Agency Rulings

Decision No. 367-AT-W-2000

May 26, 2000

APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the absence of a TTY (telephone-teletype device for persons who are deaf or hard of hearing) reservation number in an advertisement promoting passenger and vehicle ferry services provided by Northumberland Ferries Limited and Bay Ferries Limited between New Brunswick, Nova Scotia and Prince Edward Island, Canada, and between Nova Scotia and the State of Maine, United States of America.

File No. U 3570/00-6

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APPLICATION

On January 27, 2000, Elliott Richman filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.

In its Decision No. LET-AT-W-81-2000 dated March 13, 2000, the Agency granted Northumberland Ferries Limited and Bay Ferries Limited (hereinafter Northumberland and Bay Ferries) until April 6, 2000 to file an answer to the application. The Agency received the carriers' submission on March 30, 2000.

Similarly, in its Decision No. LET-AT-W-107-2000 dated April 18, 2000, the Agency granted Mr. Richman until April 19, 2000 to file a reply.

ISSUE

The issue to be addressed is whether the absence of a TTY reservation number in the advertisement in question constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. Richman is deaf and uses a TTY to communicate by telephone. While examining the back panel of a map produced by the Government of Nova Scotia, he read an advertisement promoting passenger and vehicle ferry services provided by Northumberland and Bay Ferries for travel between Bar Harbor, Maine, and Yarmouth, Nova Scotia; between Saint John, New Brunswick, and Digby, Nova Scotia; and between Wood Islands, Prince Edward Island, and Caribou, Nova Scotia. Although regular toll-free reservation numbers were listed, Mr. Richman noted the absence of an equivalent TTY reservation number, or one clearly identified as such.

Northumberland and Bay Ferries operate year-round passenger/vehicle ferry services, as well as tourist excursion services. During peak seasons, they offer up to sixteen trips per day between the various points they serve.

Northumberland and Bay Ferries share a reservation service and do not have a TTY line. Persons who are deaf or hard of hearing can communicate directly with the carriers via facsimile, and will eventually be able to do so through electronic mail and the carriers' Web site. The telephone relay system, which is available 24 hours a day, 7 days a week, offers an indirect means of communication.

POSITIONS OF THE PARTIES

Mr. Richman submits that, as all his telecommunications are made only through TTYs, the absence of a TTY reservation number in the Northumberland and Bay Ferries advertisement posed an undue hardship. In his opinion, carriers should list their TTY number whenever and wherever a regular telephone number is provided, including in all media promotions available to the general public, as well as on their Web site, if applicable.

Northumberland and Bay Ferries submit that the cost of acquiring a TTY is $600 in addition to another $600 per year for the implementation of a separate telephone line for this service. Northumberland and Bay Ferries are of the opinion that these costs are prohibitive at the present time. Further, since this is the first request they have received for a TTY service, other options were considered to allow persons who are deaf or hard of hearing to communicate with their reservation service. Northumberland and Bay Ferries suggest that persons who are deaf or hard of hearing continue to use the telephone relay service which has been used on a few occasions and found to be effective. They add that customers may obtain information about their services on their Web site which is being upgraded to provide electronic mail and on-line reservation capabilities.

Mr. Richman submits that the options proposed by Northumberland and Bay Ferries are unacceptable and inappropriate. In his opinion, TTY users should not be expected to use the telephone relay service which he submits is not available on a 24-hour basis, nor the Internet, when hearing passengers do not face the same limitations or restrictions.

ANALYSIS AND FINDINGS

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

The Agency is of the opinion that the ability to communicate independently by telephone is essential for all travellers, including persons who are deaf or hard of hearing. As such, access to a TTY number is required and carriers and transportation service providers who offer TTY service should ensure that their TTY number is displayed along with their regular telephone numbers in advertisements and other documentation provided by the carriers, as well as on Internet sites, if applicable.

The Agency's position in this respect is clearly expressed in its report entitled Communication Barriers - A Look at Barriers to Communication Facing Persons with Disabilities Who Travel by Air released in November 1997, as well as in previous Agency decisions rendered with respect to service providers in all modes of transportation, including marine transportation.

In determining if the level of accessibility of any facility or service creates an undue obstacle to the mobility of persons with disabilities, the size, configuration and nature of the operation or facility must be considered. The Agency has already established certain benchmarks in this respect as they apply to air carriers, airport operators, passenger train services and other ferry operators.

The Agency notes that Northumberland and Bay Ferries do not have TTY capabilities and that they suggest that persons who are deaf or hard of hearing will soon be able to contact them through electronic mail and the Internet. The Agency also notes the carriers' position that the telephone relay service constitutes a suitable alternative. The Agency is of the opinion, however, that the proposed alternatives are not necessarily appropriate as they do not allow for direct communications between customers and carriers.

With respect to the telephone relay service, although this service is available 24 hours a day and constitutes a minimum requirement for persons who are deaf or hard of hearing to communicate, it does not provide an independent means of communication as a third party is necessarily involved during any exchange. Moreover, the Agency is of the opinion that transportation service providers who operate significant services should provide to persons who are deaf or hard of hearing an independent way to communicate with them. Given the size and nature of Northumberland and Bay Ferries' operations, the Agency finds that the absence of a TTY reservation line constitutes an undue obstacle to the mobility of persons who are deaf or hard of hearing as they do not provide an independent means of communication with the carriers. Further, TTYs are easily available and the costs associated with the provision of such a service are limited and, in the Agency's opinion, not prohibitive.

CONCLUSION

Based on the foregoing, the Agency finds that 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.

Accordingly, the Agency hereby directs Northumberland Ferries Limited and Bay Ferries Limited to:

- complete the installation of a TTY reservation line within sixty (60) days from the date of this Decision;

- provide the Agency with a written confirmation that the TTY reservation line has been installed;

- ensure that the TTY number is included on their Web site, in all advertisements, and in all future publications providing information about the carriers that is otherwise available to the general public.

Following its review of the requested information, the Agency will determine whether further action is required.