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
#571
Join Date: May 2015
Location: South Florida
Programs: DL Skymiles KE Skypass
Posts: 2,363
We had multiple trips that lasted for a month or more, and did not bring him on many short trips. The cost of boarding him for that period was way much more than bringing him with us. As my wife is weak from Cancer treatment, our trips are now usually one or two days to visit family, so my SIL will take care of him when we do travel.
#572
Join Date: Jan 2004
Location: NY
Programs: AA, Hilton
Posts: 1,579
This guy was really into something. ESB
https://thetakeout.com/emotional-sup...eer-1841203997
as for ESAs, I think most ageee its the illegitimate ones that have created a problem.
https://thetakeout.com/emotional-sup...eer-1841203997
as for ESAs, I think most ageee its the illegitimate ones that have created a problem.
#573
Join Date: Jul 2013
Posts: 5,813
I might be wrong but I thought allowing ESAs was specifically included in the ACAA? Am I wrong?
#574
Join Date: Sep 2013
Location: DAL
Posts: 1,448
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.
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.
#575
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Just stick to the NPRM if it ever becomes a Rule. No such thing as an ESA. It's either a service dog and fits the specific requirements or it's a pet. If it's the latter, it's simple and fits into each carrier's pet policy.
#578
Join Date: Jul 2013
Posts: 5,813
I find this in the text of the act:
S.1318 - Air Carrier Access Amendments Act of 2017
(3) SERVICE ANIMALS.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue revised regulations—
(A) eliminating additional documentation for psychiatric service animals;
(B) protecting the ability of travelers to use emotional support animals in air transportation; and
(C) prohibiting air carriers from requesting medical documentation regarding the need for a service animal as a standard requirement for access.
(A) eliminating additional documentation for psychiatric service animals;
(B) protecting the ability of travelers to use emotional support animals in air transportation; and
(C) prohibiting air carriers from requesting medical documentation regarding the need for a service animal as a standard requirement for access.
#579
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
This guy was really into something. ESB
https://thetakeout.com/emotional-sup...eer-1841203997
as for ESAs, I think most ageee its the illegitimate ones that have created a problem.
https://thetakeout.com/emotional-sup...eer-1841203997
as for ESAs, I think most ageee its the illegitimate ones that have created a problem.
If a person needs a service animal they are most likely in treatment with a qualified professional, versus almost all ESAs that are created from online paper mills.
#580
Join Date: Sep 2013
Location: DAL
Posts: 1,448
The amendment ordered the secretary to enact regulations for ESA's. The secretary is in the process of updating those regulations. The amendment doesn't require free and unregulated access to the aircraft for ESA's.
#581
Join Date: Mar 2011
Posts: 6,286
???
It doesn't matter what the ACAA says now.
The whole point of the proposed rulemaking is that the ACAA would be amended, and the definitions of service animals and emotional support animals would be changed. The latter specifically as pets and no longer as service animals under the act.
It doesn't matter what the ACAA says now.
The whole point of the proposed rulemaking is that the ACAA would be amended, and the definitions of service animals and emotional support animals would be changed. The latter specifically as pets and no longer as service animals under the act.
#582
Join Date: Jul 2013
Posts: 5,813
That would require an Act of Congress, not a rule making.. According to the DOT release:
It's hard for me to see how allowing airlines to prohibit ESAs would meet the requirements of the act quoted above.
If this regulation is enacted I can see litigation for a long time.
'proposed amendments to its Air Carrier Access Act (ACAA) regulation
If this regulation is enacted I can see litigation for a long time.
#584
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
The NPRM does not suggest prohibiting ESA's, it merely creates a limited definition. Passengers with animals which do not meet the new definition will still be able to transport their animal so long as it meets the air carrier's policies, including payment of fees. Here is WN's existing policy: https://www.southwest.com/html/custo...clk=SITESEARCH
#585
Moderator: Southwest Airlines, Capital One
Join Date: Sep 1999
Location: California
Programs: WN Companion Pass, A-list preferred, Hyatt Globalist; United Club Lietime (sic) Member
Posts: 21,626
Just a heads-up: This thread will be moving soon to an existing discussion in Travel Buzz.