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
#451
Join Date: Oct 2011
Location: BUR / LAX
Programs: UA MM/Gold; WN A-list; HH something depending; Marriott Gold
Posts: 1,555
Some humor, but also makes the point. Emotional support goldfish. I wonder how the 3 oz liquid rule impacts this ESA?
https://viewfromthewing.boardingarea...sh-behind-tsa/
https://viewfromthewing.boardingarea...sh-behind-tsa/
#452
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
We are slowly moving to more reasonable ESA rules...
https://onemileatatime.boardingarea....olicy-changes/
Delta's changes...
(source: OMAAT)
Another interesting stat... Delta alone carries 700 service or support animals per day. According to Lucky's math = 1 in every 720 passengers has one. That works out to be at least one in EVERY 2-3 planes. I personally would bet the over.
Hopefully, UA/AA/ et al all follow suit and keep tightening the rules.
https://onemileatatime.boardingarea....olicy-changes/
Delta's changes...
- Each passenger is limited to one emotional support animal
- Pit bull type dogs are no longer permitted onboard as emotional support animals
(source: OMAAT)
Another interesting stat... Delta alone carries 700 service or support animals per day. According to Lucky's math = 1 in every 720 passengers has one. That works out to be at least one in EVERY 2-3 planes. I personally would bet the over.
Hopefully, UA/AA/ et al all follow suit and keep tightening the rules.
#453
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
Airlines for America Advocate for Change In Animal Legislation
Trade advocacy group Airlines for America (A4A) sent a letter to the United States Department of Transportation asking for stricter policies for emotional support animals.
More information...
https://www.travelpulse.com/news/air...gislation.html
More information...
https://www.travelpulse.com/news/air...gislation.html
#454
Join Date: Feb 2002
Location: NYC: UA 1K, DL Platinum, AAirpass, Avis PC
Posts: 4,599
Here's the full document. It's a good read for nuance on this issue.
https://www.regulations.gov/contentS...ontentType=pdf
Looks like they're also looking to clarify the rights of passengers seated next to an ESA:
"It is self-evident that it would “fundamentally alter” the service provided to the adjacent passenger to deprive that passenger of his/her foot space and obligate or pressure the passenger to share the space with an unfamiliar animal and the need to even make such an inquiry places airline agents and flight attendants in an uncomfortable position. DOT, in clarifying in its Final Statement that carriers are not required to accept animals that do not fit under a single seat, should revert to guidance that existed prior to 2009. Because this is a “guidance” issue that is not contained in DOT’s regulations, DOT can and should address this issue in the Final Statement; it would be neither necessary nor appropriate to defer action on this issue until the conclusion of the rulemaking."
This is the Q&A from DOT on the matter in 2009 that weakened the old guidance.
https://cms.dot.gov/sites/dot.gov/fi..._5_13_09_2.pdf
Currently if you stand firm and don't want an animal encroaching your foot space, they have to ask if another passenger is willing to sit next to the animal. Though if you're say in a bulkhead, with current rules it could mean you have to move to a less desirable seat since the person who is OK next to the animal might be in a middle seat two rows behind.
"What should airline personnel do if a passenger with a disability is accompanied in the airplane cabin by a service animal that does not fit in the space immediately in front of the passenger and there is no other seat in the cabin with sufficient space to safely accommodate the animal?
Answer: If a service animal does not fit in the space immediately in front of the accompanying passenger with a disability and there is no other seat with sufficient space to safely accommodate the animal and its partner (i.e., user), there are several options to consider for accommodating the service animal in the cabin in the same class of service. The carrier should speak with other passengers to find a passenger in an adjacent seat who is willing to share foot space with the animal, or a passenger in a seat adjacent to a location where the service animal can be accommodated (e.g., in the space behind the last row of seats) or adjacent to an empty seat, who is willing to exchange seats with the service animal’s partner. As noted in the preamble to our rule, there are probably no circumstances in which the purchase of a second seat would be necessary to accommodate the service animal. If a class of service on a flight is totally filled, there would not be any seat available for purchase. If the class of service had even one middle seat unoccupied, the passenger with a service animal could be seated next to the vacant seat. It is likely that even a large animal (e.g., Great Dane) could use some of the floor space of the vacant seat, making any further purchase by the passenger unnecessary. Only if there is no alternative available to enable the passenger to travel with the service animal in the cabin on that flight should the carrier offer options such as transporting the service animal in the cargo hold or transportation on a later flight with more room. When transportation on a later flight is offered, carriers are strongly encouraged, but not required by Part 382, to allow any passenger who wishes to rebook on a different flight to the same destination and on the same airline to do so at the same fare."
https://www.regulations.gov/contentS...ontentType=pdf
Looks like they're also looking to clarify the rights of passengers seated next to an ESA:
"It is self-evident that it would “fundamentally alter” the service provided to the adjacent passenger to deprive that passenger of his/her foot space and obligate or pressure the passenger to share the space with an unfamiliar animal and the need to even make such an inquiry places airline agents and flight attendants in an uncomfortable position. DOT, in clarifying in its Final Statement that carriers are not required to accept animals that do not fit under a single seat, should revert to guidance that existed prior to 2009. Because this is a “guidance” issue that is not contained in DOT’s regulations, DOT can and should address this issue in the Final Statement; it would be neither necessary nor appropriate to defer action on this issue until the conclusion of the rulemaking."
