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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Dec 21, 2015, 9:01 pm
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THIS THREAD IS NOW ARCHIVED. PLEASE CONTINUE THE DISCUSSION HERE: https://www.flyertalk.com/forum/travelbuzz/2032204-support-animals-cabin-2021-onwards.html


Service and Support Animals (Updated)


Wednesday, December 2, 2020WASHINGTON – The U.S. Department of Transportation today announced that it is revising its Air Carrier Access Act (ACAA) regulation on the transportation of service animals by air to ensure a safe and accessible air transportation system. The final rule on Traveling by Air with Service Animals can be found HERE.

The Department received more than 15,000 comments on the notice of proposed rulemaking. The final rule announced today addresses concerns raised by individuals with disabilities, airlines, flight attendants, airports, other aviation transportation stakeholders, and other members of the public, regarding service animals on aircraft.

The final rule:
  • Defines a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability;
  • No longer considers an emotional support animal to be a service animal;
  • Requires airlines to treat psychiatric service animals the same as other service animals;
  • Allows airlines to require forms developed by DOT attesting to a service animal’s health, behavior and training, and if taking a long flight attesting that the service animal can either not relieve itself, or can relieve itself in a sanitary manner;
  • Allows airlines to require individuals traveling with a service animal to provide the DOT service animal form(s) up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time;
  • Prohibits airlines from requiring passengers with a disability who are traveling with a service animal to physically check-in at the airport instead of using the online check-in process;
  • Allows airlines to require a person with a disability seeking to travel with a service animal to provide the DOT service animal form(s) at the passenger’s departure gate on the date of travel;
  • Allows airlines to limit the number of service animals traveling with a single passenger with a disability to two service animals;
  • Allows airlines to require a service animal to fit within its handler’s foot space on the aircraft;
  • Allows airlines to require that service animals be harnessed, leashed, or tethered at all times in the airport and on the aircraft;
  • Continues to allow airlines to refuse transportation to service animals that exhibit aggressive behavior and that pose a direct threat to the health or safety of others; and
  • Continues to prohibit airlines from refusing to transport a service animal solely based on breed.
The final rule will be effective 30 days after date of publication in the Federal Register.
Previous rule:

The main requirements of Part 382 regarding service animals are:

• Carriers shall permit dogs and other service animals used by persons with disabilities to accompany the persons on a flight. See section 382.55(a)(1–2).—Carriers shall accept as evidence that an animal is a service animal identifiers such as identification cards, other written documentation, presence of harnesses, tags or the credible verbal assurances of a qualified individual with a disability using the animal.
—Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation or to comply with FAA regulations.

• If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying, the carrier shall offer the passenger the opportunity to move with the animal to a seat location in the same class of service, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel in the cargo hold (see section 382.37(c)).

• Carriers shall not impose charges for providing facilities, equipment, or services that are required by this part to be provided to qualified individuals with a disability (see section 382.57).



To determine whether an animal is a service animal and should be allowed to accompany its user in the cabin, airline personnel should:

1. Establish whether the animal is a pet or a service animal, and whether the passenger is a qualified individual with a disability; and then
2. Determine if the service animal presents either
• a ‘‘direct threat to the health or safety of others,’’ or
• a significant threat of disruption to the airline service in the cabin (i.e. a ‘‘fundamental alteration’’ to passenger service). See 382.7(c).

full text can be found: here.



United policy on Emotional Support Animals: https://hub.united.com/united-emotio...530539164.html

Delta policy on Emotional Support Animals: https://www.delta.com/content/www/en...e-animals.html

American Airlines policy on Emotional Support Animals: https://www.aa.com/i18n/travel-info/...ce-animals.jsp

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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Oct 26, 2016, 5:03 am
  #211  
 
Join Date: Aug 2008
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Originally Posted by Global321
I believe ESA's are required to be trained.
No.
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Old Oct 26, 2016, 5:17 am
  #212  
 
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Originally Posted by Global321
I believe ESA's are required to be trained.
From the ADA regulations defining what is a service animal:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
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Old Oct 26, 2016, 7:23 am
  #213  
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Originally Posted by CDTraveler
From the ADA regulations defining what is a service animal:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
Yes. I deleted my post.
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Old Oct 29, 2016, 12:51 am
  #214  
 
Join Date: Mar 2005
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I had a seizure alert dog

