11-24-2009, 08:18 AM
The FAA gives the individual airline the right to set their own policy on transporting animals. The airlines decide if they will or won't take animals; if they are allowed in the cabin; and if they want to set a limit on total number of animals. The only exception is airlines CAN NOT refuse a "Service Animal" as defined in the ADA from being with their owner in the cabin or airports. The definition of "Service Animals" is provided in the ADA. Local state and municipal laws that accord additional protection to other classes of animals are not binding on the airlines.
"Companion" animals are not Service Animals. "Therapy" animals are not Service Animals. "Emotional Support" animals are not Service Animals. Service Animals, legally, are not pets.
However, the FAA does allow other classifications of animals to accompany their owner providing it is medically necessary to overcome a "Disability" during the flight. When that occurs, the animal will be temporarily classified as a Service Animal for the purposes of the FAA and ADA, but that animals must still meet the requirements for a Service Animal. Specifically, the animal must be trained to perform a specific function for overcoming that disability.
Note, the FAA and ADA does not require the animal be certified or licensed as a Service Animal, but they do require the medically necessary to be proven and that the animals was in fact trained specifically (the main component of Service Animal) to deal with the owners disability. There is a mistaken belief that the airlines do not have the right to question 'disability" and Service Animal needs. The airlines can not demand proof of disability of the passenger to allow service animals onboard, but they do have the right to demand proof that the Service Animal is a legal Service Animal protected under ADA.
"Companion" animals are not Service Animals. "Therapy" animals are not Service Animals. "Emotional Support" animals are not Service Animals. Service Animals, legally, are not pets.
However, the FAA does allow other classifications of animals to accompany their owner providing it is medically necessary to overcome a "Disability" during the flight. When that occurs, the animal will be temporarily classified as a Service Animal for the purposes of the FAA and ADA, but that animals must still meet the requirements for a Service Animal. Specifically, the animal must be trained to perform a specific function for overcoming that disability.
Note, the FAA and ADA does not require the animal be certified or licensed as a Service Animal, but they do require the medically necessary to be proven and that the animals was in fact trained specifically (the main component of Service Animal) to deal with the owners disability. There is a mistaken belief that the airlines do not have the right to question 'disability" and Service Animal needs. The airlines can not demand proof of disability of the passenger to allow service animals onboard, but they do have the right to demand proof that the Service Animal is a legal Service Animal protected under ADA.