On December 2, 2020 the U.S. Department of Transportation announced its revision of the Air Carrier Access Act (ACAA) regulation on the transportation of service animals by air to ensure a safe and accessible air transportation system.

The change in language was long overdue to prevent the abuse of the right given to persons with a disability to be accompanied by their Service Dog. The increase of badly behaved animals from peacocks to ferrets have forced airlines to petition for this latest change. The ACAA ‘s definition of Service Animal as dog now matches the Americans With Disabilities Act (ADA). The new regulations now eliminates Emotional Support Animals and categories them as pets.

The information below is from the Department of Transportation’s website.

https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule.pdf

This final rule defines a service animal as a dog, regardless of breed or type that is 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.

It allows airlines to recognize emotional support animals as pets, rather than service animals, and permits airlines to limit the number of service animals that one passenger can bring onboard an aircraft to two service animals. The final rule also allows airlines to require passengers with a disability traveling with a service animal to complete and submit to the airline a form, developed by DOT, attesting to the animal’s training and good behavior, and certifying the animal’s good health.

For flight segments of eight hours or more, the rule allows airlines to require passengers to complete and submit a DOT form attesting that the animal has the ability either not to relieve itself on a long flight or to relieve itself in a sanitary manner.

 In addition, this final rule allows airlines to require a service animal user to provide these forms up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time. As an alternative, airlines may require a passenger with a disability seeking to travel with a service animal in the cabin to provide the forms at the passenger’s departure gate on the date of travel.

However, the final rule prohibits airlines from requiring that a passenger physically check-in at the airport solely on the basis that the individual is traveling with a service animal, thus ensuring that service animal users are not prevented from enjoying the same convenience-related benefits provided to other passengers, such as online and curbside check-in. Service animal users may use the online check-in process available to the general public.

This final rule also better ensures the safety of passengers and crew members by allowing carriers to require that service animals are harnessed, leashed, or otherwise tethered onboard an aircraft and includes requirements that would address the safe transport of large service animals in the aircraft cabin. Further, it specifies the circumstances under which the user of a service animal may be charged for damage caused by the service animal and addresses the responsibilities of code-share partners.

The statute requires airlines to provide accommodations that are reasonable given the realities and limitations of air service and the onboard environment of commercial airplanes. Animals on aircraft may pose a risk to the safety, health, and well-being of passengers and crew, and may disturb the safe and efficient operation of the aircraft. Any requirement for the accommodation of passengers traveling with service animals onboard aircraft necessarily must be balanced against the health, safety, and mental and physical well-being of the other passengers and crew, and must not interfere with the safe and efficient operation of the aircraft.

Final Rule Summary

• Definition of Service Animal: A service animal is as a dog, regardless of breed or type that is 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.
• Emotional Support Animals: Carriers are not required to recognize emotional support animals as service animals and may treat them as pets.
• Treatment of Psychiatric Service Animals: Psychiatric service animals are treated the same as other service animals that are individually trained to do work or perform a task for the benefit of a qualified individual with a disability.
• Species: Carriers are permitted to limit service animals to dogs.
• Health, Behavior and Training Form: Carriers are permitted to require passengers to remit a completed hardcopy or electronic version of the Department’s “U.S. Department of Transportation Service Animal Air Transportation Form” as a condition of transportation. Relief Attestation Carriers are permitted to require individuals traveling with a service animal on flights eight hours or longer to remit a completed hardcopy or electronic version the Department’s “U.S. Department of Transportation Service Animal Relief Attestation” as a condition of transportation.
• Number of Service Animals per Passenger: Carriers are permitted to limit the number of service animals traveling with a single passenger with a disability to two service animals.
• Large Service Animals: Carriers are permitted to require a service animal to fit on their handler’s lap or within its handler’s foot space on the aircraft.
• Control of Service Animals: Carriers are permitted to require a service animal to be harnessed, leashed, or otherwise tethered in areas of the airport that they own, lease, or control, and on the aircraft.
• Service Animal Breed or Type: Carriers are prohibited from refusing to transport a service animal based solely on breed or generalized physical type, as distinct from an individualized assessment of the animal’s behavior and health.
• Check-In Requirements: Carriers are not permitted to require a passenger with a disability to physically check-in at the airport, rather than using the online check-in process, on the basis that the individual is traveling with a service animal. Airlines may require a passenger with a disability seeking to travel with a service animal to provide the service animal form(s) at the passenger’s departure gate on the date of travel.
• Advance Notice Requirements: Carriers may require individuals traveling with a service animal to provide a U.S. Department of Transportation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time.

Jeanne Hampl
© 2021

Jeanne Hampl is the Chairman of our Handlers with Disabilities Committee
Please visit her Facebook page: https://www.facebook.com/Hampls-Dog-Obedience-141987085827318