You Mean I can no Longer Take my Pony with me?

Feds Consider Cracking Down on Emotional Support Animals on Flights

Under proposed rules, only dogs could be classified as service animals.

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Published 1 day ago 

on January 22, 2020

By PETS+ Staff

WASHINGTON – The U.S. Department of Transportation is considering a set of rules under which emotional support animals would no longer be classified as service animals.

The rules are intended to “ensure that individuals with disabilities can continue using their service animals while also reducing the likelihood that passengers wishing to travel with their pets on aircraft will be able to falsely claim their pets are service animals,” according to a press release from the department.

The Washington Post notes that the proposed rules “narrow the definition of service animal to dogs that have received individualized training to do work or perform tasks for a person with a disability.” A psychiatric service animal would be classified as a service animal “and require the same training and treatment of psychiatric service animals as other service animals,” according to the department.

Department of Transportation officials “noted that the proposed rule doesn’t prohibit people from flying with emotional support animals but the decision will be left to the airlines,” according to the Post.

The agency is seeking public comment on proposed amendments to its Air Carrier Access Act regulation on the transportation of service animals by air.

The department proposes to:

  • Define a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability;
  • No longer consider an emotional support animal to be a service animal;
  • Consider a psychiatric service animal to be a service animal and require the same training and treatment of psychiatric service animals as other service animals;
  • Allow airlines to require forms developed by DOT attesting to a service animal’s good behavior, certifying the service animal’s good health, and if taking a long flight attesting that the service animal has the ability to either not relieve itself, or can relieve itself in a sanitary manner;
  • Allow airlines to require passengers with a disability who are traveling with a service animal to check-in at the airport one hour prior to the travel time required for the general public to ensure sufficient time to process the service animal documentation and observe the animal;
  • Require airlines to promptly check-in passengers with service animals who are subject to an advanced check-in process;
  • Allow airlines to limit the number of service animals traveling with a single passenger with a disability to two service animals;
  • Allow airlines to require a service animal to fit within its handler’s foot space on the aircraft;
  • Continue to allow airlines to require that service animals be harnessed, leashed, tethered, or otherwise under the control of its handler;
  • Continue to allow airlines to refuse transportation to service animals that exhibit aggressive behavior and that pose a direct threat to the health or safety of others; and
  • Continue to prohibit airlines from refusing to transport a service animal solely on the basis of breed.

The department’s notice can be found here. Comments must be received within 60 days of the notice, which was issued Jan. 22.