Air travel is already a complex and often stressful situation, but add a service animal into the mix? It can turn any handler into a nervous flyer. This is especially the case if they’ve never flown with a service dog before or aren’t fully aware of the legal protections in place.
Under the Air Carrier Access Act (ACAA) federal law, airlines are legally required to accommodate service animals. However, service animals may be denied their rights in certain circumstances. Handlers will also need to obtain some documentation from the Department of Transportation (DOT) before the journey.
To help ensure you know what to expect and are fully prepared, we’ll discuss everything you need to know about the ACAA below. We’ll discuss what the ACAA is, its service animal protections, and how to safely (and legally) travel with a service animal by air.
What Is the Air Carrier Access Act?
The ACAA was established in 1986 to help ensure air travel is equally accessible to everyone. The law applies to all US airlines and prohibits discrimination on the basis of disability.
Under the ACAA, airlines cannot refuse transportation to passengers with disabilities and must reasonably accommodate them at no additional cost. They must also treat them with dignity, respect, and care, and assist them safely and promptly.
The ACAA also enforces measures such as:
- Airlines cannot keep an individual with a disability out of specific seats on the plane, except in circumstances where they need to comply with government-enforced safety requirements
- Airlines cannot put a limit on the number of people with disabilities on a flight
- Airlines must allow the person with a disability to fly independently without another person present, unless a safety assistant is required (and the safety assistant cannot be charged for their transportation)
Airlines generally cannot require a passenger with a disability to provide advance notice. However, they can ask for up to 48 hours’ notice for certain accommodations to prepare the plane accordingly (e.g., establishing a respirator hook-up or transportation of a wheelchair).
Airline and aircraft facilities must also be accessible for those with disabilities. This includes measures such as accessible toilets, movable aisle armrests, and prioritizing storage space for their medical equipment.
Service Animals and the Air Carrier Access Act
Service animals are working animals who support those with disabilities by performing trained tasks. They can help with various types of disabilities, from physical disabilities like diabetes to psychiatric conditions such as anxiety and post-traumatic stress disorder (PTSD).
Service dogs are protected at a federal level and are treated as essential medical assistance aids. Due to their invaluable role, the ACAA extends air travel protections to them too.
Under the ACAA, service animals cannot be discriminated against. They must be permitted to fly on board the plane alongside their handlers. This includes all flights to, within, and from the US. They also cannot be charged fees or subjected to pet-related restrictions, including breed bans and size limits.
Do I Need to Provide Documentation for My Service Animal?
Airlines cannot ask for “proof” of the service animal’s legitimacy. Under the Americans with Disabilities Act (ADA), they are only legally allowed to ask two very specific questions to gauge a service animal’s status:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Any other questions would be a breach of the passenger’s rights and can cause the airline to face legal repercussions. They also cannot ask the passenger to get their service dog to demonstrate their trained tasks.
That said, airlines are within their right to ask handlers to fill out certain DOT forms. This includes:
- A form attesting to the service dog’s behavior, health, and training
- A relief form confirming that the animal won’t need to relieve themselves while on the aircraft or can relieve themselves in a sanitary manner on a long-haul flight (eight or more hours)
An airline can also ask for documentation that shows the service animal complies with the health and safety protocols of the relevant U.S. territory and/or foreign country.
Can My Service Animal Be Denied Air Travel?
In most instances, an airline must accommodate your service animal, though there are some exceptions to be aware of.
An airline is legally allowed to deny your service animal transportation in circumstances such as:
- They pose a threat to the health and safety of other passengers on board the flight (e.g., aggressive, disruptive, or out-of-control behavior)
- They aren’t housebroken and can’t relieve themselves in a hygienic manner
- Accommodating them on board the plane would pose a significant undue hardship, and would not be realistically feasible or safe (e.g., due to the amount of space on the plane and the dog’s size)
- You have failed to complete the DOT forms
- The service animal violates animal health requirements
In general, as long as the service animal is well-behaved and the necessary documentation has been obtained, an airline is unlikely to ever deny them accommodation.
Can I Bring My Emotional Support Animal on the Plane?
Emotional support animals (ESAs) are companion animals who also support those with disabilities. However, while service dogs achieve this through performing trained tasks, ESAs provide support solely through their presence and companionship.
They are not legally obligated to undergo any training. Any animal can also become recognized as an ESA, including even more unusual species like tarantulas and reptiles.
Emotional support animals used to be protected under the Air Carrier Access Act and were granted the same reasonable accommodations as service animals. However, the DOT revised the ACAA back in 2021 to exclude ESAs. Now, only service animals benefit from the ACAA’s protections, and airlines are not legally obligated to accommodate ESAs.
Unfortunately, without this federal legal requirement in place, practically all major airlines in the US have opted to treat ESAs as pets. This means ESAs are subject to standard pet-related fees and policies.
If you’re considering traveling with an ESA, it’s best to contact the airline’s staff directly to discuss whether they can be accommodated on board the plane.
Tips for Flying With a Service Animal
Once you’re ready to travel with your service animal, it’s important to be prepared to ensure a smooth, comfortable, and swift journey. Make sure that your animal satisfies all health requirements (e.g., up-to-date vaccinations) and that you have completed the DOT forms noted above.
While not a legal obligation, it’s helpful to give an airline advance notice about your service animal, among any other reasonable accommodations you may require.
We’ve gathered some more tips below:
- Ensure your service animal is housebroken and has impeccable basic obedience and public access skills
- Help your service animal become accustomed to an airport environment in advance of the flight
- Give your service animal plenty of mental stimulation and exercise before you travel, particularly if it’s a long-haul flight
- Tether your service animal (either harnessed or leashed), unless it interferes with their trained tasks
- Pack essential supplies for the journey, including water, chew toys, and food
- Ensure your service animal has relieved themselves before the flight; ask staff for the location of the airport’s service animal relief areas if necessary
While on the flight, be mindful that your service animal should not block aisles and emergency exits, and needs to be seated in the space in front of your seat.
You may also want to consider investing in service dog attire, like a service dog vest. While not a legal necessity, it can help to make other passengers aware of their legal status and prevent unnecessary confrontations and disputes.
Learn More About the Air Carrier Access Act Today
The ACAA is in place to help make air travel more manageable and safe for both you and your service animal.
While we’ve discussed the key details above, if you have any other questions or concerns, don’t hesitate to contact our team at Emotional Support Animals. Our experts will be able to guide you further and give advice tailored to your specific needs and travel plans.
You can also find plenty of helpful resources on our blog relating to other federal laws that protect service animals, including the ADA and the Fair Housing Act (FHA).