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
Jan 1, 2021, 7:44 am
#646
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,994
Now I think I see your point. You weren't saying that the new rule is more sensible and will result in less abuse. You're saying that even dumber rules and more abuse and more absurdity is going to push things over the top and cause them to blow up and reverse course.... Fair point, but it may be a long process as you say.
Jan 1, 2021, 10:17 am
#647
Join Date: Dec 2020
Posts: 16
Most airlines that allow animals to be in the cabin have both size and weight restrictions on such animals, including how many total animals could be in the cabin for the entire flight from all the passengers, EXCEPT for what has loosely been termed "service animals." In the past, these have generally been seeing eye dogs for a person who had an obvious disability. And nobody complained. And in the past, most airlines did not charge for such an animal. Recognizing a loophole, people began to bring "service animals" on board for specious disabilities, including those ESA animals. Most of those so-called disabilities were specious, but recognizing that you can get a doctor to write whatever you want, anyone could obtain an authority document. I claim most of these were simply used to avoid paying for a transportation fee for the animals. I would have no problem for airlines again restricting the number of total animals to be brought into the cabin, provided they were in approved carriers, met the size and weight restrictions and whose transportation was paid for. That is the way it was in the past, and that is the way it is hopefully, once again becoming. After all, if you PAY for your animal's transportation and your animal is among the few animals allowed to be transported in the cabin, there will be no need to have your animal qualified as an ESA, would there? Obviously not. The one and only one reason for having the animal classified as an ESP or the even phonier PSA category, is to avoid payment, or to have the animal transported in the cabin above the usual quota permitted by the airline.
Jan 1, 2021, 10:29 am
#648
Join Date: Sep 2002
Location: LAX
Programs: AA PLT / 2MM
Posts: 2,113
Most airlines that allow animals to be in the cabin have both size and weight restrictions on such animals, including how many total animals could be in the cabin for the entire flight from all the passengers, EXCEPT for what has loosely been termed "service animals." In the past, these have generally been seeing eye dogs for a person who had an obvious disability. And nobody complained. And in the past, most airlines did not charge for such an animal. Recognizing a loophole, people began to bring "service animals" on board for specious disabilities, including those ESA animals. Most of those so-called disabilities were specious, but recognizing that you can get a doctor to write whatever you want, anyone could obtain an authority document. I claim most of these were simply used to avoid paying for a transportation fee for the animals. I would have no problem for airlines again restricting the number of total animals to be brought into the cabin, provided they were in approved carriers, met the size and weight restrictions and whose transportation was paid for. That is the way it was in the past, and that is the way it is hopefully, once again becoming. After all, if you PAY for your animal's transportation and your animal is among the few animals allowed to be transported in the cabin, there will be no need to have your animal qualified as an ESA, would there? Obviously not. The one and only one reason for having the animal classified as an ESP or the even phonier PSA category, is to avoid payment, or to have the animal transported in the cabin above the usual quota permitted by the airline.
Jan 1, 2021, 10:41 am
#649
Join Date: Dec 2020
Posts: 16
If you read the last sentence, my point is clearly made. However, there is a bit more to the point. For years, airlines have been complicit in people's attempts to circumvent the rules, by not having the moral fortitude to stand up and say that the claims for ESA's were malarky. Now, when the results of their lack of common sense finally comes to the forefront when we regularly see news reports of sheep and other ESA's allowed on planes, the airlines finally had to confront the lack of wisdom their permissive policies caused. As I said, anyone can get any doctor, or anyone having an accepted credential to write anything you want, even if the authority lacks the common sense themselves to refuse to be a party to one's fraud. Finally, we may see some relief from the excessive numbers of animals allowed on flights.
Jan 1, 2021, 12:10 pm
#650
Join Date: Sep 2002
Location: LAX
Programs: AA PLT / 2MM
Posts: 2,113
If you read the last sentence, my point is clearly made. However, there is a bit more to the point. For years, airlines have been complicit in people's attempts to circumvent the rules, by not having the moral fortitude to stand up and say that the claims for ESA's were malarky. Now, when the results of their lack of common sense finally comes to the forefront when we regularly see news reports of sheep and other ESA's allowed on planes, the airlines finally had to confront the lack of wisdom their permissive policies caused. As I said, anyone can get any doctor, or anyone having an accepted credential to write anything you want, even if the authority lacks the common sense themselves to refuse to be a party to one's fraud. Finally, we may see some relief from the excessive numbers of animals allowed on flights.
Jan 1, 2021, 2:02 pm
#651
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Alaska's new policy is asking for an ADA lawsuit, it's just a matter of time. Personally I prefer more animals in the cabin and fewer children and obnoxious adults, so meh. If it was up to me, anyone and everyone could bring their cat, dog, small animal or quiet bird with them provided their pet could remain safely under the seat in an approved container.
Jan 1, 2021, 6:17 pm
#652
Join Date: Oct 2019
Location: PDX, OGG or between the two
Programs: AS 75K
Posts: 2,859
Alaska's new policy is asking for an ADA lawsuit, it's just a matter of time. Personally I prefer more animals in the cabin and fewer children and obnoxious adults, so meh. If it was up to me, anyone and everyone could bring their cat, dog, small animal or quiet bird with them provided their pet could remain safely under the seat in an approved container.
Jan 1, 2021, 6:39 pm
#653
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Jan 1, 2021, 6:41 pm
#654
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,994
Alaska's new policy is asking for an ADA lawsuit, it's just a matter of time. Personally I prefer more animals in the cabin and fewer children and obnoxious adults, so meh. If it was up to me, anyone and everyone could bring their cat, dog, small animal or quiet bird with them provided their pet could remain safely under the seat in an approved container.
Jan 1, 2021, 6:52 pm
#655
FlyerTalk Evangelist
Join Date: Jul 2011
Location: RNO
Programs: AA/DL/UA
Posts: 10,767
If you read the last sentence, my point is clearly made. However, there is a bit more to the point. For years, airlines have been complicit in people's attempts to circumvent the rules, by not having the moral fortitude to stand up and say that the claims for ESA's were malarky. Now, when the results of their lack of common sense finally comes to the forefront when we regularly see news reports of sheep and other ESA's allowed on planes, the airlines finally had to confront the lack of wisdom their permissive policies caused. As I said, anyone can get any doctor, or anyone having an accepted credential to write anything you want, even if the authority lacks the common sense themselves to refuse to be a party to one's fraud. Finally, we may see some relief from the excessive numbers of animals allowed on flights.
Jan 1, 2021, 6:55 pm
#656
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Join Date: Jul 2011
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Posts: 10,767
Jan 1, 2021, 7:46 pm
#657
Join Date: Oct 2019
Location: PDX, OGG or between the two
Programs: AS 75K
Posts: 2,859
I have no hatred for pets.... I love dogs when they are where they belong. We are a population with laws and rules and the ESA situation has clearly been an abuse and disregard for the intent of the rule/law. As for not impacting me - In the last 3 years I've had a dog jump on my lap in flight, watched a dog take a runny crap on a carpet on in the airport and had one of my children seriously scared on a parking shuttle bus..... all by people not following the rules. My home airport (PDX) also had an instance of a pitbull severly injuring a child in the terminal. I understand kids can be a PITA but I don't ever recall ever seeing on crap on the carpet in airport or attack a stranger.
Jan 1, 2021, 11:25 pm
#658
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Jan 2, 2021, 9:37 am
#659
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,994
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.
Jan 2, 2021, 11:21 am
#660
Join Date: Dec 2020
Posts: 16
Wrong. Can't sue under ADA for an ESA, which invalidates your whole argument.
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.
