Dec 21, 2015, 9:01 pm
Last edit by: StartinSanDiego
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:
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
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.
Previous rule:
—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.
• 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
The Definitive Discussion of Emotional Support Animals on Airlines
Sep 28, 2017, 12:42 pm
#391
Join Date: Jun 2014
Posts: 87
What recourse do we have for changing the federal law allowing these special privileges for ESAs?
Sep 28, 2017, 1:14 pm
#392
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IANAL, but what I have been told by lawyers is the only question that may be asked is "What function does this service animal do for you?" If the answer is Emotional Support, then it is not a "protected" animal and can be denied entry whether it be restaurants, planes or any other public locations. However, in this litigious society, people are afraid to challenge the validity of the service dogs as they are afraid of being sued.
Sep 28, 2017, 2:13 pm
#393
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Join Date: Sep 2009
Location: Global
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I don't believe this is correct - my understanding is the ADA protects all service animals regardless of function or purpose and establishments are not permitted to ask for any protected health information (ie, a diagnosis or medical reason for the animal's use - a HIPPA violation) in order to allow the animal in.
Sep 28, 2017, 2:17 pm
#394
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In case anyone was wondering where human's stand vs. pets/ESA dogs...
“Our policy states that a customer (without a medical certificate) may be denied boarding if they report a life-threatening allergic reaction and cannot travel safely with an animal on board,"
https://www.nbcnews.com/storyline/ai...-plane-n805111
And while it seems like the lady *might* have been telling a tale (or a tail
), it does show if you cannot produce a letter of your own, out you go.
“Our policy states that a customer (without a medical certificate) may be denied boarding if they report a life-threatening allergic reaction and cannot travel safely with an animal on board,"
https://www.nbcnews.com/storyline/ai...-plane-n805111
And while it seems like the lady *might* have been telling a tale (or a tail
), it does show if you cannot produce a letter of your own, out you go.
Sep 28, 2017, 2:55 pm
#395
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A vendor who asks a customer to divulge PHI in violation of HIPPA before providing access to any ADA mandated service or feature is breaking both ADA and HIPPA laws.
Sep 28, 2017, 3:01 pm
#396
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I'm allergic to dogs. I like dogs, but I'm allergic to them. Reading the Southwest incident makes me wonder if I now have to go to my doctor and get a letter explaining this allergy. Even if I have one, what will that letter get me?
My allergies are under control to the point that I can travel in the same cabin as a dog. However, sitting near one could range from miserable (allergies) to dangerous (anaphylaxis) depending on the circumstances.
The one time this has come up so far, I politely asked to be reseated and that was no issue. But if a simple request should prove insufficient, do I have any rights in such a situation situation, even with a letter?
My allergies are under control to the point that I can travel in the same cabin as a dog. However, sitting near one could range from miserable (allergies) to dangerous (anaphylaxis) depending on the circumstances.
The one time this has come up so far, I politely asked to be reseated and that was no issue. But if a simple request should prove insufficient, do I have any rights in such a situation situation, even with a letter?
Sep 28, 2017, 3:18 pm
#397
Join Date: Feb 2017
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The wiki does not cover what a vendor (airline, hotel, restaurant, movie theater, etc) may ask a person with a service animal, however it is incumbent on the owner to have the service animal properly identified with a uniform and perhaps an ID card or similar. If you show up with Fido dressed up like Cher with its own baby carriage, it is most likely not a bona fide service animal, but it's the owner who needs the documents to prove it - the vendor can't ask the owner what their ailment, disability or personal health issue is.
A vendor who asks a customer to divulge PHI in violation of HIPAA before providing access to any ADA mandated service or feature is breaking both ADA and HIPAA laws.
A vendor who asks a customer to divulge PHI in violation of HIPAA before providing access to any ADA mandated service or feature is breaking both ADA and HIPAA laws.
HIPAA only applies to certain parties. ADA is different animal all together.
See this link. Read the parts on affected parties and "business associates".
https://www.hhs.gov/hipaa/for-profes...ons/index.html
Last edited by Collierkr; Sep 28, 2017 at 7:11 pm Reason: added rlevant material
Sep 28, 2017, 3:41 pm
#398
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Join Date: Sep 2009
Location: Global
Posts: 5,998
I'm allergic to dogs. I like dogs, but I'm allergic to them. Reading the Southwest incident makes me wonder if I now have to go to my doctor and get a letter explaining this allergy. Even if I have one, what will that letter get me?
