Service Animal Definition Matrix—Air Carrier Access Act vs.

Americans with Disabilities Act----(July 1, 2016)

Issue List Air Carrier Access DOJ FRA interpretation FTA’s HUD’s FHAct
Act (ACAA) and 14 interpretation of of Americans With interpretation of and/or Section 504
CFR Part 382 Americans With Disabilities Act Americans with https://portal.hud.gov/h
udportal/documents/hud
Disabilities Act (ADA) Disabilities Act doc?id=servanimals_ntcf
(ADA) 49 CFR 37.3 (ADA) heo2013-01.pdf
http://www.ada.gov/s 49 CFR 37.3, 37.167(d)
ervice_animals_2010.h https://www.transit.dot.
tm gov/sites/fta.dot.gov/file
s/docs/Final_FTA_ADA_C
ircular_C_4710.1.pdf
Current Definition: Current Definition: Current Definition: Current Definition : Current Definition:
Any animal that is Dogs and miniature Service animal means any [A]ny guide dog, signal The term “assistance
individually trained or horses that are guide dog, signal dog, or dog, or other animal animal” is used in the
able to provide individually trained to other animal individually individually trained to context of the Fair
assistance to a qualified do work or perform trained to work or work or perform tasks Housing Act (FHAct) and
person with a disability; tasks for people with perform tasks for an for an individual with a Section 504 of the
or any animal shown by disabilities. individual with a disability, disability, including, but Rehabilitation Act of
documentation to be including, but not limited not limited to, guiding 1973 (Section 504). An
necessary for the to, guiding individuals individuals with impaired assistance animal is not a
emotional well-being of with impaired vision, vision, alerting pet. It is an animal that
a passenger. alerting individuals with individuals with impaired works, provides
impaired hearing to hearing to intruders or assistance, or performs
intruders or sounds, sounds, providing tasks for the benefit of a
providing minimal minimal protection or person with a disability,
protection or rescue work, rescue work, pulling a or provides emotional
pulling a wheelchair, or wheelchair, or fetching support that alleviates
fetching dropped items. dropped items. one or more identified
symptoms or effects of a
person's disability.
Should disability Trained or, in certain Service animals are Animals must be trained Service animals are Neither the FHAct nor
mitigation training cases, untrained animals that are to perform some task or animals that are Section 504 requires an
for the animal be animals may qualify as “individually trained to function—conductors “individually trained to assistance animal to be
required as a service animals. work or perform usually accepte the animal work or perform tasks.” individually trained or
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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

condition of access? tasks.” Formal if the individual says it’s a This training can be by an certified.
training (e.g., school service animal. Formal organization or by an
for service animals) is training (e.g., school for individual, including the
not required. service animals) is not individual with a
required. disability.
Should public access All service animals must Dogs must be The expectation is that all The expectation is that Public access training is
training for the be trained to behave housebroken. service animals must be all service animals must not required.
animal be required appropriately in a public trained to behave be trained to behave
as a condition of setting. appropriately in a public appropriately in a public
access? setting. setting.

Should the rule Psychiatric service Psychiatric service Psychiatric service animals Psychiatric service HUD does not distinguish
distinguish between animals are recognized animals are recognized are recognized as service animals are recognized between assistance
psychiatric service as service animals, but as service animals. animals. as service animals if they animals based on
animals and other are considered to be are trainined to perform whether an individual
service animals? If emotional support a task. has a psychiatric or other
so, what are the animals and, therefore, type of disability.
practical implications subject to the applicable However, the approach
of that distinction? regualatory taken in evaluating
requirements, i.e. whether a reasonable
documentation. accommodation may be
necessary may differ
depending on whether
an individual’s disability
is readily apparent or
known to the provider.
Should the rule Emotional support Emotional support Emotional support Emotional support Assistance animals
preserve a distinct animals are recognized animals are not animals are not animals are not include those that
emotional support as service animals. recognized as service recognized as service recognized as service provide emotional
animal category? If animals. animals. animals. support to persons with
so, what are the disabilities. HUD does
practical implications not have a separate
of that distinction? category for emotional
support animals.
Should the rule U.S. carriers are Only dogs and in All animals except All animals per the DOT While dogs are the most
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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

