The Canadian Transport Agency ruled that an airline had to change its computer system so as to be able to confirm the special requests of passengers with disabilities.

On December 21, 2002, Mr. and Mrs. B. flew from Calgary, Alberta, Canada to Holguin, Cuba, returning on January 4, 2003. Mr. B. has Parkinson's disease, and to accommodate the special needs this causes, Mrs. B. requested that the two of them be seated together in a bulkhead row. That way, Mrs. B. could assist her husband with unwrapping his food at meal time, and Mr. B. would have the extra leg room required because of the Parkinson's.

Both in Calgary and in Cuba, the pre-arranged seating assignment - which had been confirmed repeatedly by Mrs. B. and the travel agent - was ignored by the ground and cabin crew. As a result, the couple were not comfortable and in fact on one leg of the trip ended up in worse than average seating which did not recline and left Mr. B. with less leg room than virtually any other seat on the plane.

In early 2003, Mrs. B. filed a complaint with the Canadian Transportation Agency (CTA, or the "Agency") on behalf of her husband.

The first decision in the case was Decision No. 706-AT-A-2003, dated December 23, 2003. Mrs. B. had asked for an apology from Skyservice and some assurance that what happened to her husband would not be repeated. Skyservice did apologize, and the CTA ordered them to take corrective measures. In Decision No. 136-AT-A-2005, issued March 11, 2005, the Agency reviewed everything Skyservice had done to make sure the corrective measures had been taken. There was one outstanding item, to do with the reservations system. On February 23, 2007 (a little more than four years after the events), the CTA issued Decision No. 89-AT-A-2007, to do with that last outstanding measure.

What happened, and what does it mean?

Skyservice operates charter flights and the seats on its planes are booked by tour operators, not by Skyservice directly. The computer system in use for booking seats uses a system of internationally recognized codes (IATA codes) to note passengers' special requirements. However, there is no additional space in the passenger records for making individual notes about the nature of the requirements. Although the IATA codes are fairly specific, the CTA thought that they left room for misinterpretation.

Skyservice plans to implement a new computer system, the Gabriel Reservations System, which will use IATA codes and individual notes. The implementation is scheduled for March 2007. If the system is not in place by April 1, 2007, Skyservice must notify the CTA of that fact, and tell them when the system will be in place.

The CTA also asked for proof that Skyservice was training its staff, including contracted staff at its various locations, in proper accessibility procedures. Training records for Cuba appeared to be unavailable, but Skyservice produced some information to support its claim that staff were receiving the appropriate training.

On February 10, 2004, Skyservice sent a memo to its front-line staff, including tour operators, as required by the CTA. This memo set out some of the information of Mr. B.'s case, and essentially told the staff to follow the policies and procedures already in place for dealing with passengers who have disabilities. Skyservice's policies were in order and reasonable. The problem lay in the fact that certain staff were not following them.

The lessons to be learned by travellers from this example?

1. Skyservice, having been through this experience, may now be better in delivering service to passengers with special needs.

2. The February 10, 2004 memo would be an excellent thing for a traveller with a disability to carry and to show to Skyservice staff in the event of a problem.

3. Skyservice's policies on the seating of passengers with disabilities is set out in the decision of March 11, 2005. For example, paragraphs 11 through 14 of that decision quote directly from Skyservice's Ground Handling Manual, and say:

"[11] The Ground Handling Manual (hereinafter the Manual) provided to Skyservice personnel and agents is the main tool for guiding its front-line employees in the provision of services to passengers. Skyservice's policies and procedures with respect to the provision of services to passengers with disabilities, particularly with respect to seating, and including those specifying that bulkhead seats are reserved for passengers with disabilities, are set out in Skyservice's Manual as follows:

"5.9.2 Pre-Assignment for Persons with Special Needs

"Pre-assignment requests for persons with disabilities will be accepted on a first come, first serve basis up to 48 hours prior to departure, through the Tour Operator. Where a request is not made at least 48 hours in advance, a reasonable effort to satisfy the request shall be made. A medical certificate may be requested from those passengers with a disability that is not evident, although providing the same is at the passenger's discretion.