While I do not have epilepsy, I have suffered from seizures where I lost consciousness 5 times between the ages of 9 and 35. The last was 12 years ago. With pharmacological advances, I expect it will be my last .
I did have a seizure alert dog that my family paid $70,000 for until he passed away 4 years ago. My seizures were not life threatening but would have been if behind the wheel of a car. Spike, my dog, was a 17 lb Terrier mix that was somehow gifted with being able to smell the chemical secreted before my seizures and warn me. Humans cannot smell it. Though it never happened in the car, it allowed me to drive as I would have about 4-8 minutes to pull over and get ready for it.
The last time he traveled with me (so I could drive at the destination) was from SFO to Oslo. The government vet even met me at the airport for Spike's quick exam.
I agree now, that the Emo support pets have gotten out of hand. I actually always carried him in a soft carrier anyway as too many people would come up and disturb him if out of the carrier. But to be honest, not one person ever questioned him accompanying me except at US Airways counter at Venice airport. Never in the U.S.
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Old Oct 29, 2016, 7:39 am
  #215  
 
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Originally Posted by Darlox
I would guess that, policy or no policy, a lot of staff are more afraid about getting into the type of heated argument that occurred on Sunday over a "disability", than enforcing this policy, assuming they even know about it. Easier to just wave the passenger through if they say "Oh, it's my emotional support dog" while boarding...
I believe you are 100% correct on assigning reason to this. It's far easier to turn a blind eye, than to deal with the consequences if they complain. It's the same reason oversized bags (larger than 9x14x22) aren't stopped in boarding groups 1/2 by many, that people not in uniform are preboarded when they hold up a military ID, that people in BG 4 are boarded with 3...
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Old Oct 29, 2016, 7:09 pm
  #216  
 
Join Date: Aug 2016
Posts: 165
Originally Posted by escapefromphl
+1 The whole emotional support animal allowance needs to be stopped. Why not just follow the UK system where dogs need to be specially trained certified and registered on a site which costs thousands of dollars?

http://www.assistancedogsinternational.org/

http://www.britishairways.com/en-us/...assistance-dog

I don't have a problem with pets in their carriers in cabin, assuming all fees have been paid.
I second this. Clear standards and certification for true ADA animals would be better for everyone.

We travel with our miniature Dachshund in the cabin frequently (non ESA), but she stays under the seat in her carrier, is very well behaved (people usually have no idea she is there) and we pay the applicable airline fees. I really get annoyed when people try to circumvent the rules and fees with bogus ADA/ESA claims.
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Old Oct 30, 2016, 12:26 am
  #217  
 
Join Date: May 2005
Posts: 4,735
Originally Posted by escapefromphl
+1 The whole emotional support animal allowance needs to be stopped. Why not just follow the UK system where dogs need to be specially trained certified and registered on a site which costs thousands of dollars?
Charging people with a disability severe enough to require fully trained service dog "thousands of dollars" is not the answer to the faux ESA problem. The real, trained service dogs already cost between $20,000 and $80,000 and they do real work: why should their owners pay the bill to weed out fakes?
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Old Oct 30, 2016, 12:42 am
  #218  
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Originally Posted by CDTraveler
Charging people with a disability severe enough to require fully trained service dog "thousands of dollars" is not the answer to the faux ESA problem. The real, trained service dogs already cost between $20,000 and $80,000 and they do real work: why should their owners pay the bill to weed out fakes?
Isn't that the solution right there... If you are paying $20k++ for a real service dog, have the people training the dogs register the dog at the site and have a real gov't ID with the dog. No additional fee needed for these dogs.

If you NEED (not want) an ESA, then you should pay $1000+ for the real gov't ID and be cared for by a medical doctor who will also sign off on it.
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Old Oct 30, 2016, 5:11 pm
  #219  
 
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Originally Posted by Global321
Isn't that the solution right there... If you are paying $20k++ for a real service dog, have the people training the dogs register the dog at the site and have a real gov't ID with the dog. No additional fee needed for these dogs.

If you NEED (not want) an ESA, then you should pay $1000+ for the real gov't ID and be cared for by a medical doctor who will also sign off on it.
No, you missed the point.

Medical expenses for people with real disabilities are already way too high. Adding to their expenses to fight fraudulent emotional support animals is wrong on every level, no matter where you try to hide the fees.

Generally people with a legitimate need for emotional support animals (PTSD and the like) are already paying out of pocket for care far in excess of what those physical health problems pay. I spent 9 years working in mental health care and saw the harmful effects of insane insurance rules every day. Asking those people to find $1000+ for paperwork to enable them have their necessary treatment modality with them in public will cause far more harm than good.

What is needed is a genuine registry that verifies need and credentials in advance and issues a government ID for either patient or animal. Then the airlines, businesses and whatever can ask to see the credential and not ask questions their frontline staff isn't trained to interpret correctly, like "Is this animal trained to do a specific task?"

