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
Jul 24, 2019, 5:23 pm
#496
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
American Airlines flight attendant bitten by emotional support dog
"We need the (U.S.) Department of Transportation to take action now, so events like the one that happened yesterday do not continue to occur on our planes,'' the statement said. "This is fundamentally about maintaining safety, health and security for passengers and crew, while ensuring accessibility for those who need it.”
https://www.usatoday.com/story/trave...es/1808632001/
https://www.usatoday.com/story/trave...es/1808632001/
Jul 24, 2019, 11:35 pm
#497
FlyerTalk Evangelist
Join Date: Mar 2012
Posts: 19,506
Is FlyerTalk's marketing division contributing to the problem? 
Jul 25, 2019, 3:18 am
#498
FlyerTalk Evangelist
Join Date: Jul 2011
Location: RNO
Programs: AA/DL/UA
Posts: 10,775
Aug 9, 2019, 12:45 pm
#499
Join Date: Aug 2002
Location: NYC
Posts: 335
US DOT offers guidance for people traveling with emotional support animals
https://www.washingtonpost.com/local...pport-animals/
Politico's quick summary:
DOT provided new guidance on its rules for service animals on airplanes, calling the announcement a "clarification" of existing rules. As [Politico's] Brianna Gurciullo reports, the agency won't "take action" against an airline if it asks passengers to provide certain documentation about the animal as a prerequisite for boarding. A department official told reporters that DOT is also planning a proposed rulemaking later this year, which will delve further into issues including different species, containment of animals, and documentation. The number of service animals on planes has increased significantly in recent years, the official said, leading to increased biting incidents and other harm or disruption to passengers.
An industry group representing airlines praised the new guidance. "The availability of fraudulent [emotional support animal] credentials online has enabled people who are not truly in need of animal assistance to abuse the rules and evade airline policies regarding animals in the cabin," Airlines for America said in a statement, also citing an increase in biting and mauling on planes. The Association of Flight Attendants-CWA union supports the move, too; an Envoy Air attendant was bitten by an emotional support dog just a few weeks ago.
https://www.washingtonpost.com/local...pport-animals/
Politico's quick summary:
DOT provided new guidance on its rules for service animals on airplanes, calling the announcement a "clarification" of existing rules. As [Politico's] Brianna Gurciullo reports, the agency won't "take action" against an airline if it asks passengers to provide certain documentation about the animal as a prerequisite for boarding. A department official told reporters that DOT is also planning a proposed rulemaking later this year, which will delve further into issues including different species, containment of animals, and documentation. The number of service animals on planes has increased significantly in recent years, the official said, leading to increased biting incidents and other harm or disruption to passengers.
An industry group representing airlines praised the new guidance. "The availability of fraudulent [emotional support animal] credentials online has enabled people who are not truly in need of animal assistance to abuse the rules and evade airline policies regarding animals in the cabin," Airlines for America said in a statement, also citing an increase in biting and mauling on planes. The Association of Flight Attendants-CWA union supports the move, too; an Envoy Air attendant was bitten by an emotional support dog just a few weeks ago.
Aug 9, 2019, 1:00 pm
#500
FlyerTalk Evangelist
Join Date: Jun 2013
Posts: 17,455
Muzzles. Can't we just start with requiring muzzles?
Doesn't matter if it's Babybaby the toy poodle or Bruiser the Boxer, either it's muzzled or it's in a box. If you don't want to do either, dog don't fly.
Make this a DOT regulation and make removal of the muzzle in flight subject to a stiff fine.
It's not the whole solution but it stops the dog bites.
Doesn't matter if it's Babybaby the toy poodle or Bruiser the Boxer, either it's muzzled or it's in a box. If you don't want to do either, dog don't fly.
Make this a DOT regulation and make removal of the muzzle in flight subject to a stiff fine.
It's not the whole solution but it stops the dog bites.
Aug 12, 2019, 2:06 am
#501
Join Date: May 2015
Location: South Florida
Programs: DL Skymiles KE Skypass
Posts: 2,363
Muzzles. Can't we just start with requiring muzzles?
Doesn't matter if it's Babybaby the toy poodle or Bruiser the Boxer, either it's muzzled or it's in a box. If you don't want to do either, dog don't fly.
