BS: Air Travel with Service Dogs

Subject: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 12:04 PM

I have not called the airline yet because we have not yet chosen with whom we will fly.

I'm particularly interested in any experience Catters have had actually doing this (air or train, etc).

The following regulatory stuff *seems* to apply but I am not sure if the Patriot Act gives the TSA an "out".

The Air Carrier Access Act of 1986 (ACAA)

The first Federal legislation to directly address public access rights of people with disabilities who have service animals was the Air Carrier Access Act of 1986 (1). The act amended the Federal Aviation Act of 1958 to provide that prohibitions of discrimination against handicapped people apply to air carriers. Regulations clarify that air carriers must permit "dogs and other service animals used by handicapped people to accompany the people on a flight" (16). As a result of these 1986 stipulations regarding air transport, the 1990 Americans with Disabilities Act does not reference air carriers in its Title II and III transportation requirements. [However:] Of all sections of the Americans with Disabilities Act, Title III references service animals most directly. Title III prohibits discrimination of people with disabilities in public accommodations and services operated by private entities. Section 12182(b)(2)(A) clarifies specific prohibitions on discrimination on the basis of disability, and includes in the definition of discrimination:

    a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. (42 USC 12182(b)(2)(A)(ii))

The U.S. Department of Justice (DOJ) implementing regulations (15) clarify "modifications in policies, practices, or procedures." 28 CFR Section 36.302(c) specifically addresses service animals and clarifies that "Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability" (see AWIC Newsletter vol. 6 #2-4--Americans with Disabilities Act and its Applicability).

The ACAA regulations provide one of the most specific statements of Federal policy regarding accommodation of service animals. While efforts to implement other Federal laws, such as the Americans with Disabilities Act, rely largely on technical assistance guidance, regulatory examples, and settlements to guarantee access and accommodation rights for disabled people who have service animals, the ACAA directly regulates these rights. The act requires air carriers to permit service animals to accompany people with disabilities on flights (14 CFR 382.55 (a)) (16).

(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified handicapped person using the animal.

(2) Carriers shall permit a service animal to accompany a qualified handicapped individual in any seat which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

(3) In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling outside the continental United States with the carrier, including those traveling with service animals.

Service animals are also referenced in the act's regulations regarding seat assignments and clarifies that in the case that the service animal cannot be accommodated at the seat location of his/her human companion, the carrier must offer the passenger the opportunity to move with the animal to another seat as an alternative to requiring the animal to travel with checked baggage (14 CFR 382.37(c)).

http://www.nal.usda.gov/awic/newsletters/v7n2/7n2hende.htm#ACAA

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 12:21 PM

Also: http://www.iaadp.org/usdot-may2008-airline-guidance.html

    .....The only situation in which the rule contemplates that a service animal would not be permitted to accompany its user at his or her seat is where the animal blocks a space that, per FAA or applicable foreign government safety regulations, must remain unobstructed (e.g., an aisle, access to an emergency exit) AND the passenger and animal cannot be moved to another location where such a blockage does not occur. In such a situation, the carrier should first talk with other passengers to find a seat location where the service animal and its user can be agreeably accommodated (e.g., by finding a passenger who is willing to share foot space with the animal). The fact that a service animal may need to use a reasonable portion of an adjacent seat's foot space—that does not deny another passenger effective use of the space for his or her feet—is not, however, an adequate reason for the carrier to refuse to permit the animal to accompany its user at his or her seat. Only if no other alternative is available should the carrier discuss less desirable options concerning the transportation of the service animal with the passenger traveling with the animal, such as traveling on a later flight with more room or carrying the animal in the cargo compartment. As indicated above, airlines may not charge passengers with disabilities for services required by Part 382, including transporting their oversized service animals in the cargo compartment.

In modifying this paragraph in the guidance, we deleted the phrase concerning the potential purchase of a second seat, since there are probably no circumstances under which this would happen. If a flight is totally filled, there would not be any seat available to buy. If the flight had even one middle seat unoccupied, someone with a service animal could be seated next to the vacant seat, and it is likely that even a large animal could use some of the floor space of the vacant seat, making any further purchase unnecessary. Of course, service animals generally sit on the floor, so it is unlikely that a service animal would ever actually occupy a separate seat. ....