"Row 1 or Bulkhead is reserved for passengers with medical conditions.

"In addition to the bulkhead seats, a reasonable effort is to be made to ensure that accessible passenger seats are saved until the end of check-in, in the event that a passenger with a disability may need them. A disabled person is to be informed of those passenger seats in the aircraft to be used that are most accessible for that person. The disabled person is to be permitted to choose the seat they consider most appropriate for them, subject to the rule that persons who are not independently mobile are not permitted to be seated in emergency exit rows.

"4.8.3 Advanced Seating

"Requests for pre-selected seats are granted through the tour operators at a nominal fee. Emergency Exit row seats cannot be pre-booked. Likewise, bulkhead row seats cannot be pre-booked with the exception of passengers with disabilities. Passengers with disabilities may choose seats, with the exception of the emergency exits, that they consider most appropriate for themselves in light of their special needs. The advanced seating fee is to be waived in the case of passengers with disabilities. Tour Operators who book advanced seating for passengers should be sensitive to the needs of passengers with disabilities and should communicate with these passengers to ensure that their needs are understood and met.

"9.2.5 Bulkhead Seats

"Any passengers may occupy these seats. There are very few bulkhead seats available with extra leg room, and therefore priority is to be offered to those passengers with medical requirements.

"A blind passenger who is travelling with a seeing eye dog is best seated at the front row bulkhead by the window, to provide room for the service animal to lie down.

"Position of Skyservice

"[12] Skyservice explains that it has procedures and standards in place for providing services to passengers with disabilities. Specifically, Skyservice advises that the Manual includes its policies and procedures for dealing with persons with disabilities and provides guidance on preboarding and deplaning assistance, wheelchair assistance, preassignment of seats for persons with disabilities, the importance of having a dialogue with persons with disabilities when providing assistance, handling or assisting with mobility devices, transferring techniques, and assistance with guide dogs.

"[13] Skyservice submits that it endeavours to minimize, if not eliminate, incidents where employees do not apply its policies and procedures, and hopes to achieve this through constant reminders, refresher training for employees and follow-up actions wherever needed. Skyservice points out that where there is a lapse, it has always taken up any issues brought to its attention through the respective managers responsible for the employee(s).

"Analysis

"[14] The Agency has examined Skyservice's personnel training programs, including the information contained therein, as specified in the Schedule (Section 11) of the Training Regulations, particularly with respect to the provisions that address the concerns raised in Mr. Brazell's application. The Agency notes that Skyservice's training program for ground handling agents, station managers and airport personnel (including contracted agents) indicates that a person with a disability will be involved with the training programs, as contemplated in the Schedule (Section 11) of the Training Regulations. Further, the Agency notes that Skyservice's amended Manual, which is used as its front-line tool for all Skyservice's personnel and contracted agents, addresses the concerns raised in Mr. Brazell's application in so far as it specifies Skyservice's policies and procedures for dealing with persons with disabilities; its policies regarding seating, including a provision that the bulkhead row is reserved for passengers with disabilities; and provisions which stress the importance of having a dialogue when assisting persons with disabilities in order to ensure that passengers' needs are clearly understood." (End of quote)

Every airline in Canada is supposed to have a policy and practices in place to guarantee accessible travel to persons with disabilities. The findings in this case apply only to Skyservice directly, but the broader principle that there should be no undue obstacles to travel, apply to all carriers.

If you are booking through an agent rather than with the airline directly, ask questions about how your reservation has been coded and exactly what instructions will be given to the ground and cabin crew. You are entitled to a written confirmation of this information. Make sure you get it, and have it with you throughout your journey.

If the airline is not able to give you a written confirmation, insist upon it. You have the basis for a complaint to the CTA if you do not receive that confirmation. The confirmation is much more useful to you before you travel. Complaining after the fact may bring an apology but what would you rather have - a proper seat or an apology?