CTA Home : Media : News Releases and Media Advisories : 2003

News Release

Canadian Transportation Agency Orders VIA Rail to Modify its Renaissance Trains to Improve Accessibility for Persons With Disabilities

OTTAWA - October 29, 2003 - The Canadian Transportation Agency (the Agency) has ordered VIA Rail Canada Inc. (VIA) to remove 14 undue obstacles to the mobility of persons with disabilities on its new Renaissance cars following a complaint filed by the Canadian Council of Persons with Disabilities (CCD) that raised 46 different concerns about the accessibility of certain features of the cars, primarily as they relate to persons who use wheelchairs.

In December 2000, VIA purchased 139 passenger rail cars from France's Alstom Transport Ltd. which increased the size of its fleet by approximately one-third. According to VIA, the Nightstock trains, renamed Renaissance, "were a unique purchase...and at a remarkably low cost". Designed for use in Europe in the 1990s, they were built to offer fast overnight train service between Europe and the northern regions of the United Kingdom through the Channel tunnel.

The Agency directed VIA, through today's Decision No. 620-AT-R-2003, to remove the undue obstacles. The majority of these obstacles relate to areas of the Renaissance trains that have been designed specifically to meet the needs of persons with disabilities. (Please refer to the attached backgrounder for a detailed list of the undue obstacles and the measures the Agency is ordering VIA to take to correct these obstacles.)

On March 27, 2003, the Agency issued Decision No. 175-AT-R-2003 that set out its findings, including preliminary findings of undue obstacles regarding features of the Renaissance passenger cars. This Decision followed challenges by VIA to the Agency's jurisdiction to consider the matter; two unsuccessful applications for leave to appeal filed by VIA with the Federal Court of Canada; the filing of extensive submissions by both CCD and VIA; a one-day oral hearing in Toronto; three physical inspections of the Renaissance cars; and extensive analysis of the alleged obstacles.

In that March 2003 Decision, the Agency made findings of 25 obstacles to the mobility of persons with disabilities. It found that eight were not undue, 14 were found to be preliminarily undue and the analysis of three was deferred. Ten concerns were found to be safety issues which the Agency referred to Transport Canada. Eleven design features were not found to constitute obstacles.

Also in its March 2003 Decision, the Agency directed VIA to "show cause" within 60 days why the Agency should not find those 14 obstacles undue. The Agency found VIA's response to be inadequate and provided VIA with another opportunity to provide further evidence.

Throughout the careful examination of all the submissions, the Agency was mindful of the structural and economic feasibility of making modifications to the cars to remedy the obstacles. However, the Agency is of the opinion that "VIA has not shown cause that it cannot remedy the undue obstacles identified by the Agency".

The Canadian Transportation Agency is an independent Government of Canada quasi-judicial tribunal. Its mandate includes the responsibility to eliminate undue obstacles to the mobility of persons with disabilities within the federal transportation network. Its mission is to administer transportation legislation, regulations and Government of Canada policies to help achieve an efficient and accessible transportation network.

VIA is an independent Crown corporation set up in 1978 to operate passenger trains in Canada.

CCD is a Winnipeg-based organization that speaks out on issues of interest to persons with disabilities.

-30-

Notes to editors:

(1) A diagram of the Renaissance cars can be viewed at
http://www.cta-otc.gc.ca/media/communique/2003/031029-2_e.html

(2) A backgrounder listing the undue obstacles and corrective measures is attached and is available at http://www.cta-otc.gc.ca/media/communique/2003/031029_e.html#1

(3) Because the Canadian Transportation Agency is a quasi-judicial tribunal with the powers in law of a Superior Court, its panel members will not answer reporters' questions, nor will Agency staff interpret a decision.

For assistance with the text or to obtain a copy of the Decision, please contact: Lyne Giroux, Senior Communications Adviser, at (819) 953-8926.

(4) This news release, backgrounder and the Agency's Decision are available in multiple formats on request. The Agency's TTY number is 1-800-669-5575.

To keep up-to-date with our latest news releases and other information, subscribe to our electronic mail service.

Context

On December 1, 2000, VIA Rail Canada Inc. (VIA) purchased 139 passenger rail cars from France's Alstom Transport Ltd. to increase the size of VIA's fleet by approximately one-third. Initially, $130 million was allocated by VIA for the purchase and commissioning of these cars into service. These rail cars were known at that time as "Nightstock" equipment and were developed in Europe in the 1990s to offer fast overnight train service between Europe and the northern regions of the United Kingdom through the Channel Tunnel. However, for a variety of reasons, the contract for the trains was suspended in 1998 and the rail equipment, which was at various stages of completion, was offered for sale.

