agents did not receive clear instructions from the home care worker to allow for the disassembly of Mr. Rhine's wheelchair, thereby creating confusion. In addition, the Agency notes that the efforts to disassemble Mr. Rhine's wheelchair, as per the instructions provided by the home care worker, began after 2:55 p.m., following Mr. Rhine's transfer to a manual wheelchair. When the agent was unable to disassemble the wheelchair, there was little time left for other measures to be implemented prior to the 3:20 p.m. departure of the flight.
b) February 14, 1999
Notwithstanding that Mr. Rhine's wheelchair can be taken apart without tools, the Agency notes that the home care worker had found a way to dismantle it with the use of pliers and a wrench. The Agency notes that Horizon Air makes available to its personnel a hammer, pipe wrench, screwdrivers and pliers as standard tools at airports. However, there is no evidence that upon arrival at the Edmonton airport on February 14, 1999, Horizon Air's personnel clearly set out what it could provide in terms of "standard tools" for the disassembly of Mr. Rhine's wheelchair.
The Agency is of the opinion that Horizon Air missed an opportunity to resolve the problem, which was to determine whether there were any means by which it could disassemble Mr. Rhine's wheelchair to ensure it accompanied him on his journey. This is consistent with Horizon Air's own policy set out in the carrier's letter dated May 6, 1999, which requires its employees to interact with persons with disabilities, allowing passengers to give instructions specific to their wheelchairs. Had the carrier's personnel clearly informed the passengers of the tools it could provide, together they may have found a solution to this dilemma.
In light of the above, the Agency finds that Horizon Air's failure to carry Mr. Rhine's electric wheelchair constituted an obstacle to his mobility in that it deprived him of his wheelchair and left him without an independent means of mobility during his stay in Sacramento. The Agency finds that the obstacle was undue as it could have been avoided had Horizon Air ensured that, as a minimum, its personnel had fully discussed the "standard tools" available. The evidence shows that Horizon Air was cognizant of the problems concerning the disassembly of Mr. Rhine's wheelchair on February 13, 1999. Had the carrier's personnel taken the opportunity to work with the passengers, either prior to their departure from the airport or by contacting them that evening, the carrier could have ensured that a solution was found that would have allowed Mr. Rhine to travel the next day with his wheelchair.
The Agency notes that there was also a lack of information provided during the reservation process, which is apparent from the details missing in Mr. Rhine's PNR. In particular, there is no record of Mr. Rhine's disability, his wheelchair, or any assistance he may require while travelling by air. The PNR indicates only that Mr. Rhine is a "Shrine Hospital Patient". It is important that pertinent information concerning a person's disability and travel related needs be conveyed to the carrier to ensure that each party is aware of the services that will be provided by the carrier. Had such information been provided in this case, it could have lead to further discussions about the cargo door limitations of the Fokker F-28, the size of Mr. Rhine's wheelchair, whether tools were needed to disassemble it, and the list of tools available at the airport. This exchange of information would have allowed both parties to have been better prepared to disassemble Mr. Rhine's wheelchair on the day he travelled.
Boarding Assistance
With respect to the level of boarding assistance provided to Mr. Rhine, the Agency notes that the two parties do not agree on the extent of the assistance provided by the home care worker. The home care worker states that she assisted in lifting Mr. Rhine, and the carrier submits that her assistance was limited to the straightening out of his legs. Nonetheless, the Agency must point out that it considers it the carrier's responsibility to lift and transfer persons with disabilities during the boarding and deplaning processes, unless the person prefers the involvement of someone else. Furthermore, the carrier must ensure that the personnel responsible for providing such assistance are adequately trained to do so.
Compensation
On the issue of compensation, it should be noted that upon determining that there is an undue obstacle to the mobility of persons with disabilities, the Agency may, pursuant to subsection 172(3) of the Canada Transportation Act, direct that compensation be paid for any expense incurred by a person with a disability arising out of the undue obstacle. In this respect, the Agency finds that any expenses incurred such as expenses for the storage of Mr. Rhine's wheelchair or for the temporary wheelchair he used at destination would constitute expenses incurred as a result of the undue obstacle to his mobility.
The Agency does not have jurisdiction to order the compensation requested by Ms. Jean.
CONCLUSION
Based on the above findings, the Agency directs Horizon Air to issue a bulletin summarizing the incident experienced by Mr. Rhine and reminding its employees and contracted personnel of the importance of trying to resolve such situations through discussions with the passengers, which should include a review of the available tools. Horizon Air is required to submit a copy of the bulletin to the Agency within thirty (30) days from the date of this Decision.
With respect to financial compensation, the Agency, pursuant to subsection 172(3) of the CTA, directs Horizon Air to reimburse Ms. Jean for any expenses that may have been incurred for the storage of Mr. Rhine's wheelchair or for the temporary wheelchair he used at destination, subject to the submission of receipts.
In the event that Ms. Jean and Horizon Air do not reach an agreement on these eligible costs, they may bring this matter back to the Agency for a determination of cost and issuance of an order to that effect.
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