This is the Q&A from DOT on the matter in 2009 that weakened the old guidance.
https://cms.dot.gov/sites/dot.gov/fi..._5_13_09_2.pdf
Currently if you stand firm and don't want an animal encroaching your foot space, they have to ask if another passenger is willing to sit next to the animal. Though if you're say in a bulkhead, with current rules it could mean you have to move to a less desirable seat since the person who is OK next to the animal might be in a middle seat two rows behind.
"What should airline personnel do if a passenger with a disability is accompanied in the airplane cabin by a service animal that does not fit in the space immediately in front of the passenger and there is no other seat in the cabin with sufficient space to safely accommodate the animal?
Answer: If a service animal does not fit in the space immediately in front of the accompanying passenger with a disability and there is no other seat with sufficient space to safely accommodate the animal and its partner (i.e., user), there are several options to consider for accommodating the service animal in the cabin in the same class of service. The carrier should speak with other passengers to find a passenger in an adjacent seat who is willing to share foot space with the animal, or a passenger in a seat adjacent to a location where the service animal can be accommodated (e.g., in the space behind the last row of seats) or adjacent to an empty seat, who is willing to exchange seats with the service animal’s partner. As noted in the preamble to our rule, there are probably no circumstances in which the purchase of a second seat would be necessary to accommodate the service animal. If a class of service on a flight is totally filled, there would not be any seat available for purchase. If the class of service had even one middle seat unoccupied, the passenger with a service animal could be seated next to the vacant seat. It is likely that even a large animal (e.g., Great Dane) could use some of the floor space of the vacant seat, making any further purchase by the passenger unnecessary. Only if there is no alternative available to enable the passenger to travel with the service animal in the cabin on that flight should the carrier offer options such as transporting the service animal in the cargo hold or transportation on a later flight with more room. When transportation on a later flight is offered, carriers are strongly encouraged, but not required by Part 382, to allow any passenger who wishes to rebook on a different flight to the same destination and on the same airline to do so at the same fare."
#455
Join Date: May 2015
Location: South Florida
Programs: DL Skymiles KE Skypass
Posts: 2,363
Here's the full document. It's a good read for nuance on this issue.
https://www.regulations.gov/contentS...ontentType=pdf
Looks like they're also looking to clarify the rights of passengers seated next to an ESA:
"It is self-evident that it would “fundamentally alter” the service provided to the adjacent passenger to deprive that passenger of his/her foot space and obligate or pressure the passenger to share the space with an unfamiliar animal and the need to even make such an inquiry places airline agents and flight attendants in an uncomfortable position. DOT, in clarifying in its Final Statement that carriers are not required to accept animals that do not fit under a single seat, should revert to guidance that existed prior to 2009. Because this is a “guidance” issue that is not contained in DOT’s regulations, DOT can and should address this issue in the Final Statement; it would be neither necessary nor appropriate to defer action on this issue until the conclusion of the rulemaking."
This is the Q&A from DOT on the matter in 2009 that weakened the old guidance.
https://cms.dot.gov/sites/dot.gov/fi..._5_13_09_2.pdf
Currently if you stand firm and don't want an animal encroaching your foot space, they have to ask if another passenger is willing to sit next to the animal. Though if you're say in a bulkhead, with current rules it could mean you have to move to a less desirable seat since the person who is OK next to the animal might be in a middle seat two rows behind.
"What should airline personnel do if a passenger with a disability is accompanied in the airplane cabin by a service animal that does not fit in the space immediately in front of the passenger and there is no other seat in the cabin with sufficient space to safely accommodate the animal?