Make this a DOT regulation and make removal of the muzzle in flight subject to a stiff fine.
It's not the whole solution but it stops the dog bites.
Doesn't matter if it's Babybaby the toy poodle or Bruiser the Boxer, either it's muzzled or it's in a box. If you don't want to do either, dog don't fly.
Make this a DOT regulation and make removal of the muzzle in flight subject to a stiff fine.
It's not the whole solution but it stops the dog bites.
Aug 12, 2019, 3:14 am
#502
FlyerTalk Evangelist
Join Date: Jul 2011
Location: RNO
Programs: AA/DL/UA
Posts: 10,775
If an ESA is signed off by a licensed physician/psychriatrist, then fine. Few would qualify. Most ESA's are papered by fakes, whether online or a storefront or shady "charity" or whatever.
Aug 12, 2019, 5:56 am
#503
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
And easy enough to provide a specific exception for those dogs only.
Aug 12, 2019, 9:51 am
#504
Join Date: Oct 2011
Location: BUR / LAX
Programs: UA MM/Gold; WN A-list; HH something depending; Marriott Gold
Posts: 1,552
Is that true? I see the ESA-mill adverts, but don't know if there's a doctor in the background. My impression is that there are doctors who will sign off on this and make easy money doing it -- like the doctors that prescribed marijuana in California when a medical reason/prescription was needed.
Aug 12, 2019, 5:40 pm
#505
Join Date: Aug 2015
Location: SFO
Programs: AS 75K (OW), SK Silver (*A), UR, MR
Posts: 3,347
“Delta Air Lines could face pressure to change two of its rules: a ban on pit bulls in the cabin, and a ban against emotional support animals on flights longer than eight hours.”
https://skift.com/2019/08/10/u-s-dep...als-on-planes/
“Last week, the Department of Transportation issued a Guidance Document rejecting Delta’s and other airlines’ ban on pit bulls.”
https://www.thisdogslife.co/delta-ai...ransportation/
Back and forth! It’s an emotional rollercoaster.
https://skift.com/2019/08/10/u-s-dep...als-on-planes/
“Last week, the Department of Transportation issued a Guidance Document rejecting Delta’s and other airlines’ ban on pit bulls.”
https://www.thisdogslife.co/delta-ai...ransportation/
Back and forth! It’s an emotional rollercoaster.
Aug 12, 2019, 5:43 pm
#506
Join Date: Nov 2014
Programs: DL DM, UA, AA EXP, AS MVP75K GOLD, HHonors Diamond, BW Diamond, SPG Gold, Hyatt Diamond
Posts: 382
I think it's pretty clear with the new 'clarification of rules' from the DOT's Final Statement released on August 8th, 2019 that we will see the airlines put more and more obstacles in the way of brining service and emotional support animals on planes.
Just read this article where the conclusion is pretty much the same. (Cute picture too!)
Government Says Delta’s Ban On Pit Bulls Is Illegal…But Not So Fast
Delta's policies get ruled illegal against pit pull type dogs, but the DOT said the airlines can ask for all types of documentation to 'ensure' that the animal will not be a threat. If you were an airline trying to stem the tide of fraudulent uses, wouldn't you make it more difficult for everyone (including legitimate service animals) from flying?
Just read this article where the conclusion is pretty much the same. (Cute picture too!)
Government Says Delta’s Ban On Pit Bulls Is Illegal…But Not So Fast
Government Says Delta’s Ban On Pit Bulls Is Illegal…But Not So Fast
Delta's policies get ruled illegal against pit pull type dogs, but the DOT said the airlines can ask for all types of documentation to 'ensure' that the animal will not be a threat. If you were an airline trying to stem the tide of fraudulent uses, wouldn't you make it more difficult for everyone (including legitimate service animals) from flying?
Aug 12, 2019, 6:02 pm
#507
Original Poster
Join Date: Sep 2009
Location: Global
Posts: 5,998
FWIW - A link to the summary release and the full statement.
Summary of the summary:
Summary of the summary:
- Species Limitations: Any species can be transported if it can be shown it is needed.
- Breed/Species Restrictions: No limitation based exclusively on breed of the service animal.