According to VIA, the Nightstock trains "were a unique purchase unavailable at any other time and at a remarkably low cost" because, in its view, $130 million would have normally permitted the purchase of only 39 passenger rail cars and there would have been considerable delay in the development, design, engineering and manufacturing of new equipment.

At the time of VIA's purchase, 64 cars were completed, 13 were partially completed and 62 were shells. These cars were allocated as 72 sleeper cars, 47 coach cars and 20 service cars, with the cars designed to be used together in a grouping that always includes a service car. VIA renamed the Nightstock equipment "Renaissance" and determined that some of the sleeper cars would be converted into baggage and dining cars.

On December 4, 2000, the Council of Canadians with Disabilities (CCD) filed a complaint with the Canadian Transportation Agency (Agency) as a result of concerns that it and its members had regarding the accessibility of the Renaissance cars to persons with disabilities, primarily those who use wheelchairs.

CCD submitted that the community of persons with disabilities has long been of the view that VIA's older fleet of rail equipment presents a variety of physical barriers to accessibility, which prevent persons with disabilities from having equal access to VIA's rail transportation network. Furthermore, CCD has indicated that the community of persons with disabilities has been resigned to accepting the level of accessibility provided with VIA's older equipment in hopes that the next generation of equipment would be designed and introduced with a much higher level of accessibility.

In considering this complaint, the Agency has determined that the Renaissance Cars are new cars and should meet the higher level of accessibility for new cars as set out in the Rail Code. However, the Agency determined that they were not designed to provide this higher level of accessibility expected in new rail equipment in Canada.

The Agency had previously undertaken a consultative process that resulted in the issuance of rail equipment minimum accessibility standards in a voluntary code of practice in February 1998: the Code of Practice - Passenger Rail Accessibility and Terms and Conditions of Carriage by Rail of Persons with Disabilities (Rail Code). While the Rail Code is not mandatory, the participation of VIA in the process to develop it and VIA's express commitment to the Rail Code raised expectations for both the Agency and the community of persons with disabilities that the standards set out in the Rail Code would be followed by VIA.

The role of the Agency

The Agency has the authority to order, pursuant to subsection 172(3) of the Canada Transportation Act (CTA), among other things, corrective measures upon the finding of an undue obstacle.

Specifically: "On determining that there is an undue obstacle to the mobility of persons with disabilities, the Agency may require the taking of appropriate corrective measures or direct that compensation be paid for any expense incurred by a person with a disability arising out of the undue obstacle, or both."

The term "undue" is not defined in the CTA. It is commonly understood to mean exceeding or violating propriety or fitness, excessive, inordinate disproportionate or excessive in one case and not in another. As something may be found to be disproportionate or excessive in one case and not the other, the Agency must take into account the context in which the allegation is made that an obstacle is undue is made.

Notice under the Railway Safety Act

In October 2002, Transport Canada issued a notice under the Railway Safety Act regarding the location of the washrooms in the coach cars vis-a-vis the Crash Energy Management Zone (areas located at the ends of the Renaissance cars which absorb energy by crumpling or crushing during end-of-car impacts). To address the safety issues, VIA submitted four sketch proposals to Transport Canada, three of which were accepted. VIA has advised Transport Canada that it intends to implement Option 1.

Through Option 1, the two washrooms at the wheelchair tie-down end of the coach car would be decommissioned and replaced by valet/storage units. The washroom at the opposite end of the car (vestibule) would then be recommissioned. However, one of the other three options accepted by Transport Canada to address safety issues, namely Option 3, would provide for a wheelchair-accessible washroom across from the wheelchair tie-down.

The Agency's findings and corrective measures

With respect to the following areas in the Renaissance cars:

- the sleeper unit in the "accessible suite" in the service car;
- the washroom in the economy coach car;
- the wheelchair tie-down in the economy coach car; and
- the route between the tie-down in the economy coach car and the "accessible suite"in the service car,

the Agency's findings and corrective measures pertain to the economy coach car and the service car as they are connected together with the "accessible suite" next to the tie-down end of the economy coach car.

