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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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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 May 12, 2017, 8:28 am
  #271  
 
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Originally Posted by mmff
Just get rid of the ESA concept, so that airlines can ban them from the cabin accordingly.

A service dog should be able to travel in the cabin. A large untrained pet should not.
I would tend to agree with you, but there truly are a number of veterans who are living with and recovering from PTSD. They need their dogs. I spend a lot of time at a dog park here in DC, and there have been at least two young veterans who have been at our neighborhood park on occasion with their emotional support dogs. I carefully talked around the subject with them, and neither wanted to go into details.

It is clear to me that their dogs provide calm and reassurance during times of stress and flashbacks. The dogs are an essential part of their recovery.

That said, how do we find a way to allow them to travel without allowing all the people who buy those damned vests on the internet and travel free with Fluffy, the emotional support Shih Tzu?
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Old May 12, 2017, 8:38 am
  #272  
 
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Originally Posted by abaheti
I've wondered this too. I am allergic. My assumption is they would offer to reseat me in an E- middle because people now think dogs have rights and fake emotional support animals are now on par with actual service animals. I've been next to a real service dog (blind owner) and just gladly sniffled through for a 1 hour flight (with a super polite owner and dog), but I've complained when someone started passing their pet around the cabin (and received many dirty looks and a "oh, but she's so cute!" from the FA).

Hoping the DOT closes this crazy loophole. I've now twice seen people leave their dog's mess in the terminal and get upset when people complained; certainly not something a real service animal would do.
Apparently dogs even trump safety now.
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Old May 12, 2017, 8:49 am
  #273  
 
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Originally Posted by HomerJay
I would tend to agree with you, but there truly are a number of veterans who are living with and recovering from PTSD. They need their dogs. I spend a lot of time at a dog park here in DC, and there have been at least two young veterans who have been at our neighborhood park on occasion with their emotional support dogs. I carefully talked around the subject with them, and neither wanted to go into details.

It is clear to me that their dogs provide calm and reassurance during times of stress and flashbacks. The dogs are an essential part of their recovery.

That said, how do we find a way to allow them to travel without allowing all the people who buy those damned vests on the internet and travel free with Fluffy, the emotional support Shih Tzu?
My point still stands: the dog needs to be a service animal and trained as such. If it is not, it should enter the cabin of a commercial flight only if it fits in a crate that goes under the seat.

Thank god this non-sense is widespread only in America.
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Old May 12, 2017, 9:23 am
  #274  
 
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Originally Posted by mmff
My point still stands: the dog needs to be a service animal and trained as such. If it is not, it should enter the cabin of a commercial flight only if it fits in a crate that goes under the seat.

Thank god this non-sense is widespread only in America.
Completely agree. No one has the right to fly, but rather the privilege. Safety should always trump personal needs. I can't wait for the next big dog to "sit" next to me wherein I lay out the rules for how that dog will need to not invade my personal space.

Noise cancelling headsets don't stop dog slobber.
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Old May 12, 2017, 9:49 am
  #275  
 
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Originally Posted by Baze
I am convinced 90% of the ESA are people buying the stupid vest online to avoid the pet fee. And those 90% only hurt the 10% legitimate ones.
I thought you were kidding so I looked on Ebay. There are dozens of them available! What a scam.

I should get one for my cat.
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Old May 12, 2017, 10:35 am
  #276  
 
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Originally Posted by eng3
I always wondered what if a person has a dog allergy. Does the dog have to leave or the person with the allergy? or both?
That depends on the airline (and national regulations). In the US and on US airlines, passengers with approved service animals/ESANs enjoy priority over any passenger claiming an allergy.
On other airlines and in other jurisdictions, it's usually the other way around.
TK will offload the passenger who booked later in case of a conflict between documented (!) allergy sufferer and passenger with a service animal:
In the case of passengers who are allergic to cats, dogs, or birds and can prove their allergy with a medical report stating as such, no pets will be allowed in the cabin. Priority to the passenger who first booked their flight will be given in the case of passengers traveling with a guide dog who are on the same flight as a passenger who can prove allergy to cats, dogs or birds with a medical report.

I should add that non-US jurisdictions and -airlines define 'service animal' in a much narrower way than is the case in the US. In much of the world, this is limited to seeing-eye dogs only, and there's strict documentation requirements. A vest and registration off the internet won't get you anywhere there.


Originally Posted by abaheti
I've wondered this too. I am allergic. My assumption is they would offer to reseat me in an E- middle because people now think dogs have rights and fake emotional support animals are now on par with actual service animals. I've been next to a real service dog (blind owner) and just gladly sniffled through for a 1 hour flight (with a super polite owner and dog), but I've complained when someone started passing their pet around the cabin (and received many dirty looks and a "oh, but she's so cute!" from the FA).
As someone traveling extensively with a service dog, this (encountering passengers with allergies) has happened to me three times so far in years and hundreds of thousands of miles.
First instance (8-seat F cabin on an AA 77W, 10+-hour overnight flight), the passenger seated behind us scrambled to don a full-face mask the second he saw the dog when we boarded last. You could feel him panicking.
Cabin was too small to ensure proper separation, so dog & me relocated to the rear of the business class cabin to get as much distance between him and us as possible and avoid to totally ruin his flight.
Live and let live.

Second instance was on an AA 788. 12-hour overnight flight in MCE. We had a 3-across row to ourselves on an almost full flight (I might be a small minority here, but I do book and pay for two seats when traveling in economy on flights that appear (close to) full. My dog weighs 60 pounds and is far too large to fit in the space allocated to just one economy seat even in the extra-legroom section). The passenger across the aisle claimed to be allergic. Crew reseated her towards the rear of the plane, which wasn't to her liking (much discussion between her & the crew). She returned to her original seat some time after takeoff and stayed there for the duration of the whole flight without saying anything. She could have traded seats with travel companions/family to get further away from us but didn't.
Crew told me later I should not feel guilty at all as she asked to get a seat in business class using the allergy as a reason.

