Delta Bans Puppies and Kittens as Service/Support Animals
Dec 11, 2018, 9:56 pm
#31
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I don't know how DL will enforce an age minimum. There's just no way to prove this. There are not verifiable records of animal birth. I mean, a tiny puppy or kitten is pretty obvious, but it's not actually provable. My dog is very small--7 pounds, and people always ask if he is a puppy, even though he is 2.5 years old.
It's not a 100% perfect process, especially with a rescue kitten of unknown birth date, but earliest rabies vaccine date in close enough to be generally very reliable in terms of verifying a four month age.
The service animal guidelines also require a vet to certify that said trained service animal have a current rabies vaccine; I think this policy revision was to close a loophole about rabies vaccines, to young animals, and many previous best practices polices from the USDA and more that mandated the vaccine for animals in transit in other circumstances.
Dec 11, 2018, 10:47 pm
#32
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Dec 11, 2018, 11:01 pm
#33
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Dec 12, 2018, 1:03 am
#34
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No, the DOT can take action against a carrier not complying with 14CFR382, but private individuals cannot take action against a carrier for noncompliance.
Dec 12, 2018, 1:09 am
#35
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Can you explain how? Please read from 14CFR382 directly:
(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
§382.117 Must carriers permit passengers with a disability to travel with service animals?
(a) As a carrier, you must permit a service animal to accompany a passenger with a disability.(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
Dec 12, 2018, 7:39 am
#36
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Can you explain how? Please read from 14CFR382 directly:
(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
§382.117 Must carriers permit passengers with a disability to travel with service animals?
(a) As a carrier, you must permit a service animal to accompany a passenger with a disability.(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
I don't see how a full ban on all ESA's on flights over 8 hours complies with this?
Dec 12, 2018, 8:44 am
#38
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I did read what you wrote. What is "worth" debating is now up for debate. 
Seriously, a few things. First, is there a private right of action under the ACAA? (Can an individual directly sue DL notwithstanding what the DOT says about their own regulations?) Second, can't an individual sue the DOT to enforce their own CFR in a way that isn't arbitrary and capricious-- i.e. make the DOT comply with the plain language of the CFR and not what people wish the CFR said?
Again, I have no dog in this race and am not in favor of puppies peeing on planes. I just don't think this complies with the CFR.
Seriously, a few things. First, is there a private right of action under the ACAA? (Can an individual directly sue DL notwithstanding what the DOT says about their own regulations?) Second, can't an individual sue the DOT to enforce their own CFR in a way that isn't arbitrary and capricious-- i.e. make the DOT comply with the plain language of the CFR and not what people wish the CFR said?
Again, I have no dog in this race and am not in favor of puppies peeing on planes. I just don't think this complies with the CFR.
No different than the DOT enforcement letter regarding "error fares." Airlines cancelling or requiring additional payments are clearly out of compliance with the DOT post-purchase rules. But, it does not matter because DOT has issued a letter advising that n the case of error fares, it will not enforce.
Dec 12, 2018, 10:55 am
#39
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Agreed. And still, I don't understand how it complies. I don't ready any flexibility in that rule, it simply states that the airline can require that the pax has a way to manage the ESA relieving itself in a sanitary way. Frankly this would not be that hard to do if the dog were trained properly to go on a pee pad. You could just bring the dog in the lav and have the dog use the pee pad and then clean up after it. This is probably going to sound gross to people, but I imagine that much grosser things happen in those lavs than this.
Dec 12, 2018, 1:21 pm
#41
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Dec 12, 2018, 1:28 pm
#42
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Dec 12, 2018, 1:42 pm
#43
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No. DOT may enforce. Private individuals may not. That is why "no action" from DOT is the end of the road.
No different than the DOT enforcement letter regarding "error fares." Airlines cancelling or requiring additional payments are clearly out of compliance with the DOT post-purchase rules. But, it does not matter because DOT has issued a letter advising that n the case of error fares, it will not enforce.
No different than the DOT enforcement letter regarding "error fares." Airlines cancelling or requiring additional payments are clearly out of compliance with the DOT post-purchase rules. But, it does not matter because DOT has issued a letter advising that n the case of error fares, it will not enforce.
Dec 12, 2018, 1:54 pm
#45
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Can you explain how? Please read from 14CFR382 directly:
(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.
§382.117 Must carriers permit passengers with a disability to travel with service animals?
(a) As a carrier, you must permit a service animal to accompany a passenger with a disability.(1) You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
(2) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger using the service animal to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight.