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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Dec 21, 2015, 9:01 pm
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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:
  • 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.
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)(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

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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Jan 27, 2020, 4:15 pm
  #586  
 
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Originally Posted by rsteinmetz70112
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.
The the ACAA specifically empowers and requires the DOT to make regulations concerning air travel and the disabled. These regulations change periodically through amendment, or through guidance notification. Under ADA, emotional support animals have never been considered service animals. The DOT now seeks to align the definition under ACAA with that of the DOJ. They have the power to do this.
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Old Jan 28, 2020, 7:36 am
  #587  
 
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I think that if people want to bring their so called ESA or SA with them on a plane. They should then have to show certification of training ( not demonstrate ), certified letter from a doctor and the animal's ADA certification.
The reason for not demonstrating is that some animals are trained to sense a persons heart rate or anxiety. Things like that you can't have the animal demonstrate.
I have a certified ESA and I have certification for her ESA as well as off leash and behavioral training. The training was done by professionals. I as well had to attend a training class to know the commands and when to use them.
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Old Jan 28, 2020, 1:32 pm
  #588  
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Thread merge

Moderator Note: The Southwest Airlines discussion has been merged into our master thread. Welcome new thread participants.

There may be some continuity gaps as a result of the merge.
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Old Jan 29, 2020, 2:30 am
  #589  
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Originally Posted by Josh Grilz
I think that if people want to bring their so called ESA or SA with them on a plane. They should then have to show certification of training ( not demonstrate ), certified letter from a doctor and the animal's ADA certification.
The reason for not demonstrating is that some animals are trained to sense a persons heart rate or anxiety. Things like that you can't have the animal demonstrate.
I have a certified ESA and I have certification for her ESA as well as off leash and behavioral training. The training was done by professionals. I as well had to attend a training class to know the commands and when to use them.
I do not believe there is any official 'certification' of ESAs. In other words, there are hundreds (or more) websites that offer ESA certification. From the government standpoint, none of the ESA certifications are any more legitimate than others.

ESA needs to move to real gov't certification to remove the fakes.
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Old Jan 31, 2020, 12:11 am
  #590  
 
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Comment on the DOT proposed rule change here: https://www.regulations.gov/docket?D=DOT-OST-2018-0068
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Old Jun 19, 2020, 9:50 am
  #591  
 
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Pets and animals on plane.

Being that airlines allow Emotional Support Animals and other pets and animals aboard, is it possible to ask an airline that I do not want to be seated near these animals, since I have allergies ?
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Old Jun 19, 2020, 9:51 am
  #592  
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Originally Posted by hashnet
Being that airlines allow Emotional Support Animals and other pets and animals aboard, is is possible to ask an airline that I do not want to be seated near these animals, since I have allergies ?
of course you can ask to be reseated--as long as space permits. Otherwise you'll have to deplane (at your option) and take a later flight.
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Old Jun 19, 2020, 10:02 am
  #593  
 
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No, what I meant was, can I request that I not be seated at reservation near animals? Requesting this ahead of time.
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Old Jun 19, 2020, 3:07 pm
  #594  
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Originally Posted by hashnet
No, what I meant was, can I request that I not be seated at reservation near animals? Requesting this ahead of time.
Unfortunately, no. You can ask at the gate and they may help you, but I would not expect it.

They will move you on the plane by asking for volunteers. Typically it is people in middle seats, so expect a downgrade in seating.
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Old Jun 19, 2020, 5:21 pm
  #595  
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Originally Posted by hashnet
Being that airlines allow Emotional Support Animals and other pets and animals aboard, is it possible to ask an airline that I do not want to be seated near these animals, since I have allergies ?
You would need to be the one to change seats, it would be inappropriate to expect the other traveler and their companion to move for you.
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Old Jun 19, 2020, 5:33 pm
  #596  
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Originally Posted by bocastephen
You would need to be the one to change seats, it would be inappropriate to expect the other traveler and their companion to move for you.
I believe OP was trying to be proactive and select a non-animal row. (Not that there is such a thing.)
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Old Jun 19, 2020, 5:45 pm
  #597  
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Originally Posted by Global321
I believe OP was trying to be proactive and select a non-animal row. (Not that there is such a thing.)
Because there is no such option, in the very unlikely event they are seated near someone with a furry companion, the OP would need to ask for another seat, not expect the other passengers should move to accommodate their allergy.
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Old Jun 19, 2020, 6:57 pm
  #598  
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Originally Posted by bocastephen
Because there is no such option, in the very unlikely event they are seated near someone with a furry companion, the OP would need to ask for another seat, not expect the other passengers should move to accommodate their allergy.
Thus the advice several hours ago...

Originally Posted by Global321
Unfortunately, no. You can ask at the gate and they may help you, but I would not expect it.

They will move you on the plane by asking for volunteers. Typically it is people in middle seats, so expect a downgrade in seating.
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Old Dec 2, 2020, 3:23 pm
  #599  
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DOT Just lowered the Boom on ESAs

(Source: OMAAT)

Summary:

Emotional support animals are no longer service animals

The DOT is no longer categorizing emotional support animals as service animals. Service animals are being redefined, and have new restrictions:
  • Airlines may limit service animals to dogs, may limit each traveler to two service animals, and may require service animals to fit on their handler’s lap or within their handler’s foot space on the aircraft
  • Service animals have to be “individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability”
  • Airlines can require passengers to remit a completed hardcopy or electronic version of the DOT’s “Service Animal Air Transportation Form” as a condition of transport


Airlines can start charging for emotional support animals, and restrict them

The biggest implication of this policy change is that emotional support animals are now going to be categorized as pets, rather than service animals. What does this mean?
  • Airlines will be able to charge travelers for their ESAs, rather than having to allow them on for free
  • Not just that, but airlines can apply their weight and size limits to ESAs going forward; for example, most US airlines only allow in-cabin pets weighing up to 20 pounds, so airlines could apply those restrictions
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Old Dec 2, 2020, 3:28 pm
  #600  
 
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Something actually good to happen in 2020 for the travel industry!
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