The DOT Wants YOU to Weigh In on What Is (& Isn’t) a Service Animal

The U.S. Department of Transportation wants flyers to weigh in on a proposed change which would limit the scope of “service animal” aboard commercial aircraft. The suggested amendment to the Air Carrier Access Act would prohibit “emotional support animals” from flying as service animals and create stricter rules and documentation for those who wish to fly with their duly-trained animals.

The U.S. Department of Transportation (DOT) wants your opinion on changes to service animal rules, as they look to add stricter requirements to which four-legged companions can fly in the main cabin. The “Notice of Proposed Rulemaking” was announced on Wednesday, Jan. 22, with comments open for the next 60 days. Interested flyers can submit a comment about the changes to the DOT at Regulations.gov, under docket number DOT-OST-2018-0068.

Proposed Changes to the Air Carrier Access Act

Under the current definition provided under the Air Carrier Access Act, a “service animal” is: “Any animal that is individually trained or able to provide assistance to a person with a disability; or any animal that assists persons with disabilities by providing emotional support.” Some flyers attempted to take the definition to the extreme, attempting to board flights with pigs and even a peacock.

The proposed DOT changes would severely limit who could fly with a “service animal,” and under what conditions. If approved, the changes would create two clear criteria for when an animal can fly as a service companion:

• Service animals would be limited to “A dog that is individually trained to do work or perform tasks for the benefit of a person with a disability.”
• “Emotional support animals” would no longer qualify to fly under the “service animal” definition.

The rule changes would allow force airlines to adopt DOT forms verifying the health, behavior, and training for a service animal. In addition, those flying with verified service animals would be forced to arrive at the airport at least one hour in advance of their flight time to “process the service animal documentation and observe the animals.”

However, the rule change falls short of banning any specific breed from the cabin. If adopted, airlines would be prohibited from “refusing to transport a service animal solely on the basis of breed.” But if that same animal displays aggressive or threatening behavior, the airline reserves the right to refuse transportation.

The Current Problem With Support Animals

The proposed changes come after a number of noted incidents over the past two years from “emotional support animals.” In Feb. 2019, an emotional support dog attacked a five-year-old girl at Portland International Airport, while an American Airlines flight attendant was bitten by a service animal on a July 2019 flight. According to veterinarians who spoke to FlyerTalk, emotional support animals are not necessarily trained to handle the stress of flying, resulting in misdirected acts of fear or aggression.

As “emotional support animals” became more popular, some groups expressed frustration with the current state of affairs. In Nov. 2019, over 80 organizations, including Leashes for Valor and the Association of Flight Attendants, signed a joint letter calling on the DOT to make changes.

While the rules were first drafted in Fall 2019, the public notice phase brings them closer to adoption. After receiving flyer feedback, the DOT will make a final decision on the change in the near future.