Regulatory Alert: DOT Releases Final Rule Revising Regulations Governing Service Animals
December 2, 2020
Today the U.S. Department of Transportation (DOT) released its final rule revising and updating the regulations governing the transportation of service animals in aircraft. DOT's rule adopted many of the changes that were proposed earlier this year, including two notable updates. First, DOT narrowed the definition of service animal to include only dogs that have been trained to do work or perform tasks for the benefit of a person with a disability. Second, air carriers no longer have to recognize emotional support animals as service animals. AAAE has voiced support for both these revisions. While the proposal addresses in-aircraft service animal issues, increasing the ability for airlines to address public safety and service animal issues will positively impact airports as well.
You can view the full DOT final rule regarding service animals here.
AAAE's Support for Updating Service Animal Regulations. The Air Carrier Access Act (ACAA), which governs air carrier transportation of service animals accompanying individuals with disabilities, is the underlying statute prohibiting air carriers from discriminating on the basis of disability. Over the past several years DOT has been steadily working to revise its regulations governing the use of service animals in air transportation. In contrast, the U.S. Department of Justice's (DOJ) regulations under the Americans with Disabilities Act (ADA), which apply to airports, have not been within the scope of DOT's recent rulemaking efforts.
AAAE has repeatedly weighed in with DOT to support updates to the ACAA regulations governing service animals. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM). AAAE urged DOT to improve ACAA regulations by providing airports and airlines with the necessary tools to mitigate potential abuse of service animal use and ensure the safety of passengers and other animals in the airport environment.
In April 2020, AAAE submitted another around of comments to DOT in support of changes outlined in the department's January 2020 notice of proposed rulemaking. AAAE supported the proposal to align DOT's ACAA regulations with DOJ's ADA regulations, which apply to terminal areas owned and controlled by airport operators. AAAE emphasized that improved consistency between these regulations would increase the safety of the traveling public, mitigate increased cases of fraud and abuse in the use of service animals, reduce confusion, and provide airports with flexibility to manage the safety of passengers traversing the airport terminal areas.
Highlights from DOT's Final Rule. In the final rule, DOT adopted many of the changes that were proposed in the January 2020 proposal. Arguably the biggest change is narrowing the definition of service animal to include only dogs that have been individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.
DOT's final rule would also provide airlines with greater flexibility to reduce cases of service animal abuse and fraud by:
If you have any questions, please contact Justin Barkowski at Justin.barkowski@aaae.org.
Today the U.S. Department of Transportation (DOT) released its final rule revising and updating the regulations governing the transportation of service animals in aircraft. DOT's rule adopted many of the changes that were proposed earlier this year, including two notable updates. First, DOT narrowed the definition of service animal to include only dogs that have been trained to do work or perform tasks for the benefit of a person with a disability. Second, air carriers no longer have to recognize emotional support animals as service animals. AAAE has voiced support for both these revisions. While the proposal addresses in-aircraft service animal issues, increasing the ability for airlines to address public safety and service animal issues will positively impact airports as well.
You can view the full DOT final rule regarding service animals here.
AAAE's Support for Updating Service Animal Regulations. The Air Carrier Access Act (ACAA), which governs air carrier transportation of service animals accompanying individuals with disabilities, is the underlying statute prohibiting air carriers from discriminating on the basis of disability. Over the past several years DOT has been steadily working to revise its regulations governing the use of service animals in air transportation. In contrast, the U.S. Department of Justice's (DOJ) regulations under the Americans with Disabilities Act (ADA), which apply to airports, have not been within the scope of DOT's recent rulemaking efforts.
AAAE has repeatedly weighed in with DOT to support updates to the ACAA regulations governing service animals. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM). AAAE urged DOT to improve ACAA regulations by providing airports and airlines with the necessary tools to mitigate potential abuse of service animal use and ensure the safety of passengers and other animals in the airport environment.
In April 2020, AAAE submitted another around of comments to DOT in support of changes outlined in the department's January 2020 notice of proposed rulemaking. AAAE supported the proposal to align DOT's ACAA regulations with DOJ's ADA regulations, which apply to terminal areas owned and controlled by airport operators. AAAE emphasized that improved consistency between these regulations would increase the safety of the traveling public, mitigate increased cases of fraud and abuse in the use of service animals, reduce confusion, and provide airports with flexibility to manage the safety of passengers traversing the airport terminal areas.
Highlights from DOT's Final Rule. In the final rule, DOT adopted many of the changes that were proposed in the January 2020 proposal. Arguably the biggest change is narrowing the definition of service animal to include only dogs that have been individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.
DOT's final rule would also provide airlines with greater flexibility to reduce cases of service animal abuse and fraud by:
- Allowing airlines to no longer recognize an emotional support animal as a service animal;
- Allowing airlines to require passengers to complete a DOT form attesting to the service animal's health, behavior and training;
- Allowing airlines to limit the number of service animals traveling with a single passenger with a disability to two service animals;
- Allowing airlines to require a service animal to fit within its handler's foot space on the aircraft;
- Allowing airlines to require that service animals be harnessed, leashed, or tethered at all times in the airport and on the aircraft; and
- Continuing to allow carriers to refuse transportation to service animals that exhibit aggressive behavior and that pose a direct threat to the health or safety of others.
If you have any questions, please contact Justin Barkowski at Justin.barkowski@aaae.org.
