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The Definitive Discussion of Emotional Support Animals on Airlines

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 animals 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 passengers 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 passengers 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 handlers 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)(12).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

Old Jan 23, 2020, 4:41 pm
  #541  
 
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DOT considers proposal to ban emotional support animals

U.S. Department of Transportation Seeks Comment on Proposed Amendments to Regulation of Service Animals on Flights

The DOT proposal would allow airlines to ban all emotional support animals if they choose.

It would require that airlines allow on board only trained service animals, to be defined as dogs that have received individualized training to do work or perform tasks for a person with a disability. For example, a seeing eye dog who accompanies blind passenger.

Trained psychiatric service animals would be included, however emotional support animals would not.

Obviously, this proposed change is controversial.

I tend to support the change, having seen a proliferation of pets traveling on board posing as emotional support animals. While I do realize and respect that some passengers require an emotional support animal, I'm hopeful that consideration will be made in the classification of trained psychiatric service animal to accommodate those with legitimate needs and appropriate documentation.

Members of the public have 60 days to comment on the proposed rules.
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Old Jan 23, 2020, 4:43 pm
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Finally.
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Old Jan 23, 2020, 5:35 pm
  #543  
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PLEASE

PLEASE

PLEASE



Okay..bummer time... it is only the first of 296 steps to make it happen.
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Old Jan 23, 2020, 6:01 pm
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OMG please yes and thank you!
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Old Jan 23, 2020, 6:38 pm
  #545  
 
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Originally Posted by ursine1
While I do realize and respect that some passengers require an emotional support animal, I'm hopeful that consideration will be made in the classification of trained psychiatric service animal to accommodate those with legitimate needs and appropriate documentation.
Those are high-minded goals. "Legitimate needs" and "appropriate documentation" now involve paying $25-$49 to same-day online outfits that - to this point - meet relevant codes. Closing ESA mills down could be a legal snake pit.

The problem is the lack of standardized training and certification for ESAs compared with traditional service dogs. Owners of genuine ESAs should have no issue putting their animal through a certified training course, while families looking to bring their pet would be put off.
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Old Jan 23, 2020, 7:04 pm
  #546  
 
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Originally Posted by LegalTender
Those are high-minded goals. "Legitimate needs" and "appropriate documentation" now involve paying $25-$49 to same-day online outfits that - to this point - meet relevant codes. Closing ESA mills down could be a legal snake pit.

The problem is the lack of standardized training and certification for ESAs compared with traditional service dogs. Owners of genuine ESAs should have no issue putting their animal through a certified training course, while families looking to bring their pet would be put off.
Exactly.

Which is exactly the point of those "high-minded goals."

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Old Jan 23, 2020, 7:32 pm
  #547  
 
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Let's say a war vet with longstanding PTSD is demonstrably better with his cat. And demonstrably dysfunctional without it.

How does a cat pass a 'certified training course'?

Airlines are right to stop a process riddled with abuse. But not immune to taking advantage of their newfound flexibility.
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Old Jan 23, 2020, 7:46 pm
  #548  
 
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Originally Posted by LegalTender
Let's say a war vet with longstanding PTSD is demonstrably better with his cat. And demonstrably dysfunctional without it.

How does a cat pass a 'certified training course'?

Airlines are right to stop a process riddled with abuse. But not immune to taking advantage of their newfound flexibility.
The proposed rule changes would disallow cats to begin with, and only allow trained dogs as service animals.

Your example passenger would still be able to travel with his cat, subject to pet policies of individual air carriers. (And some carriers may still allow him to bring his emotional support animal, subject to their own individual rules regarding such.)
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Old Jan 24, 2020, 4:05 am
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why has it taken so long to get this done....
for the real cases... I am all in.. its all the other nonsense that just drives me crazy....
and I thought bringing along my wife (for free of course), counted as emotional support
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Old Jan 24, 2020, 7:02 am
  #550  
 
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This sucks. Many of the people who use the ESA "loophole" are just trying to travel in J with their pets and are willing to pay whatever it takes to get the small dog/cat in cabin with them.
Unfortunately, many airlines today will not let you bring your pet to J (even if you pay) but will allow you to bring the pet to Y - claiming 'more space'.
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Old Jan 24, 2020, 7:23 am
  #551  
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Originally Posted by fotographer
why has it taken so long to get this done....
for the real cases... I am all in.. its all the other nonsense that just drives me crazy....
and I thought bringing along my wife (for free of course), counted as emotional support
Yes, I have varied health and emotional issues that are only solved when I bring my mistress with me.
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Old Jan 24, 2020, 7:27 am
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OK, I will ask again, is the issue you all have is the animal being in the cabin, or that the passengers are not paying to have the animal on board with them in the cabin. My dog is small enough to travel in the cabin and I don't game the system by claiming he is an ESA. I pay the fee required by the airline, (once $900 RT) and he is behaved, stays in his carrier and pretty much sleeps the entire trip. He can hold his potty for close to eight hours with out any issue and at times at home lasts close to ten hours. However, he is getting older at close to twelve years in May and he is starting to have accidents, so I don't plan on bringing him on any more trips.
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Old Jan 24, 2020, 8:14 am
  #553  
 
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good. all pets are emotional support animals (that is the point of having them) and all emotional support animals are pets. pets do not belong on a plane (or in restaurants, grocery stores, etc...)

nothing better than seeing a pet drop one on the walkway in an airport terminal.
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Old Jan 24, 2020, 8:32 am
  #554  
 
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Originally Posted by teddybear99
OK, I will ask again, is the issue you all have is the animal being in the cabin, or that the passengers are not paying to have the animal on board with them in the cabin. My dog is small enough to travel in the cabin and I don't game the system by claiming he is an ESA. I pay the fee required by the airline, (once $900 RT) and he is behaved, stays in his carrier and pretty much sleeps the entire trip. He can hold his potty for close to eight hours with out any issue and at times at home lasts close to ten hours. However, he is getting older at close to twelve years in May and he is starting to have accidents, so I don't plan on bringing him on any more trips.
You're a responsible pet owner. Many are not. If I may ask, you plan to leave him at home now. Why travel with him before? Why not leave him at home?
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Old Jan 24, 2020, 11:55 am
  #555  
 
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DOT is not banning ESA. What the DOT proposes is to not give special treatment to ESA.
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