designate eligible required to transport all certain cases miniature primates and exotic definition. However, FTA common type of
species and, if so, service animals except horses are considered animals (.e.g. snakes, has not opined formally assistance animal, other
what species should certain unusual animals service animals. reptiles). on primates and exotic animals can also be
be allowed? Should (e.g., snakes, other animals in its oversight. assistance animals.
the rule allow certain reptiles, ferrets, Through technical Accommodations are
species to travel as rodents, and spiders). assistance, we have reasonable if they do not
service animals Foreign air carriers are provided guidance impose “an undue
subject to certain not required to consistent with FRA’s financial and
restrictions (such as transport service approach. administrative burden”
remaining contained animals other than or a “fundamental
during flight)? dogs. alteration” to the nature
[Facilitator Note: As of the provider’s
discussed on call, operations. It would be
certain animals such rare for undue financial
as very small and administrative
capuchin monkeys burden or fundamental
travel in containers alteration to be
during flight but implicated in connection
offer valuable service with an assistance
at the destination animal. Assistance
retrieving objects for animals must be allowed
reduced mobility in public and common
passengers, etc.) use areas. It is the
assistance animal
owner’s responsibility to
maintain control of the
assistance animal.
Should the rule allow Carriers may require Entities cannot require No documentation Transit agencies cannot For Service Animals, the
carriers to require documentation that the or request requirement to prove that have a policy requiring ADA states that a
documentation and, animal will not need to documentation as an animal is a service riders to provide covered entity shall not
if so, what relieve itself during the evidence that an animal. documentation for their require documentation,
documentation and expected duration of animal is a service service animal before such as proof that the
under what the flight or that the animal. boarding a bus or train or animal has been
circumstances? animal can relieve itself entering a facility certified, trained, or
in a way that does not licensed as a service

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

create a health or animal.

sanitation issue on the For assistance animals
flight. that are not service
animals, when an
Also, except for individual’s disability is
emotional support or not readily apparent or
psychiatric service otherwise known, a
animals, carriers may provider may ask for
not require passengers credible information
to produce verifying the disability or
documentation that an disability-related need
animal is a service for an assistance animal,
animal unless verbal e.g., persons who are
assurances of the blind or have low vision
passenger are not may not be asked to
credible. document their disability
or need for a guide dog.
Depending on the
individual’s
circumstances,
information verifying
that the person has a
disability can usually be
provided by the
individual himself or
herself (e.g., proof that
an individual under 65
years of age receives
Social Security Income or
Social Security Disability
Income benefits or a
credible statement by
the individual). A doctor
or other medical
professional, a peer

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

support group, a non-

medical service agency,
or a reliable third party
who is in a position to
knowabout the
individual’s disability may
also provide verification
of a disability.
What requirements DOT suggests five steps When it is not obvious When conductor needs to Personnel may ask riders Because providers are
should the rule to determine whether what service an animal verify that an animal is a two questions: (1) is the often covered by the
impose to prevent an animal is a service provides, only limited service animal, he or she animal a service animal ADA, Section 504, and
fraud in the animal or pet – (1) inquiries are allowed. may ask the following: Is required because of a the FHAct, different
documentation obtain credible verbal Staff may ask two this your pet? What disability? and (2) what requirements apply
process. assurance; (2) look for questions: (1) is the service is the animal work or task has the depending on whether
physical indicators on dog a service animal trained to provide? animal been trained to the assistance animal is a
the animal (e.g., required because of a perform? service animal under the
harnesses, vests); (3) disability, and (2) what ADA or not.
request documentation work or task has the
for service animals if dog been trained to To avoid violating the
passenger’s verbal perform. Staff cannot ADA, providers should
assurance is not ask about the person’s start with the approach
credible; (4) request disability, require provided under the ADA.
documentation for medical When it is not obvious
emotional support and documentation, what service an animal
psychiatric service require a special provides, only limited
animals; and (5) observe identification card or inquiries are allowed.
behavior of animal. training Staff may ask two
documentation for the questions: (1) is the dog
To obtain credible dog, or ask that the a service animal required
verbal assurances dog demonstrate its because of a disability,
carriers are permitted ability to perform the and (2) what work or task
to ask the following: Is work or task. has the dog been trained
this your pet? What to perform.
tasks or functions does
your animal perform for If the answers to both (1)

