Agency Rulings

Decision No. 187-AT-W-2002

April 18, 2002

IN THE MATTER OF Decision No. 367-AT-W-2000 dated May 26, 2000 - Northumberland Ferries Limited and Bay Ferries Limited.

File No. U 3570/00-6

BACKGROUND

In its Decision No. 367-AT-W-2000 dated May 26, 2000, the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Elliott Richman concerning the absence of a TTY (telephone-teletype device for persons who are deaf or hard of hearing) reservation number in an advertisement promoting the services of Northumberland Ferries Limited and Bay Ferries Limited (hereinafter Northumberland and Bay Ferries).

The Agency determined that given the size and nature of Northumberland and Bay Ferries' operations, the absence of a TTY reservation line and related reservation number constituted an undue obstacle to the mobility of persons who are deaf or hard of hearing.

Pursuant to Decision No. 367-AT-W-2000, Northumberland and Bay Ferries were required to take the following measures:

1. complete the installation of a TTY reservation line within sixty (60) days from the date of the Decision;
2. provide the Agency with a written confirmation that the TTY reservation line has been installed;
3. ensure that the TTY number is included on their Website, in all advertisements and in all future publications providing information about the carriers that is otherwise available to the general public.

ISSUE

The issue to be addressed is whether the measures taken by Northumberland and Bay Ferries meet the requirements of Decision No. 367-AT-W-2000.

FACTS

On August 3, 2000, Northumberland and Bay Ferries advised the Agency that they had the TTY equipment on hand and were taking steps to install an extra line at their contracted call centre. In addition, they expected to make changes to their Website and Sailing Schedules for the 2001 season.

By Decision No. LET-AT-W-343-2000 dated November 20, 2000, the Agency requested that Northumberland and Bay Ferries provide a confirmation, within seven (7) days from the date of that Decision, that the corrective measures required in Decision No. 367-AT-W-2000 had been completed.

On November 24, 2000, Northumberland and Bay Ferries confirmed that the installation of the TTY line was completed and that the TTY service was operational. Further, they advised that their Website had been modified to reflect the TTY service. Finally, Northumberland and Bay Ferries indicated that their 2001 Sailing Schedules would indicate that a TTY service is available.

ANALYSIS AND FINDINGS

The Agency has considered the information submitted by Northumberland and Bay Ferries and is of the opinion that the measures taken address the concerns raised by Mr. Richman. Further, these measures should improve direct communication between persons who are deaf or hard of hearing and the carriers, thereby eliminating undue obstacles to the mobility of these persons and improving access to the federally-regulated transportation network.

The Agency finds that the measures taken by Northumberland and Bay Ferries meet the requirements of Decision No. 367-AT-W-2000.

CONCLUSION

Based on the foregoing, the Agency does not contemplate any further action in this matter.