U.S. DEPARTMENT OF TRANSPORTATION ANNOUNCES FINAL RULE ON SERVICE ANIMALS
January 3, 2021
As we reported earlier this month, on December 2, 2020, the U.S. Department of Transportation published its long awaited final rule on “Traveling by Air with Service Animals”, available here, which now defines a service animal as a “dog”, allows emotional service animals to be treated as pets, and regulates the documentation, number, placement in the cabin, and harnessing of service animals. DOT received more than 15,000 comments from interested parties including airlines, trade associations, consumer and disability advocacy groups, medical professionals, individual travelers, and others on its February 5, 2020 Notice of Proposed Rulemaking – a testament to the importance of the issue. The final rule revises the Air Carrier Access Act (ACAA) regulations on the transportation of service animals by air, with the intent to provide reasonable accommodations for individuals traveling with service animals while balancing those needs with the health and safety of other passengers and crew. It makes a number of key changes to the current regulatory framework, including but not limited to:
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The 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. Airlines are not required to transport other species of animals, such as cats, miniature horses, and capuchin monkeys that assist individuals with disabilities in the cabin for free, although they are free to do so pursuant to an established airline policy.
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Under the final rule, “emotional support animals” are no longer required to be treated as service animals. Rather, airlines may treat emotional service animals as pets (and, importantly, charge corresponding pet fees or require their carriage in the cargo compartment).
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The final rule requires airlines to treat psychiatric service animals the same as other service animals, meaning psychiatric service animal users will no longer be required to provide a letter from a licensed mental health professional detailing the passenger’s need for the animal, nor will they be required to check in one hour before the check-in time for other passengers.
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The final rule allows airlines to require passengers wanting to travel with a service animal to provide a new “Service Animal Air Transportation Form”, (See Page 79759 of the Final Rule in the Federal Register) developed by DOT. And, for flight segments of eight hours or more, airlines may require a “Relief Form” (See Page 79761 of the Final Rule in the Federal Register) attesting that the service animal has the ability not to relieve itself on a long flight or to do so in a sanitary manner.
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The final Rule permits carriers 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.
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The final rule allows airlines to limit the number of service animals traveling with a single passenger with a disability to two (2) service animals.
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Under the final rule, carriers may require a service animal to fit within its handler’s foot space on the aircraft or be placed on the passenger’s lap and allows carriers to require that service animals be harnessed, leashed, or tethered at all times in the airport and on the aircraft, even in instances where the device interferes with the service animal’s work or the passenger’s disability prevents use of these devices.
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Under the final rule, carriers may not refuse to transport a service animal solely based on breed.
The final rule will become effective on January 11, 2021.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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