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

you?" “What has it been and (2) are yes, then the
trained to do for you?” FHAct and Section 504
“Would you describe (like the ADA) require the
how the animal housing provider to grant
performs this task (or the accommodation.
function) for you?”
Carriers cannot ask
about the person’s
disability.
Should permissible If a passenger seeks Entities cannot require No documentation Transit agencies cannot If the answer to either
documentation to travel with an or request requirement to prove that have a policy requiring question above is no, the
requirements differ animal that is used documentation as an animal is a service riders to provide provider may ask persons
according to the as an emotional evidence that an animal. documentation for their who have disabilities that
support or psychiatric
disability of the animal is a service service animal before are not readily apparent
service animal,
passenger? carriers are not
animal. boarding a bus or train or or known to the provider
required to accept entering a facility to provide reliable
the animal for information verifying a
transportation in the disability and the
cabin unless the disability-related need
passenger provides for an assistance animal.
you current Similarly, if the disability
documentation (i.e., is known, but the need
no older than one for an assistance animal
year from the date of
is not readily apparent,
the passenger's
scheduled initial then the provider may
flight) on the request reliable
letterhead of a information showing the
licensed mental disability-related need
health professional for the assistance animal.
(e.g., psychiatrist, Information/documenta-
psychologist, licensed tion is sufficient if it
clinical social worker establishes that the
including a medical
individual has a disability
doctor specifically
and that the animal will
treating the
passenger's mental provide some type of

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

or emotional disability-related
disability) stating the assistance or emotional
following: support.
(1) The passenger
However, a housing
has a mental or
emotional disability
provider may not ask for
recognized in the information showing the
Diagnostic and disability or disability-
Statistical Manual of related need for an
Mental Disorders-- assistance animal if the
Fourth Edition (DSM disability or disability-
IV); related need is readily
apparent or known to
(2) The passenger the provider. For
needs the emotional
example, persons who
support or psychiatric
service animal as an
are blind or have low
accommodation for vision may not be asked
air travel and/or for to provide
activity at the documentation of their
passenger's disability or their
destination; disability-related need
for a guide dog. A
(3) The individual housing provider also
providing the
may not ask for access to
assessment is a
medical records or
licensed mental
health professional, medical providers or for
and the passenger is detailed or extensive
under his or her information or
professional care; documentation of a
and person's physical or
mental impairments
(4) The date and
type of the mental Since disabilities and
health professional's
disability-related needs
license and the state
or other jurisdiction
generally do not change

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

in which it was from year to year,

issued. providers may not seek
repeated verification of
disability or disability-
related need.

Under what On a flight segment Establishments may Conductors cannot Bus operators and rail Housing providers are to
circumstances, if scheduled to take 8 not require dog require individuals with systems may not require evaluate a request for a
any, should the rule hours or more, carriers handlers to provide disabilities to provide advance notice. reasonable
allow the carrier to may require inviduals advance notice. advanced notice—but it’s However, accommodation to
require advance traveling with all service encouraged. complementary possess an assistance
notice of a animals to provide 48 paratransit or other animal in a dwelling
passenger’s hours advance notice, demand responsive using the general
intention to travel and check in 1 hour services that operate principles applicable to
with a service before the normal check with small vehicles (e.g., all reasonable
animal? How much in time for the general sedans), ask riders for accommodation requests
notice, if any, may public. notification of their any time such a request
be required? intent to ride with a is made. Providers may
Regardless of the length service animal in order to not allowed to limit how
of the flight, carriers help ensure adequate and when requests can
may require individuals space is available for the be made.
traveling with an animal.
emotional support or
psychiatric service
animal to provide 48
hours advance notice,
and check in 1 hour
before the normal check
in time for the general
public.

Should the rule offer Carriers must determine The dog must be in the Transit agencies may Housing providers may
additional guidance whether any factors handler’s control and refuse to transport deny a request to permit
given as to how to preclude whether an the handler must take service animals that are a person with a disability
assess the animal’s animal can travel in the effective action to deemed to pose a direct to live with and use an
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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

behavior? cabin as service animals control it. threat to the health or assistance animal if (1)
(e.g., whether the safety of drivers or other the specific assistance
animal would pose a riders, create a seriously animal poses a direct
direct threat to the disruptive atmosphere, threat to the health or
health or safety of or are otherwise not safety of others that
others, whether it under the rider’s control. cannot be reduced or
would cause a For example, a rider with eliminated by another
significant disruption of a service dog is reasonable
cabin service. responsible for ensuring accommodation, or (2)
the dog does not bite the the specific assistance
driver or other riders. animal in question would
Conversely, a dog that cause substantial
barks occasionally would physical damage to the
likely not be considered property of others that
out of the owner’s cannot be reduced or
control. eliminated by another
reasonable
accommodation. Breed,
size, and weight
limitations may not be
applied to an assistance
animal. A determination
that an assistance animal
poses a direct threat of
harm to others or would
cause substantial
physical damage to the
property of others must
be based on an
individualized
assessment that relies on
objective evidence about
the specific animal's
actual conduct — not on
mere speculation or fear