The money to regulate this needs to come from those gaming the system. If you want Foofy the poodle to fly in your lap and you lie about it being an ESA, prepare to pay up big time, and maybe face legal consequences for attempting to defraud the airline out the pet fee.
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Old Oct 30, 2016, 9:52 pm
  #220  
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Originally Posted by CDTraveler
No, you missed the point.

Medical expenses for people with real disabilities are already way too high. Adding to their expenses to fight fraudulent emotional support animals is wrong on every level, no matter where you try to hide the fees.

Generally people with a legitimate need for emotional support animals (PTSD and the like) are already paying out of pocket for care far in excess of what those physical health problems pay. I spent 9 years working in mental health care and saw the harmful effects of insane insurance rules every day. Asking those people to find $1000+ for paperwork to enable them have their necessary treatment modality with them in public will cause far more harm than good.

What is needed is a genuine registry that verifies need and credentials in advance and issues a government ID for either patient or animal. Then the airlines, businesses and whatever can ask to see the credential and not ask questions their frontline staff isn't trained to interpret correctly, like "Is this animal trained to do a specific task?"

The money to regulate this needs to come from those gaming the system. If you want Foofy the poodle to fly in your lap and you lie about it being an ESA, prepare to pay up big time, and maybe face legal consequences for attempting to defraud the airline out the pet fee.
I think we mostly agree. Service dogs are expensive. And they do not need more expense.

It is the ESAs that are a problem. Maybe it is as simple as you must be under the care a real medical doctor's care, seeing that person, say at least 10 times in the last 6 months, then you are eligible for the govt tags to bring your ESA. (After all, this affliction is so serious you NEED an ESA to survive the trip and we need to ensure you will not harm yourself, so current care is needed.) No extra fee needed.

The goal should be simple - weed out all the fakes, leave only the people who NEED an ESA, not those that WANT an ESA. (And shut down all the certificate mills!)
Global321 is offline  
Old Nov 10, 2016, 2:52 pm
  #221  
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More and more people are getting fed up with the fakes.

Sara Nelson, president of the Association of Flight Attendants, said too many flights have been disrupted by animals that are not real service animals.

"We've gotten reports on animals on board, anything from a pig to a rooster to a goose,” she said. "And those animals have gotten loose, they have been racing all over the cabin.

"Every time you fake a service animal, you're injuring a real veteran or non-veteran," said Florida state Rep. Jimmie T. Smith.


Click here for the whole story.
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Old Dec 12, 2016, 3:02 am
  #222  
 
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Friend of mine was on UA's flight yesterday:


Last edited by invisible; Dec 12, 2016 at 9:11 pm
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Old Dec 12, 2016, 1:43 pm
  #223  
 
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I'm glad I wasn't the next person to use that arm rest.
celle is offline  
Old Dec 12, 2016, 6:48 pm
  #224  
 
Join Date: May 2011
Posts: 314
Originally Posted by CDTraveler
From the ADA regulations defining what is a service animal:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
The lack of training is my biggest issue with ESA. I've been on more than one flight where an ESA (which is typically a dog) where the animal has been jumping on passengers, barks, and generally possesses bad manners.

I think every ESA should have to pass the canine good citizen test (or the appropriate equivalent for other animals). It's a test that goes beyond basic obedience, but it is not nearly to the riguor of the tests that service dogs must pass. To me it makes sense that when someone wants to bring their animal on as an ESA that they provide documentation that their animal has undergone this type of training.

I would also assume that people who have the legitimate need for an ESA would not object to making sure that their animal has the appropriate manners and social skills needed in order to ride uncrated in a small space with potentially a few hundred other people. I think this sort of barrier would weed out the fakers from the people who truly need their ESA, but isn't so onerous that it's not achievable for most.

And honestly, I don't care if the ESA is a true ESA or a pet in disguise. I just want to make sure that it's appropriately behaved.
Emma1420 is offline  
Old Dec 13, 2016, 9:41 pm
  #225  
 
Join Date: Aug 2013
Location: Olde Dominion
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I was in a B6 flight recently, seated in a row with a couple who had a bulldog puppy. The man had it in his lap before takeoff (not in the carrier). After the flight attendants made several passes by without saying anything, I finally stopped one and asked if the dog should be in its carrier.

She then asked the man if the dog were an ESA or a pet they had paid a fee for. He said it was a pet, and the FA said it had to be in its carrier. So then the guy put it in the carrier, which he held on his lap for takeoff.

*facepalm*
Kamalaasaa is offline  


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