Of course mine could also sit in that extra seat with a properly-rated seatbelt harness for takeoff and landing, at those times people are required to wear their belts?

~Susan

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 12:27 PM

Continuing from the above source:

Third Excerpt: Service Animal Relief Areas
Inter-terminal and intra-terminal transportation owned, leased, or controlled by a carrier at a U.S. airport must meet DOT ADA rules. Since DOT has already incorporated the new version of ADAAG into its regulations, the new ADAAG's provision will apply to any features covered by the DOT rules. One new requirement at U.S. airports is to provide, in cooperation with the airport operator, animal relief areas for service animals that accompany passengers who are departing, arriving, or connecting at the facility.

Fourth Excerpt: Escort to Relief Area - documentation required?
Another addition, applicable only in U.S. airports, is that a carrier would, on request, and in cooperation with the airport operator, have to escort a passenger to a service animal relief area. Finally, carriers would have to assist passengers with disabilities in transporting their carry-on or gate-checked luggage to or from the gate. This obligation would arise only if the passenger could make credible verbal assurances of his or her inability to carry the item due to his or her disability. If the passenger's verbal assurances to the carrier are not credible, the carrier may require the passenger to produce documentation as a condition of providing the service. All the services mentioned in this paragraph would be provided only on request of a passenger with a disability.

(I do have all that documentation.)

~S~

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 12:38 PM

Same source:

The passenger will need to understand airline policies and should find out what type of documents the carrier would need... .

Accommodating Passengers With Service Animals in the Cabin

How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?

Let passengers know the airline's policy about seat assignments for people with disabilities. For instance: (1) should the passenger request pre-boarding at the gate? or (2) should the passenger request an advance seat assignment (a priority seat such as a bulkhead seat or aisle seat) up to 24 hours before departure? or (3) should the passenger request an advance seat assignment at the gate on the day of departure? When assigning priority seats, ask the passenger what location best fits his/her needs.

Passengers generally know what kinds of seats best suit their service animals. In certain circumstances, passengers with service animals must either be provided their pre-requested priority seats, or if their requested seat location cannot be made available, they must be assigned to other available priority seats of their choice in the same cabin class. Part 382.81(c) requires airlines to provide a bulkhead seat or a seat other than a bulkhead seat at the request of an individual traveling with a service animal.

Passengers should comply with airline recommendations or requirements regarding when they should arrive at the gate before a flight. This may vary from airport to airport and airline to airline. Not all airlines announce pre-boarding for passengers with special needs, although it may be available. If you wish to request pre-boarding, tell the agent at the gate.

A timely request for pre-boarding by a passenger with a disability must be honored (see sections 382.83(c) and 382.93) Part 382 does not require carriers to make modifications that would constitute an undue burden or would fundamentally alter their programs (382.13 (c))...

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 12:40 PM

Corrected post to replace post just previous


Same source:

The passenger will need to understand airline policies and should find out what type of documents the carrier would need... .

Accommodating Passengers With Service Animals in the Cabin

How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?

Let passengers know the airline's policy about seat assignments for people with disabilities. For instance: (1) should the passenger request pre-boarding at the gate? or (2) should the passenger request an advance seat assignment (a priority seat such as a bulkhead seat or aisle seat) up to 24 hours before departure? or (3) should the passenger request an advance seat assignment at the gate on the day of departure? When assigning priority seats, ask the passenger what location best fits his/her needs.

Passengers generally know what kinds of seats best suit their service animals. In certain circumstances, passengers with service animals must either be provided their pre-requested priority seats, or if their requested seat location cannot be made available, they must be assigned to other available priority seats of their choice in the same cabin class. Part 382.81(c) requires airlines to provide a bulkhead seat or a seat other than a bulkhead seat at the request of an individual traveling with a service animal.

Passengers should comply with airline recommendations or requirements regarding when they should arrive at the gate before a flight. This may vary from airport to airport and airline to airline. Not all airlines announce pre-boarding for passengers with special needs, although it may be available. If you wish to request pre-boarding, tell the agent at the gate.