- Documentation Requirements: The Airlines can ask users of any type of service animal to present documentation related to the service animal’s vaccination, training or behavior so long as it is reasonable to believe that the documentation would assist the airline in making a determination as to whether an animal poses a direct threat to the health or safety of others.
- Containment: Containment issues for all service animals on a case-by-case basis, with a focus on reasonableness.
- Advance Notice: The Department’s disability regulation prohibits airlines from requiring advance notice for passengers traveling with service animals, other than emotional support animals (ESAs) and psychiatric support animals (PSAs).
- Check-In Requirements: Airlines can require lobby check-in for ESAs and PSAs.
- Proof that an Animal is a Service Animal: If a passenger’s disability is not clear, airlines may ask questions to determine the passenger’s need for the animal even if the animal has other indicia of a service animal such as a harness, vest or tag.
- Number of Service Animals Per Passenger: Enforcement efforts will generally focus on ensuring that airlines are not restricting passengers from traveling with one ESA and a total of three service animals if needed. Generally, one ESA should be sufficient for emotional support, but a passenger may reasonably need more than one task-trained service animal.
- Number of Service Animals per Aircraft: The Department’s disability regulation does not allow airlines to deny transport to a service animal accompanying a passenger with a disability because of a limit on the total number of service animals that can be on any flight.
- Weight Restrictions: Airlines may deny transport to a service animal that is too large or too heavy to be accommodated in the cabin.
- Age Restrictions: All service animals (including ESAs) are expected to be trained to behave in public. As a general matter, the Department’s Enforcement Office would not view it to be a violation for an airline to prohibit the transport of service animals younger than four months as some airlines have done.
- Flight-Length Restrictions: The Department’s disability regulation provides that airlines may require passengers using a service animal on flights scheduled to take eight hours or more to provide documentation that the animal will not need to relieve itself on the flight or that it can do so in a way that does not create a health or sanitation issue on the flight.
- Mental Health Professional Form: Under the Department’s disability regulation, airlines are not required to transport ESAs or PSAs unless the passenger provides medical documentation of their need for the animal as specified in the rule. The Department’s Enforcement Office would view it to be a violation for an airline to reject a medical form or letter that meets the criteria found in the rule because of an airline’s preference that the passenger use the airline’s form.
Aug 13, 2019, 1:28 am
#508
Join Date: Aug 2004
Location: Let me check my Logbook
Programs: Southwest Rapid Rewards; AAdvantage; Alaska Mileage Plan; Wyndham Rewards; Choice Hotels
Posts: 2,350
It will take an act of Congress to allow airlines to ban emotional support animals. But in the meantime airlines can require documentation. Lots and lots of documentation.
Aug 13, 2019, 1:53 am
#509
Join Date: Nov 2014
Programs: DL DM, UA, AA EXP, AS MVP75K GOLD, HHonors Diamond, BW Diamond, SPG Gold, Hyatt Diamond
Posts: 382
Aug 14, 2019, 1:06 pm
#510
Join Date: Aug 2015
Location: SFO
Programs: AS 75K (OW), SK Silver (*A), UR, MR
Posts: 3,347
I wonder how this dog got on the plane to begin with.
"In this case, the customer’s dog was traveling as a pet rather than an emotional support animal or service animal," the statement read. "FAA regulations require pets to stay in kennels that fit under the seat, however, this kennel didn’t fit under the seat. The flight crew tried to handle the situation in accordance with FAA regulations."
The statement continued, "Also, this travel was booked on a 777, which doesn’t allow pets in the premium cabin.”
Florida woman sues American Airlines, claims her emotional support dog was confined to a bathroom
https://www.usatoday.com/story/trave...nt/2007559001/
"In this case, the customer’s dog was traveling as a pet rather than an emotional support animal or service animal," the statement read. "FAA regulations require pets to stay in kennels that fit under the seat, however, this kennel didn’t fit under the seat. The flight crew tried to handle the situation in accordance with FAA regulations."
The statement continued, "Also, this travel was booked on a 777, which doesn’t allow pets in the premium cabin.”
Florida woman sues American Airlines, claims her emotional support dog was confined to a bathroom
https://www.usatoday.com/story/trave...nt/2007559001/