My allergies are under control to the point that I can travel in the same cabin as a dog. However, sitting near one could range from miserable (allergies) to dangerous (anaphylaxis) depending on the circumstances.
The one time this has come up so far, I politely asked to be reseated and that was no issue. But if a simple request should prove insufficient, do I have any rights in such a situation situation, even with a letter?
My allergies are under control to the point that I can travel in the same cabin as a dog. However, sitting near one could range from miserable (allergies) to dangerous (anaphylaxis) depending on the circumstances.
The one time this has come up so far, I politely asked to be reseated and that was no issue. But if a simple request should prove insufficient, do I have any rights in such a situation situation, even with a letter?
Sep 28, 2017, 3:45 pm
#399
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I don't believe this is correct - my understanding is the ADA protects all service animals regardless of function or purpose and establishments are not permitted to ask for any protected health information (ie, a diagnosis or medical reason for the animal's use - a HIPPA violation) in order to allow the animal in.
14 CFR 382.117 discusses service animals.
Sep 28, 2017, 3:53 pm
#400
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Whether HIPPA has been violated or not depends on the entities involved. A bar owner cannot violate HIPPA simply by asking whetehr you have cancer or what your birthday is.
HIPPA only applies to certain parties. ADA is different animal all together.
See this link. Read the parts on affected parties and "business associates".
https://www.hhs.gov/hipaa/for-profes...ons/index.html
HIPPA only applies to certain parties. ADA is different animal all together.
See this link. Read the parts on affected parties and "business associates".
https://www.hhs.gov/hipaa/for-profes...ons/index.html
Here is a useful links regarding service animals:
https://www.ada.gov/regs2010/service_animal_qa.html
https://adata.org/publication/service-animals-booklet
You cannot be asked about your disability or medical condition, but you can be asked what service does the animal perform. For example, you don't need to disclose you have PTSD, but you can answer that the animal reduces stress - that is the task they perform or purpose. For a service animal, no documentation is required - but for an emotional support animal, a letter from the doctor that only confirms you need an emotional support animal is legally sufficient without disclosing your medical condition and an airline or other vendor is not allowed to ask you about your medical condition.
https://www.certapet.com/air-carrier-access-act/
For the record, I have no problem with either service animals or emotional support animals on board, and provided they are not disruptive, they should be welcomed openly.
Sep 28, 2017, 4:25 pm
#401
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You cannot be asked about your disability or medical condition, but you can be asked what service does the animal perform. For example, you don't need to disclose you have PTSD, but you can answer that the animal reduces stress - that is the task they perform or purpose.
The ACAA authorizes ESAs but, as you note, the requirements are different.
For the record, I have no problem with either service animals or emotional support animals on board, and provided they are not disruptive, they should be welcomed openly.
An ESA receives NO training whatsoever. It is a pet that, in theory, provides comfort to its owner in the professional opinion of a treating physician. There have been countless stories about ESAs creating disturbances on board, biting other pax, defecating in the cabin, etc. Even IF someone had a legitimate need for an ESA (I suppose there's probably someone, somewhere who does) the fact that it is an untrained pet, rather than a highly trained service animal, should disqualify its presence on-board.
Sep 28, 2017, 4:30 pm
#402
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
Good point, actually I should have remembered that regarding HIPPA.
Here is a useful links regarding service animals:
https://www.ada.gov/regs2010/service_animal_qa.html
https://adata.org/publication/service-animals-booklet
You cannot be asked about your disability or medical condition, but you can be asked what service does the animal perform. For example, you don't need to disclose you have PTSD, but you can answer that the animal reduces stress - that is the task they perform or purpose. For a service animal, no documentation is required - but for an emotional support animal, a letter from the doctor that only confirms you need an emotional support animal is legally sufficient without disclosing your medical condition and an airline or other vendor is not allowed to ask you about your medical condition.
https://www.certapet.com/air-carrier-access-act/
For the record, I have no problem with either service animals or emotional support animals on board, and provided they are not disruptive, they should be welcomed openly.