Answer: If a service animal does not fit in the space immediately in front of the accompanying passenger with a disability and there is no other seat with sufficient space to safely accommodate the animal and its partner (i.e., user), there are several options to consider for accommodating the service animal in the cabin in the same class of service. The carrier should speak with other passengers to find a passenger in an adjacent seat who is willing to share foot space with the animal, or a passenger in a seat adjacent to a location where the service animal can be accommodated (e.g., in the space behind the last row of seats) or adjacent to an empty seat, who is willing to exchange seats with the service animal’s partner. As noted in the preamble to our rule, there are probably no circumstances in which the purchase of a second seat would be necessary to accommodate the service animal. If a class of service on a flight is totally filled, there would not be any seat available for purchase. If the class of service had even one middle seat unoccupied, the passenger with a service animal could be seated next to the vacant seat. It is likely that even a large animal (e.g., Great Dane) could use some of the floor space of the vacant seat, making any further purchase by the passenger unnecessary. Only if there is no alternative available to enable the passenger to travel with the service animal in the cabin on that flight should the carrier offer options such as transporting the service animal in the cargo hold or transportation on a later flight with more room. When transportation on a later flight is offered, carriers are strongly encouraged, but not required by Part 382, to allow any passenger who wishes to rebook on a different flight to the same destination and on the same airline to do so at the same fare."
https://www.regulations.gov/contentS...ontentType=pdf
Looks like they're also looking to clarify the rights of passengers seated next to an ESA:
"It is self-evident that it would “fundamentally alter” the service provided to the adjacent passenger to deprive that passenger of his/her foot space and obligate or pressure the passenger to share the space with an unfamiliar animal and the need to even make such an inquiry places airline agents and flight attendants in an uncomfortable position. DOT, in clarifying in its Final Statement that carriers are not required to accept animals that do not fit under a single seat, should revert to guidance that existed prior to 2009. Because this is a “guidance” issue that is not contained in DOT’s regulations, DOT can and should address this issue in the Final Statement; it would be neither necessary nor appropriate to defer action on this issue until the conclusion of the rulemaking."
This is the Q&A from DOT on the matter in 2009 that weakened the old guidance.
https://cms.dot.gov/sites/dot.gov/fi..._5_13_09_2.pdf
Currently if you stand firm and don't want an animal encroaching your foot space, they have to ask if another passenger is willing to sit next to the animal. Though if you're say in a bulkhead, with current rules it could mean you have to move to a less desirable seat since the person who is OK next to the animal might be in a middle seat two rows behind.
"What should airline personnel do if a passenger with a disability is accompanied in the airplane cabin by a service animal that does not fit in the space immediately in front of the passenger and there is no other seat in the cabin with sufficient space to safely accommodate the animal?
Answer: If a service animal does not fit in the space immediately in front of the accompanying passenger with a disability and there is no other seat with sufficient space to safely accommodate the animal and its partner (i.e., user), there are several options to consider for accommodating the service animal in the cabin in the same class of service. The carrier should speak with other passengers to find a passenger in an adjacent seat who is willing to share foot space with the animal, or a passenger in a seat adjacent to a location where the service animal can be accommodated (e.g., in the space behind the last row of seats) or adjacent to an empty seat, who is willing to exchange seats with the service animal’s partner. As noted in the preamble to our rule, there are probably no circumstances in which the purchase of a second seat would be necessary to accommodate the service animal. If a class of service on a flight is totally filled, there would not be any seat available for purchase. If the class of service had even one middle seat unoccupied, the passenger with a service animal could be seated next to the vacant seat. It is likely that even a large animal (e.g., Great Dane) could use some of the floor space of the vacant seat, making any further purchase by the passenger unnecessary. Only if there is no alternative available to enable the passenger to travel with the service animal in the cabin on that flight should the carrier offer options such as transporting the service animal in the cargo hold or transportation on a later flight with more room. When transportation on a later flight is offered, carriers are strongly encouraged, but not required by Part 382, to allow any passenger who wishes to rebook on a different flight to the same destination and on the same airline to do so at the same fare."
#456
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
I doubt I will refuse to sit next to one as I am an animal lover, but ultimately, I, as the offended passenger, can refuse to sit next to someone who has an animal who encroaches into my foot space. The passenger with the animal will have to be reaccomodated, not me, unless they offer me a better seat elsewhere (like FC).
#457
Join Date: Feb 2002
Location: NYC: UA 1K, DL Platinum, AAirpass, Avis PC
Posts: 4,599
You can also comment now directly to the DOT regarding the rule making changes:
https://www.regulations.gov/document...2018-0068-1157
Click 'comment now'
They were due on the 9th, but they still review to the extent practical.
https://www.regulations.gov/document...2018-0068-1157
Click 'comment now'
They were due on the 9th, but they still review to the extent practical.
#458
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
https://www.flyertalk.com/articles/l...-airlines.html
A family is suing Alaska Airlines after their five-year-old child was allegedly mauled by an emotional support animal at the airport in Portland; the dog was neither crated nor wearing a muzzle—the owner of the support dog is being sued as part of the lawsuit as well, which is asking for $1.1 million.
Dogs at airports are so common now, it does not raise an eyebrow.
I counted 10 walking from security to the FL a few weeks ago. Two of them were huge - well over 75 pounds. I can't imagine sitting next to them.