Findings of undue obstacles

The Agency found that the following constitute undue obstacles to the mobility of persons with disabilities, including persons using Personal Wheelchairs. The Agency made these determinations taking into account, among other things, the submissions by CCD and VIA and the structural and economic implications of remedying the obstacles in the Renaissance cars:

1. the inadequate width of the doors to the sleeper unit and the washroom of the "accessible suite";

2. the inability of a person to retain a Personal Wheelchair in the sleeper unit of the "accessible suite;

3. the insufficient space beside the toilet in the washroom of the "accessible suite" to allow a person using a Personal Wheelchair to effect a side transfer to the toilet;

4. the Option 1 washroom in the economy coach cars;

5. the inadequate clear floor space of the wheelchair tie-down in the economy coach cars to accommodate persons using Personal Wheelchairs, including those accompanied by a service animal (e.g. guide dogs);

6. the amount of manoeuvring space, including the lack of a 150-cm [59.06"] turning diameter, in the wheelchair tie-down area in the economy coach cars;

7. the lack of seating either beside or facing the wheelchair tie-down in the economy coach cars for an attendant;

8. the inadequate width of the bulkhead door opening located behind the wheelchair tie-down in the economy coach cars;

9. the inadequate width of the aisle between the "future valet/storage" areas located behind the wheelchair tie-down in the economy coach cars;

10. the inadequate amount of seating accommodation at floor level provided in the economy coach cars for persons who travel with service animals (e.g. guide dogs);

11. the lack of movable aisle armrests on the double seats in the VIA-1 and the economy coach cars;

12. the lack of closed stair risers in some of the Renaissance Cars;

13. the order in which the service cars are connected to the other cars on the Montréal-Toronto overnight trains; and,

14. the fact that the "accessible suite" in the service car that is ordered next to the economy coach car is not offered as accessible sleeping accommodations on the Montréal-Halifax overnight trains.

The Agency also found that the following features do not constitute undue obstacles to the mobility of persons with disabilities, including persons using Personal Wheelchairs:

1. the lack of a 150-cm (59.06") turning diameter within the "accessible suite";

2. the lack of a sleeper unit, including a washroom, in the sleeper car that is accessible to persons using Personal Wheelchairs; and,

3. the riser heights and depths of the steps of the external stairs.

Corrective measures required

Based on the undue obstacle findings, the Agency directs VIA to make the following necessary modifications to the Renaissance passenger rail cars:

1. In the "accessible suite", to ensure that:

(a) the door from the vestibule in the service car into the sleeper unit in the "accessible suite" is widened to at least 81 cm [31.89"]; and

(b) there is a wheelchair tie-down in the sleeper unit to permit a person with a disability to retain a Personal Wheelchair.

2. In the economy coach cars, through the implementation of Option 3, with the appropriate modifications, to ensure that:

(a) there is a washroom that can accommodate persons using Personal Wheelchairs close to the wheelchair tie-down;

(b) there is sufficient clear floor space in the wheelchair tie-down area to accommodate a person in a Personal Wheelchair and a service animal (e.g. guide dog); and the tie-down area, in conjunction with the area that is adjacent to it, provides adequate manoeuvring and turning space to permit a person using a Personal Wheelchair to manoeuvre into and out of the tie-down area;

(c) there is a seat for an attendant, which faces the wheelchair tie-down; and,

(d) the width of the bulkhead door opening located behind the wheelchair tie-down and the width of the aisle between the future "valet/storage"areas are at least 81 cm (31.89) in width.

3. In every economy coach car, ensure that there is one row of double seats that is lowered to floor level and that provides sufficient space for persons who travel with service animals (e.g. guide dogs);

4. In every coach car, ensure that, in addition to the four moveable aisle armrests that are presently in the cars, there are at least two additional movable aisle armrests on the double-seat side;

5. With respect to the exterior stairs on those Renaissance cars that lack closed stair risers, ensure that the open risers on those stairs are closed; and,

6. With respect to overnight trains where a sleeper car service is offered, ensure that a service car is connected in such a way that the "accessible suite" is adjacent to the wheelchair tie-down end of the economy coach car which contains the wheelchair-accessible washroom, and this suite is offered as a sleeping accommodation.

Next steps

VIA has sixty (60) days from the Decision date to submit plans for the timing to implement the modifications required by this Decision, including a proposed schedule for the commencement and completion. In addition, VIA must submit its general arrangement plans, with dimensions, required to modify the economy coach cars, the "accessible suite" and the stairs.

VIA is required to submit to the Agency detailed plans from an accessibility perspective and to obtain the Agency's written approval prior to implementing the above-noted corrective measures.

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