Third instance was on an AA A321T. We were seated in 6D (bulkhead in business), and the passenger in 6F got to enjoy an onboard upgrade to F after he started sneezing and it turned out he was allergic. BTW, this happened twice more with passengers who were not allergic. Just friendly crews who wanted to give everyone the best possible flight, and once for safety as the crew wanted the dog to be secured below the empty seat in lie-flat mode on an especially bumpy flight.

Originally Posted by CDTraveler
There's currently a thread about a pet dog using the lav in the Travel with Pets forum. One FT'er insists other pax won't mind the dog in the lav despite airline regs clearly stating it must remain in its carrier throughout the flight.
oops... that would be me . Sorry 'bout that, but I initially misunderstood the OP on that one (clarified since). Lav for cleaning up 'accidents' = OK, lav to use as pet toilet=NO!
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Old May 12, 2017, 1:12 pm
  #277  
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My tinder date last night says she's games the system by slapping on that ESA jacket on her shitzu to avoid the fee. The date ended shortly thereafter.
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Old May 12, 2017, 2:09 pm
  #278  
 
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Originally Posted by enviroian
My tinder date last night says she's games the system by slapping on that ESA jacket on her shitzu to avoid the fee. The date ended shortly thereafter.
I would have continued the date until I was forced to fly with her and her "support" animal.

Originally Posted by bhomburg
That depends on the airline (and national regulations). In the US and on US airlines, passengers with approved service animals/ESANs enjoy priority over any passenger claiming an allergy.
...
Makes sense. If a dog is able to trump safety (blocking egress), I would assume it would be prioritized over allergies as well.

Last edited by eng3; May 12, 2017 at 2:56 pm
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Old May 12, 2017, 3:07 pm
  #279  
 
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So what is the solution for those of us with allergies? In my case it's allergic asthma. I've managed it so far, but I did once have to request to be seated further away from a passenger with an "emotional support animal". Are allergy sufferers SOL?
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Old May 12, 2017, 3:56 pm
  #280  
 
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Originally Posted by eng3;28300764
I always wondered what if a person has a dog allergy. Does the dog have to leave or the person with the allergy? or both?
[/QUOTE
A service dog should be able to travel in the cabin. A large untrained pet should not.
I agree. A trained service dog should be the only type of animal allowed in the cabin with passengers.

As far as US law goes, a service dog has priority over a person with an allergy. I hope that the crew would endeavour to seat an person allergic to dogs as far away from the dog as possible.
Originally Posted by mmff
Just get rid of the ESA concept, so that airlines can ban them from the cabin accordingly.

I am glad I live in New Zealand. Here, there is no confusion, A service dog is the only type of animal allowed to fly in the aircraft cabin. All other animals must fly as freight.
A true service dog will make itself unobtrusive. It will behave well and will not inconvenience other passengers.
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Old May 12, 2017, 4:17 pm
  #281  
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Originally Posted by mmff

Thank god this non-sense is widespread only in America.
Agree.
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Old May 12, 2017, 4:20 pm
  #282  
 
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Originally Posted by limey1K
Animals on planes is just out of control. I flew into DEN this week to the commuter gates and I saw three or four leashed, larger dogs waiting to board with their owners. The largest was a German Shepard in the 60-70lb. range. Now where exactly is that dog going to go on a 145, 200 or a 700? Nervous dogs can be quite erratic (I own one) and I wouldn't want to be sitting next to a 70 lb animal with teeth that's decided its had enough for one day. Fido in a soft carrier stuffed under the seat is one thing but its just gotten out of hand now.
An erratic dog would never be a service or emotional support animal. And a normal pet, which may be nervous, must be in a carrier or in the cargo hold. I've looked into it because my dog is not nervous or erratic but I cannot buy a seat for him to accompany me.
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Old May 12, 2017, 4:23 pm
  #283  
 
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Originally Posted by bhomburg
As someone traveling extensively with a service dog, this (encountering passengers with allergies) has happened to me three times so far in years and hundreds of thousands of miles.
You are a considerate flyer, with real need for a real service animal. You should be accommodated. I applaud you trying to be considerate when allergies come up. And with a legitimate service animal, that demonstrates the training and good behavior that job demands, I am totally comfortable just figuring it out with the passenger, as they need their service animal and I need to not sneeze across the Atlantic. In the case I mentioned before, the most reasonable thing was to sit tight and deal for an hour. But neither the passenger nor the dog was a jerk, we figured it out. (In the case I referenced, it was on a regional jet, so seating was tight, and the dog just couldn't fully fit itself under him, so one paw was up against my foot in my area, but I didn't care -- the dog sat stone still the entire flight and never bothered me save for the sneezing...)

My sympathy goes away with the fake emotional support animals and the owners who typically aren't as responsible as you -- by definition, right? They are working a scam, so why would I expect them to be courteous?
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Old May 12, 2017, 6:42 pm
  #284  
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We live in a world where people will try to take advantage of the system because they either can't afford to pay or refuse to pay.
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Old May 12, 2017, 6:52 pm
  #285  
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Originally Posted by enviroian
My tinder date last night says she's games the system by slapping on that ESA jacket on her shitzu to avoid the fee. The date ended shortly thereafter.
So did you sneak out and leave her with the bill for dinner, drinks, or whatever?
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