A family is suing Alaska Airlines after their five-year-old child was allegedly mauled by an emotional support animal at the airport in Portland; the dog was neither crated nor wearing a muzzle—the owner of the support dog is being sued as part of the lawsuit as well, which is asking for $1.1 million.
Dogs at airports are so common now, it does not raise an eyebrow.
I counted 10 walking from security to the FL a few weeks ago. Two of them were huge - well over 75 pounds. I can't imagine sitting next to them.
#459
Join Date: Jun 2014
Posts: 87
Sadly I think it is going to take more people being attacked by animals, and the victim suing the airline, in order to see any real change here.
I agree, the amount of pets (let's be honest, an ESA is a pet, period) in airports and on planes has gotten out of control. I had one vomit on my flight a few months ago, last year in LAX a woman's ankle biter defecated in the terminal and she just walked away. It is rude and inconsiderate to all the other passengers.
I agree, the amount of pets (let's be honest, an ESA is a pet, period) in airports and on planes has gotten out of control. I had one vomit on my flight a few months ago, last year in LAX a woman's ankle biter defecated in the terminal and she just walked away. It is rude and inconsiderate to all the other passengers.
#460
FlyerTalk Evangelist
Join Date: Apr 2013
Posts: 26,288
Absolutely. And for owners of pets, it makes economic sense to call one's dog or cat an ESA in order to avoid the increasing costs of dealing with them in an appropriate manner. So unless and until that situation changes, we can expect the problem to worsen.
#461
Join Date: Jan 2010
Posts: 9,307
The owners don't appear to want them dealt with in an appropriate manner - they want them alongside them.
#462
Join Date: Jun 2014
Posts: 87
<br /><br />I disagree. The correct solution here is that if you want to create a new classification for ESA that receives special privileges (i.e. such as on airplanes and in rental housing that otherwise prohibits "pets"), then these animals should conform more closely to those covered by the ADA. Where I am going with this is an ESA should be required to have training similar to a service animal. I am not talking about seeing eye dogs or those trained to recognize a seizure. I am talking about the training they receive around their behavior in large crowds and how to control their bodily function. This would address much of the issue with their misbehavior of these pets. I still wouldn't like this, but it should address some of the major problems surrounding ESAs and it would negate the financial advantage of individuals falsely claiming their pet is an ESA.
#463
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,417
One solution might be to initiate a regulation requiring that ESAs be tested and certified to behave well (and provide some service, such as to PTSD vets?). If the cost is enough or the barriers are otherwise sufficiently high, few people will be incentivized to claim that their pet is an ESA.
Better yet, make the claiming or otherwise enabling fake ESAs a felony and convict a few people who are given prison terms for this. Likewise if your ESA or whatever attacks someone off of your propoerty, make this a felony with associated prison time. It's too easy for people to avoid civil penalties for damages by claiming that they have no resources.
Better yet, make the claiming or otherwise enabling fake ESAs a felony and convict a few people who are given prison terms for this. Likewise if your ESA or whatever attacks someone off of your propoerty, make this a felony with associated prison time. It's too easy for people to avoid civil penalties for damages by claiming that they have no resources.
#464
FlyerTalk Evangelist
Join Date: Apr 2013
Posts: 26,288
<br /><br />I disagree. The correct solution here is that if you want to create a new classification for ESA that receives special privileges (i.e. such as on airplanes and in rental housing that otherwise prohibits "pets"), then these animals should conform more closely to those covered by the ADA. Where I am going with this is an ESA should be required to have training similar to a service animal. I am not talking about seeing eye dogs or those trained to recognize a seizure. I am talking about the training they receive around their behavior in large crowds and how to control their bodily function. This would address much of the issue with their misbehavior of these pets. I still wouldn't like this, but it should address some of the major problems surrounding ESAs and it would negate the financial advantage of individuals falsely claiming their pet is an ESA.
#465
Join Date: Jun 2008
Posts: 2,203
Help me out here. A very small dog, on a leash, no service markings, in the UA Club - EWR (and rubs its butt on the carpet). Passengers (a couple) were in there for at least two hours taking turns walking the dog throughout the lounge, sniffing at every stop. I ask about it at the counter and I am told, curtly, 'dogs are allowed in' and he moved on to the next customer. After checking UA Club rules, it seems that pets, other than SERVICE animals, must remain in a carrier. A ESA is not a SERVICE dog, correct?
(As I have pointed out previously, I am not at all anti-service animal, but I am anti ESA, especially after learning how easy it is to obtain a 'certificate' to avoid paying the pet fee on an airline.)
(As I have pointed out previously, I am not at all anti-service animal, but I am anti ESA, especially after learning how easy it is to obtain a 'certificate' to avoid paying the pet fee on an airline.)