Understanding the Air Carrier Access Act and Service Dog Rights in Air Travel

The Air Carrier Access Act (ACAA) of 1986 is a crucial piece of legislation that protects the rights of individuals with disabilities who travel by air with their service animals. The ACAA prohibits discrimination by domestic and foreign air carriers against qualified individuals with physical or mental impairments. 

You may enforce rights under the Air Carrier Access Act 1986 by filing a complaint with the U.S. Department of Transportation, or by bringing a lawsuit in Federal court. For more information or to file a complaint, contact:

Aviation Consumer Protection Division
U.S. Department of Transportation
400 Seventh Street, S.W.
Room 4107, C-75
Washington, D.C. 20590
www.transportation.gov/airconsumer
(202) 366-2220 (voice)
(202) 366-0511 (TTY)

The Air Carrier Access Act: An Overview

The ACAA applies exclusively to air carriers that provide regularly scheduled services for hire to the public. Its primary purpose is to ensure equal access and accommodation for individuals with disabilities who rely on service animals to perform essential tasks.

Key Provisions of the Air Carrier Access Act:

Service Animal Accommodation: The ACAA requires air carriers to permit service animals to accompany people with disabilities on flights (14 CFR 382.55(a)). Service animals are defined as animals individually trained to perform tasks for individuals with disabilities.

Documentation of Service Animals: Carriers are allowed to ask for evidence that an animal is a service animal. This evidence can include identification cards, written documentation, harnesses, tags, or credible verbal assurances from the qualified handicapped person using the animal.

Seating Accommodation: Service animals are permitted to accompany the qualified handicapped individual in any seat the person occupies, as long as the animal does not obstruct an aisle or other critical areas required for emergency evacuations.

Travel Outside the Continental United States: Information concerning the transportation of animals outside the continental United States must be provided to all passengers traveling with the carrier, including those with service animals.

Alternative Seat Assignment: If the service animal cannot be accommodated at the assigned seat location of its human companion, the carrier must offer the passenger the opportunity to move to another seat with the animal instead of requiring the animal to travel with checked baggage.

Enforcing Rights under the ACAA

Individuals with disabilities who believe their rights under the ACAA have been violated have recourse to enforcement. They can file a complaint with the U.S. Department of Transportation’s Aviation Consumer Protection Division. Additionally, they have the option to bring a lawsuit in Federal court to seek remedies for discrimination experienced during air travel.

The ACAA vs. the Americans with Disabilities Act (ADA)

The ACAA, passed in 1986, directly addresses public access rights for individuals with disabilities who have service animals in air travel. In contrast, the Americans with Disabilities Act (ADA) of 1990 focuses on accessibility requirements in various public places. The ADA does not specifically reference air carriers in its Title II and III transportation requirements due to the existing comprehensive regulations provided by the ACAA.

The Air Carrier Access Act is a vital piece of legislation that ensures the rights of individuals with disabilities and their service animals during air travel. It mandates that air carriers permit service animals to accompany qualified individuals on flights, irrespective of species or breed. By understanding the provisions of the ACAA, we can promote a more inclusive and accommodating air travel experience for all passengers with disabilities and their essential service animals.

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