Facts About Traveling with Service Animals

Editor: Here's a great compilation of laws regarding traveling with service animals, including hearing dogs.

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The ADA defines a service animal as any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

An operator cannot require a person traveling with a service animal to sit in a particular seat on the vehicle. Access to public and private transportation is a civil right for customers with disabilities under the ADA, a customer with a service animal cannot be segregated from other passengers and the service animal must be permitted to accompany its owner on the vehicle. It is the responsibility of the customer to ensure that his service animal does not block the aisle or exits or in any way interfere with other passengers.

The provider cannot charge a fee as a condition for allowing a service animal to accompany a customer with a disability. The transportation provider can charge passengers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge customers without disabilities for the same type of damages.

A driver cannot ask for or require proof of service animal certification or of the customer's disability. If a driver is unsure that an animal is a service animal, they can inquire if the animal is a pet. If the customer responds that the animal is a service animal, the driver can ask what kind of service the animal is trained to perform. To ask for or require proof of a disability as a condition for providing service to an individual accompanied by a service animal is intrusive and prohibited under the ADA. Although some states do have programs to certify service animals, many do not. Some animals may have certifications and some a licensed but operators may not ask for or require proof of state certification or identification before permitting the service animal to accompany the customer with a disability onto the vehicle.

Any customer with a disability can travel with a service animal even if the work of the service animal is done outside of the transport situation. The customer determines the need for a service animal, just as s/he does for a personal care attendant or a mobility aide.

Customers are responsible for maintaining control over their animals and caring for them at all times. They should be prepared to answer questions from the driver. The handler is responsible for knowing the best way to board and position the animal on the vehicle, particularly if the animal might be required to provide assistance during the transit trip. The customer is responsible for managing interactions with other passengers when situation arise, such as asking others not to pet, feed, distract or interrupt the service animal while it is working.

Service animals are not entitled to a seat. Seats are usually reserved for fare-paying customers and the handler is not required to pay a fee for their service animal. Most service animals are dogs and most dogs sit on the floor next to their handler's feet. Customers and the transportation provider are encouraged to talk to one another to determine what is responsible if a situation occurs where a service animal uses a seat and work together on a solution. However, the transportation provider is not required to displace another paying customer to make room for the service animal.

For more information about service animals and air travel and the Air Carrier Act call the Department of Transportation Disability Hotline at (800) 778-4838 or (800) 455-9880 (TTY).

For more information about traveling with service animals contact Easter Seals Project ACTION at (800) 659-6428 or visit www.projectaction.org/ The Clearinghouse page provides the opportunity to order or download a copy of the document titled, "Serving Passengers Traveling with Service Animals". Visit the U.S. Department of Justice Web site and download a copy of "ADA Business Brief: Service Animals".

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*Thanks to HLAA and Fairfax County Disability Planning & Development*