DOT Proposes Major Restrictions On Emotional Support Animals

If the DOT’s latest proposal is put into law, we could see airlines finally banning emotional support animals.

Airlines have already added restrictions on emotional support animals

Over the past couple of years we’ve seen airlines crack down on emotional support animals, as people have increasingly been certifying their pets as such. This is easy enough to do, as for a small cost you can even find a doctor who will certify your pet as an emotional support animal online.

Up until now this has been possible because the US Department of Transportation regulations didn’t really differentiate between service animals and emotional support animals when it came to the law.

That could finally be changing.

DOT proposes emotional support animal changes

The DOT has now opened a period for public comment regarding a new proposal that would lay the framework for airlines to ban emotional support animals.

The US Department of Transportation has issued a Notice of Proposed Lawmaking, and they’re seeking public comment over the next 60 days.

This is in regards to proposed amendments to the Department’s Air Carrier Access Act (ACAA), which impacts regulations on the transportation of service animals.

As they’re described, the proposed amendments are intended to ensure that the US air transportation system is safe for the traveling public and accessible to individuals with disabilities.

With this, the DOT is proposing:

  • To define a service animal as a dog 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
  • To allow airlines to recognize emotional support animals as pets rather than service animals
  • To allow airlines to require all passengers with a disability traveling with a service animal to complete and submit to the airline forms developed by DOT attesting to the animal’s training and good behavior, certifying the animal’s good health, and attesting that the animal has the ability either not to relieve itself on a long flight or to relieve itself in a sanitary manner
  • To clarify existing prohibitions on airlines’ imposing breed restrictions on service animals and allow airlines to set policies to limit the number of service animals that one passenger can bring onboard an aircraft
  • To require service animals to be harnessed, leashed, or otherwise tethered
  • To add specifics about how to safely transport large service animals in aircraft cabins
  • To allow airlines to charge for damage caused by service animals

The most significant amendments here are that:

  • Emotional support animals would be limited to dogs
  • Airlines could recognize emotional support animals as pets rather than service animals (meaning that if they’re a certain size they might not be allowed in the cabin)

My take on all of this…

There are a countless number of emotional support animal stories that have gone viral, involving everything from pigs to hamsters to snakes.

Has this all gotten a bit out of control? Absolutely.

At the same time, to me this fundamentally brings to light a major topic that no airline has really addressed. Tens of millions of American households have pets and love them. They consider them to be part of the family.

At the same time, most people are scared to check their pets into a cargo hold. If you ask me, it’s even cruel. Airlines have a terrible track record when it comes to transporting pets safely in the cargo hold, and I couldn’t imagine doing that to my dog.

Can any airline acknowledge the fact that people often need to travel with their pet (or at a minimum have a strong preference to do so)?

There has to be a happy medium between putting your animal in the cargo hold and having them fake certified as an emotional support animal, no?

Obviously putting a 100 pound dog underneath an economy seat isn’t ideal. But what if you want to travel with your 25 pound dog? What if you’re willing to buy an extra seat for that dog?

Surely this presents the opportunity for some airline to be at least a little innovative…

What do you make of the DOT’s new proposed regulations?

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Ann Louise Holder Guest

I sorry so many people feel those who have ESA is just a joke. But there are those of use who truly do have conditions that their support animals are life saving. I suffer from panic attacks since the the 90’s. It’s like suffocating at 30,000 feet plus worrying about the embarrassment of all the people on the plan seeing you in this condition and pointing at you while also a suffering a migraine. My small lap dog knows when I’m getting an attack. My petting him calms me until I can control my breathing. How he has any hair left on him God only knows. So until you walked in my shoes don’t judge my needs.

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Barbara Guest

People want there animal out of the pet carrier because the airlines have added more rows and you cannot get the carrier under the seat anymore. Therefore you have to find a place to put your feet which is nowhere. I agree with Alexia, Jeff and Magi. People would gladly buy 2 seats. Correct, it cost money to go to the vet to have them fill out the Allegiant form and visit you doctors office to fill out the form. We are not trying to get out of paying the airline ticket, and if these people who were getting on with pigs and peacocks did not bring other animals on the plane, none of this would happen. I do not have anyone to watch my dog. I'm a senior citizen and a pet is a baby to us. I cannot drive to Maine a couple times a year. That's way to dangerous for me. The airlines could make all of us with a dog to sit in the back rows if you have a esa.

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Ella Guest

For me, seeing many of these comments is sad and depressing. As a recurrent traveler myself (most flights are international and are required, not choice/leisure-travel flights) and a person with epilepsy and severe anxiety, I have to have some sort of support system on my flight. In my case, my esa (an 8 kg dashchund mix that is very quiet and well trained) is that support system - I cannot afford to get a service animal as the cost is anywhere from $ 7,000 up to even $ 50,000, so I trained her on what to do in case I start having an attack. What these new regulations are stating is that, because I was not able to afford a certified "service animal," I can no longer have this dog with me during a flight because too many people abused the system? I understand there are people traveling with severe allergies, and yes, I agree something needs to be done to correct the problem and protect these travelers. However, that problem should be corrected to address both sides of the issue (as travelers like myself can also die from seizures in the air by simply falling [and hitting something] while standing - situations where our personally trained esa could have warned us not to stand).

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Debbie Guest

My son can go into anaphylactic shock if he is around dogs and breathes in the dander. This happened after staying in a pet friendly room that was not disclosed to us. Upon Boardinf a southwest flight I see two dogs on the flight. We were allowed to sit in the back snd them in the front to give them more space. After five minutes my son started feeling the effects of the dogs snd his allergies started even though I gave him Zyrtec and steroid inhaler for prevention. So I have to get off the plane while the dogs fly. Severe anaphylactic allergies are protects by the American with Disability act. This abuse of the service dog has to stop and should be made a crime.

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Ally Guest

Felt completely privileged to read the comments which were so different, but I saw no mess or harassment. Being a dog owner, a pom, plus having to travel a lot between countries i cannot leave my dog for a month or two, i never had a thought of getting an ESA letter, cause it would have been fake. Though my friend got one and it is completely legitimate, as he suffers certain mental disorders. I can share a link, where he got qualified. https://certifymypet.com/qualifying-conditions-for-esa-certification/ they also have an article explaining the difference between an ESA and a service dog, which was at use for me too. Don't blame those who want to get their pet on board, the majority does not game the system.

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