AIR CARRIER ACCESS ACT OF 1986 as amended ACAA - Page 2 - German Shepherd Dog Forums
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post #11 of 16 (permalink) Old 12-29-2014, 02:12 PM Thread Starter
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Filing Complaints

How are complaints filed with the U.S. Department of Transportation?

Any person believing that a carrier violated any provisions of the Air Carrier Access Act may seek assistance or file an informal complaint at the U.S. Department of Transportation no later than 6 months after the date of the incident. Complaints can be filed by (1) going to the web site at the Department’s Aviation Consumer Protection Division at http://airconsumer.ost.dot.gov and selecting “Air Travel Problems and
Complaints” or (2) by writing to the U.S. Department of Transportation, Aviation Consumer Protection Division (C-75), 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

Last edited by ILGHAUS; 12-29-2014 at 02:59 PM.
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post #12 of 16 (permalink) Old 12-29-2014, 02:13 PM Thread Starter
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Purpose of the ACAA

What is the purpose of the Air Carrier Access Act (ACAA)?

The ACAA and its implementing regulations ensure that
individuals with disabilities will be treated without discrimination
and require U.S. and foreign air carriers (under certain conditions)
to make aircraft, other facilities, and services accessible and take
steps to accommodate a passenger with a disability.

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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Last edited by ILGHAUS; 12-29-2014 at 03:08 PM.
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post #13 of 16 (permalink) Old 12-30-2014, 04:52 PM Thread Starter
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Transportation Security Administration (TSA)

From the TSA Website
Latest revision: 02 May 2014

Passengers with Service Dogs
Travelers with Disabilities and Medical Conditions

If a passenger has a service dog due to a disability or medical condition, both the passenger and the service dog will be screened. The passenger should inform a security officer that the dog is a service animal and not a pet. It is helpful if the animal is wearing gear (a harness, vest, etc.) to indicate that it is a service animal. Passengers with service animals may request to access the checkpoint by the dedicated family or wheelchair lanes if they exist.

Passengers are expected to maintain control of their service dogs by holding onto the leash throughout the screening process and they should not be separated from their dogs by TSA personnel.

Passengers with Service Dogs | Transportation Security Administration


The Disability Branch

The Disability Branch serves as the primary point of contact within TSA for supporting the DHS disability policy agenda, including the following:

Reviewing and conducting inquiries, and making determinations regarding disability related complaints.
Developing, managing, and strengthening partnerships and outreach with the disability community partners.

Civil Rights for Travelers | Transportation Security Administration

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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post #14 of 16 (permalink) Old 01-25-2016, 09:21 AM Thread Starter
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A Chance For Your Opinion To Be Heard -- SD Law

Once again, there is an opportunity for the public to voice their concerns and opinions on Service Dog Law.

Comments on this document are being accepted at Regulations.gov
Original deadline was Jan. 7 but open to respond session has been extended to Jan. 21.

The DOT is exploring the feasibility of addressing several points on service animals at this time.

Docket Name Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking Process

Publication Date: Monday, December 07, 2015
Agencies: Department of Transportation, Office of the Secretary
Dates: Please submit your comments no later than January 6, 2016. [Extended to Jan. 21]
Comments Close: 01/06/2016 [Extended to Jan. 21]
Entry Type: Proposed Rule
Document Citation: 80 FR 75953
Page: 75953 -75955 (3 pages)
CFR: 14 CFR 382
Agency/Docket Number: Docket No. DOT-OST-2015-0246
RIN: 2105-AE12
Document Number: 2015-30764


ACTION Notice Of Intent.

SUMMARY

The Department of Transportation (“Department” or “DOT”) announces that it is exploring the feasibility of conducting a negotiated rulemaking (Reg Neg) concerning accommodations for air travelers with disabilities addressing inflight entertainment, supplemental medical oxygen, service animals, accessible lavatories on single-aisleaircraft, seating accommodations, and carrier reporting of disability service requests. The Department has hired a convener to speak with interested parties about the feasibility of conducting this Reg Neg. The Department anticipates that the interested parties may include disability advocacy organizations, airlines, airports, airline vendors providing wheelchair assistance, aircraft manufacturers, IFE system manufacturers, movie studios, other IFE content providers, service animal training organizations, and other Federal agencies that have a regulatory interest in these issues such as the Department of Justice, the Federal Communications Commission, and the United States Access Board.


UNIFIED AGENDA

Carrier-Supplied Medical Oxygen, Service Animals, Accessible Lavatories on Single-Aisle Aircraft, Service Request Reporting, and Seating Accommodations With Extra Legroom


Quote re Service Animals:

Determine the appropriate definition of a service animal;

Establish safeguards to reduce the likelihood that passengers wishing to travel with their pets will be able to falsely claim that their pets are service animals;

https://www.federalregister.gov/arti...ted-rulemaking

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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post #15 of 16 (permalink) Old 01-27-2018, 02:12 PM Thread Starter
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The legality of asking for documentation.

With Delta's upcoming changes in their policy for requesting 48 hour notice for all Trained Service Dogs, Psychiatric Service Dogs and Emotional Support Dogs there are questions on legality under the ACAA.

[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 74 FR 11471, Mar. 18, 2009]
The governing section of the ACAA for allowing the airlines to ask for documentation of Psychiatric Service Animals and Emotional Support Animals is 14 CFR 382.117(e). Note it does not address Trained Service Animals.

e) If a passenger seeks to travel with an animal that is used as an emotional support or psychiatric service animal, you are not required to accept the animal for transportation in the cabin unless the passenger provides you current documentation (i.e., no older than one year from the date of the passenger's scheduled initial flight) on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger's mental or emotional disability) stating the following:

(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders - Fourth Edition (DSM IV);

(2) The passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger's destination;

(3) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and

(4) The date and type of the mental health professional's license and the state or other jurisdiction in which it was issued.

https://www.govregs.com/regulations/...section382.117

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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Last edited by ILGHAUS; 01-27-2018 at 02:19 PM.
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post #16 of 16 (permalink) Old 01-27-2018, 02:40 PM Thread Starter
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S.1318 - Air Carrier Access Amendments Act of 2017

Currently there is a bill in Transportation Committee addressing additional paperwork on Psychiatric Service Animals and prohibiting the requesting of medical documentation regarding the need for the animal.

EC. 6. REGULATIONS.
(a) Accessibility Of Air Travel To Individuals With Disabilities.—

(3) SERVICE ANIMALS.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue revised regulations—

(A) eliminating additional documentation for psychiatric service animals;

(B) protecting the ability of travelers to use emotional support animals in air transportation; and

(C) prohibiting air carriers from requesting medical documentation regarding the need for a service animal as a standard requirement for access.

https://www.congress.gov/bill/115th-.../1318/text?r=1

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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