A timely request for pre-boarding by a passenger with a disability must be honored (see sections 382.83(c) and 382.93) Part 382 does not require carriers to make modifications that would constitute an undue burden or would fundamentally alter their programs (382.13 (c))...

Subject: RE: BS: Air Travel with Service Dogs
From: GUEST,mg
Date: 23 Apr 12 - 02:53 PM

Well, I wish everyone the best but I see all sorts of problems, including people with allergies, people with phobias etc. I would expect..not really..I would hope.. they should be informed of the presence of an animal on board..this is not a situation where they can leave if they find something is going to be harmful to them..they are stuck. I would hope that every animal that is a dog would be muzzled or caged, and other animals as well..my brother had monkey bites that caused him all sorts of problems. People are going to claim that they need their boa constrictor (and they do) as a service animal. Various exotic animals are being defined as companion animals, for good reasons..and undoubtedly help the people they assist..some people with service animals by definition have some sort of problem..can they all control their animals under each and every circumstance? Does the airplane carry tranquilizers to be used if necessary..on other passengers I would think if they started to have a panic attack or something from seeing a poodle....

What does an animal use for a bathroom on a long flight, or just if it gets airsick or whatever? What about odors? What about barking or crowing or whatever?

I know official service animals are of the right breed for the task, carefully trained etc...but all sorts of people are bringing all sorts of poorly chosen and trained animals into the arena and there are considerations that affect public safety quite severely...spread of MRSA etc..fleas...all sorts of things..

Subject: RE: BS: Air Travel with Service Dogs
From: Greg F.
Date: 23 Apr 12 - 02:58 PM

Suggest you contact the airlines and/or the TSA instead of flailing around here- you might actually get the information you need.

Subject: RE: BS: Air Travel with Service Dogs
From: artbrooks
Date: 23 Apr 12 - 05:13 PM

TSA on service animals.

Subject: RE: BS: Air Travel with Service Dogs
From: Jack Campin
Date: 23 Apr 12 - 06:18 PM

One thing to consider is that a long flight wouldn't be much fun for the dog, and a freaked-out dog might not be much use to you at the other end. A friend of mine who could easily have brought her guide dog over on a visit decided to leave her at home because she didn't want to stress her out that much. (The dog wouldn't have been used to traffic on the wrong side of the road anyway).

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 07:20 PM

All these great comments (thanks) are totally covered in the longer articles from which I drew the above excerpts.

Here's a fun misread from the TSA site that confirms the excerpt above:
I read it as: "service monkey must be controlled by the handler throughout the screwing process." It actually reads: "service monkey must be controlled by the handler throughout the screening process."

Since we do have a couple of members with disabilities, I hope to hear their experiences, which I have been warned can vary from all the regs and training of staff in place at airports and onboard.

~Susan

Subject: RE: BS: Air Travel with Service Dogs
From: Fossil
Date: 23 Apr 12 - 08:02 PM

Well, I have read this thread twice now and I still have no idea what the point at issue is. Wizzy, instead of cut 'n pasting huge excerpts of legalese, which is the surest way to turn potential supporters off, why don't you just explain succinctly and briefly *in your own words* what the problem is and what help you need?

Subject: RE: BS: Air Travel with Service Dogs
From: GUEST,.gargoyle
Date: 23 Apr 12 - 10:03 PM

Wake up little Suzie...

Sincerely,
Gargoyle

Subject: RE: BS: Air Travel with Service Dogs
From: wysiwyg
Date: 23 Apr 12 - 10:22 PM

LOL. First sentences in the OP say it all, but here it is again:

I have not called the airline yet because we have not yet chosen with whom we will fly.

I'm particularly interested in any experience Catters have had actually doing this (air or train, etc).

~Susan

Subject: RE: BS: Air Travel with Service Dogs
From: Bert
Date: 23 Apr 12 - 11:59 PM

The problem that I have had with airlines is that what they tell you over the phone is not what you find at the gate.

When you prearrange the flight and they say that everything will be fine, make sure that you get it in writing; otherwise you might find yourself stuck at the gate with an officious employee refusing to honor what you have been told.

If that happens even with written permission, make sure that while you are arguing with them that you are also blocking the line to stop anyone else getting on the flight.