DOT Service Animals
Ask Project ACTION
“I am a motorcoach operator. I heard the Department of Justice (DOJ) has changed the definition of a service animal to include only dogs and in some cases, miniature horses. How does that change affect me?”
You are referring to a Final Rule issued by the DOJ that made a number of changes to their ADA regulations and became effective on March 15, 2011. For motorcoach operators there is no change in how you define service animals because you operate under regulations of the Department of Transportation (DOT). The definition of service animal found in 49 CFR 37.3 of the DOT ADA regulations has not changed and is not limited to a particular kind of animal.
Under 37.167(d) of the DOT ADA regulations, transit entities are required to permit service animals to accompany individuals with disabilities in vehicles and facilities. Service animals are individually trained to perform tasks for people with disabilities, such as guiding people who are blind or who have low vision, alerting people who are deaf, pulling wheelchairs, alerting a person who is having a seizure, or performing other special tasks. Service animals are working animals and not pets.
An operator may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards or harnesses for the animal or ask about a person’s disability. Other passengers’ allergies and fear of animals are not valid reasons for denying access or refusing service to people with service animals.
Refer to the Federal Transit Administration “Technical Assistance Note (Word),” which aims to clarify that DOT regulations apply to the provision of transportation by public and private operators.
from Project Action Newsletter
What is a service animal?
A: 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.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
A service animal is not a pet.
from http://www.ada.gov/qasrvc.htm
DOT Caveat
Technical Assistance Note
No Change to US DOT ADA Regulations for Service Animals and Mobility Devices
FTA has become aware of various inquiries from transit operators and members of the public concerning “new ADA regulations” that went into effect on March 15. Of particular interest have been various provisions relating to service animals and how “wheelchair” is defined.
Please be advised that the U.S. Department of Transportation has issued no changes to its ADA regulations, which cover transportation provided by both the private and public sector.
The cause of any confusion has been a Final Rule issued several months ago by the U.S. Department of Justice (DOJ), which made a number of changes to their ADA regulations that went into effect on March 15, 2011. While the purpose of DOJ’s revisions was to adopt the 2004 accessibility standards (which DOT did in 2006), they also contained language amending provisions for service animals and introduced a new distinction between “wheelchairs” and “other powered mobility devices” or OMPDs.
These changes to DOJ’s regs do not affect the DOT ADA regulations, which cover transportation (both public and privately-operated). The DOJ regs do not compel transit operators to make any changes to their service animal policies or the manner in which they regard mobility devices, nor should transit operators elect to make any changes on this basis. In fact, because the DOT and DOJ regulations now read differently in this regard, changes to accommodate DOJ regulations could result in a grantee being out of compliance with the DOT ADA regulations.
Any amendments to the DOT ADA regulations would be announced in the customary manner – through publication of rulemaking documents in the Federal Register, with an effective date. Unless and until such documents are published, the DOT regulations remain unchanged.