DOT Proposes to Tighten Disability Nondiscrimination Rules for Service Animals Aboard Aircraft
February 5, 2020
On January 22, 2020, the U.S. Department of Transportation (DOT or Department) released a Notice of Proposed Rulemaking (NPRM), Traveling by Air with Service Animals, which proposes to amend the portions of DOT’s Nondiscrimination on the Basis of Disability in Air Travel rules, 14 C.F.R. Part 382, that relate to service animals. The proposed rules would apply to U.S. and foreign air carrier operations on flights to, from, and within the U.S. in the same fashion as existing Part 382 requirements.
The proposed rules would generally tighten existing requirements for the carriage of service animals and align DOT’s rules covering aircraft cabins with the U.S. Department of Justice’s rules covering public spaces pursuant to the Americans With Disabilities Act. Among other changes, the proposed rules would define “service animal” as a dog performing tasks for the benefit of a person with a disability, either physical or psychiatric, and exclude “emotional support animals” from the definition. Carriers would be prohibited from restricting the breed of a service dog but would, however, be permitted to impose new requirements on passengers carrying service animals, such as:
- Showing documentation of the service animal’s behavior, training, and health; in the proposed rule, DOT sets out proposed standard forms to fulfill this requirement;
- Checking in at the airport an hour in advance to permit observation of the animal;
- Requiring that a service animal fit in a passenger’s foot space or lap; and
- Limiting the number of service animals that a passenger may bring onboard (though the number of passengers with service animals on a given flight would not be subject to limit).
We encourage our readers to review this important new proposed rule. Once the NPRM is officially published in the Federal Register, the public will have 60 days (i.e., until around March 22, 2020) to submit comments. We are happy to answer questions or help prepare comments.
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).
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