Here is a useful links regarding service animals:
https://www.ada.gov/regs2010/service_animal_qa.html
https://adata.org/publication/service-animals-booklet
You cannot be asked about your disability or medical condition, but you can be asked what service does the animal perform. For example, you don't need to disclose you have PTSD, but you can answer that the animal reduces stress - that is the task they perform or purpose. For a service animal, no documentation is required - but for an emotional support animal, a letter from the doctor that only confirms you need an emotional support animal is legally sufficient without disclosing your medical condition and an airline or other vendor is not allowed to ask you about your medical condition.
https://www.certapet.com/air-carrier-access-act/
For the record, I have no problem with either service animals or emotional support animals on board, and provided they are not disruptive, they should be welcomed openly.
ADA is a good source, but as LarryJ points out, the Air Carrier Access Act is the governing body and DOJ would determine any discrepancies.
Oct 5, 2017, 9:58 am
#403
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Join Date: Sep 2009
Location: Global
Posts: 5,998
Woman dragged off flight plans legal action
While her lawsuit is more about race, this might push airlines to push back on the ESAs. This whole thing started with her asking about dogs on the plane. (FWIW - Unless she is being crazy unreasonable, this will settle.)
--------------------------------------------------------------------------------
"When I boarded the plane, the first thing I asked the flight attendant was, 'How many dogs are going to be on this plane?'" she told ABC News, adding that she "never, never" told Southwest officials that her allergy to dogs was life-threatening.
Daulatzai, who holds a faculty appointment at the Maryland Institute College of Art, found a seat away from dogs on the flight. She says the flight's captain continued to ask her about the allergy.
"He started by saying, ‘I'm uncomfortable with you being on this plane,’" she said. "I said, 'I'm sorry. I'm the primary caretaker for my father. I need to be there. I'm asking you to reconsider.'"
Full article is here.
--------------------------------------------------------------------------------
"When I boarded the plane, the first thing I asked the flight attendant was, 'How many dogs are going to be on this plane?'" she told ABC News, adding that she "never, never" told Southwest officials that her allergy to dogs was life-threatening.
Daulatzai, who holds a faculty appointment at the Maryland Institute College of Art, found a seat away from dogs on the flight. She says the flight's captain continued to ask her about the allergy.
"He started by saying, ‘I'm uncomfortable with you being on this plane,’" she said. "I said, 'I'm sorry. I'm the primary caretaker for my father. I need to be there. I'm asking you to reconsider.'"
Full article is here.
Oct 5, 2017, 10:12 am
#404
Join Date: Apr 2017
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Posts: 1,852
While her lawsuit is more about race, this might push airlines to push back on the ESAs. This whole thing started with her asking about dogs on the plane. (FWIW - Unless she is being crazy unreasonable, this will settle.)
--------------------------------------------------------------------------------
"When I boarded the plane, the first thing I asked the flight attendant was, 'How many dogs are going to be on this plane?'" she told ABC News, adding that she "never, never" told Southwest officials that her allergy to dogs was life-threatening.
Daulatzai, who holds a faculty appointment at the Maryland Institute College of Art, found a seat away from dogs on the flight. She says the flight's captain continued to ask her about the allergy.
"He started by saying, ‘I'm uncomfortable with you being on this plane,’" she said. "I said, 'I'm sorry. I'm the primary caretaker for my father. I need to be there. I'm asking you to reconsider.'"
Full article is here.
--------------------------------------------------------------------------------
"When I boarded the plane, the first thing I asked the flight attendant was, 'How many dogs are going to be on this plane?'" she told ABC News, adding that she "never, never" told Southwest officials that her allergy to dogs was life-threatening.
Daulatzai, who holds a faculty appointment at the Maryland Institute College of Art, found a seat away from dogs on the flight. She says the flight's captain continued to ask her about the allergy.
"He started by saying, ‘I'm uncomfortable with you being on this plane,’" she said. "I said, 'I'm sorry. I'm the primary caretaker for my father. I need to be there. I'm asking you to reconsider.'"
Full article is here.
I'm firmly in the human over animal camp... but this woman acted like an idiot before, during, and after the occurrence. I'm glad they threw the book at her and I hope SWA fights it.
Oct 31, 2017, 8:02 am
#405
Join Date: Mar 2015
Posts: 3
Would not one way of stopping these online ESA certification scams be to go after the licenses of the mental health professionals who are involved? I would imagine that most state licensing boards would take a dim view of one of their professionals writing such a letter about a patient they've never met.
We can order a few of these phony letters and report the authors. A few well publicized license revocations should scare off most of the industry.
We can order a few of these phony letters and report the authors. A few well publicized license revocations should scare off most of the industry.