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

about the types of harm

or damage an animal
may cause and not on
evidence about harm or
damage that other
animals have caused.
Under what Service animals Service animals must Guidance: There is a There is no harness In public and common
circumstances, if (including emotional be harnessed, leashed, leash/tether requirement requirement in the rule, use areas, an individual
any, should the rule support and psychiatric or tethered, unless in a guidance document. but FTA has provided with a disability must
allow a carrier to service animals) are not these devices interfere guidance similar to DOJ’s maintain control of the
require that the required to be with the service positon: service animals individual’s assistance
service animal be harnessed, leashed or animal’s work or the must be harnessed, animal. Providers cannot
controlled by a tethered. individual’s disability leashed, or tethered, require the use of a leash
tether or harness? prevents using these unless these devices or tether if another
devices. In that case, interfere with the service means of control is
the individual must animal’s work or the effective.
maintain control of the individual’s disability
animal through voice, prevents using these
signal, or other devices. In that case, the
effective controls. individual must maintain
control of the animal
through voice, signal, or
other effective controls.
Should the rule allow Part 382 does not An individual is not An individual is not denied An individual is not The practical reality is
airlines to deny permit carriers to deny denied access if their access if their service denied access if their that the denial of access
passengers boarding a passenger boarding service animal is animal is denied access. service animal is denied with an assistance animal
if their animal is because his or her denied access. access. may end up being the
ineligible? carrier service animals denial of access to
was denied housing. If the provider
transportation. denies a reasonable
However, oftentimes a accommodation that
passenger will refuse to should have been
fly if their service animal granted, damages and
is denied penalties may be
transportation. awarded.

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

Should the rule HUD allows Fair Housing

specify procedures Act and Section 504
for challenging complaints and lawsuits
eligibility with damages and
determinations by penalties available for
the airline, and if so, the failure to provide
what should they reasonable
be? accommodations for
assistance animals.
Should the rule While the ACAA rule Section 37.167(d) does Under the FHAct and
specify a limit on the does not impose a limit not prescribe limits on Section 504, the
number of service on the number of the number of service determination is based
animals that may be service animals per animals that accompany on disability-related
brought on board by passenger, as a matter riders on a single trip. need. In HUD’s
any passenger? And of enforcement policy, Different service animals experience, the need is
Should the rule the Department’s may provide different not common.
specify a limit on the Aviation Enforcement services to a rider during
total number of Office has stated that it trips or at the rider’s
animals that may would not take action destination.
travel as service against carrires that
animals on a given choose to limit the
flight? number of service
animals per passenger
to three.
Under what Part 382 requires It may be an appropriate
circumstances, if airlines to allow service reasonable
any, should the rule animals to accompany accommodation for
include within the their handlers in the someone else to have
definition of “service cabin of the aircraft, but access to housing with an
animal” an animal airlines are not assistance animal in
training to be a required otherwise to order to deliver or care
service animal, that carry animals of any for a person’s assistance
is traveling with an kind either in the cabin animal. For example, if a
individual with a or in the cargo hold. person with a disability is
disability? And Airlines are free to ill, someone else will

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

should the rule adopt any policy they need to care for the
require access for choose regarding the animal, such as the
service animals that carriage of pets and person’s friend. It would
are being other animals provided be a reasonable
transported by an that they comply with accommodation to allow
individual with a other applicable that to happen.
disability solely for requirements (e.g., the
the purpose of Animal Welfare Act).
delivering the animal Although "service
to another person animals in training" are
with a disability? not pets, the ACAA does
not include them,
because "in training"
status indicates that
they do not yet meet
the legal definition of
service animal.
However, like pet
policies, airline policies
regarding service
animals in training vary.
Some airlines permit
qualified trainers to
bring service animals in
training aboard an
aircraft for training
purposes. Trainers of
service animals should
consult with airlines,
and become familiar
with their policies.
Service animal users
typically refer to the
person who
accompanies the animal

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 Service Animal Definition Matrix—Air Carrier Access Act vs. Americans with Disabilities Act----(July 1, 2016)

as the "handler."

How should the rule Airlines must N/A N/A N/A N/A
address the (possibly promptly take all
conflicting) (a) steps necessary to
service animal comply with foreign
regulations (e.g.,
requirements and/or
animal health
(b) animal
regulations) needed
quarantine to permit the legal
requirements of transportation of a
jurisdictions outside passenger's service
Continental US? animal from the U.S.
into a foreign airport.
Should the rule no US airline codeshare N/A N/A N/A N/A
longer hold US partners may be held
carriers responsible responsible when its
when its foreign foreing code-share
code-share partners partner denies
deny transportation transportation to an
to animals that are animal other than a
not service dogs? service dog.

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