[NAGDU] Question Regarding Allegiant Airlines Requiring a Completed Veterinarian Form for Flying with a Guide Dog f

Sarah Calhoun sc-tico at att.net
Tue Feb 18 18:52:22 UTC 2020 

Concerning the health certificate and additional forms airlines such as Allegiant want service dog handlers to complete, it is important to remind handlers to submit your comment on the Notice of Proposed Rule Making (NPRM) by the Department of Transportation  and the changes to the Air Carrier Access Act (ACAA) aligning a portion with the Americans with Disability Act (ADA). Emotional Support Animals (ESA) are addressed as well. The NPRM states that Airlines recognizes that ESA's are not service dogs. Below is a portion from the NPRM relating to the forms. Attached is the complete NPRM. At the top is instructions on how to file your comments to D.O.T.  All comments must be submitted by April 6, 2020. 

Clipped from NPRM:
SUPPLEMENTARY INFORMATION: 

Executive Summary 

The Department proposes to define a 
service animal, under its ACAA 
regulations in 14 CFR part 382, as a dog 
that is individually trained to do work 
or perform tasks for the benefit of a 
qualified individual with a disability, 
including a physical, sensory, 
psychiatric, intellectual, or other mental 
disability.1 Furthermore, this NPRM 
proposes to allow airlines to recognize 
emotional support animals as pets 
rather than service animals. The NPRM 
also proposes to allow airlines to require 

1 The Department’s proposed definition of a 
service animal in this rulemaking is similar to the 
definition of a service animal in the Department of 
Justice (DOJ) regulations implementing the 
Americans with Disabilities Act (ADA), 28 CFR 

35.104 and 28 CFR 36.104. However, the 
Department proposes a number of service animal 
provisions in this proposed rulemaking that differ 
from DOJ’s ADA service animal requirements. 
all passengers with a disability traveling 
with a service animal to complete and 
submit to the airline forms developed by 
DOT attesting to the animal’s training 
and good behavior, certifying the 
animal’s good health, and attesting that 
the animal has the ability either not to 
relieve itself on a long flight or to relieve 
itself in a sanitary manner. In addition, 
this NPRM would clarify existing 
prohibitions on airlines’ imposing breed 
restrictions on service animals and 
would allow airlines to set policies to 
limit the number of service animals that 
one passenger can bring onboard an 
aircraft. This NPRM would also 
generally require service to be 
harnessed, leashed, or otherwise 
tethered. This NPRM also proposes 
requirements that would address the 
safe transport of large service animals in 
the aircraft cabin and would clarify 
when the user of a service animal may 
be charged for damage caused by the 
service animal. Finally, this NPRM 
addresses the responsibilities of code-
share partners, among other provisions.

Best,
Sarah
-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Melissa Allman via NAGDU
Sent: Tuesday, February 18, 2020 10:08 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users' <nagdu at nfbnet.org>; 'Mwelch8877 at gmail.com' <mwelch8877 at gmail.com>
Cc: Melissa Allman <MAllman at seeingeye.org>
Subject: Re: [NAGDU] Question Regarding Allegiant Airlines Requiring a Completed Veterinarian Form for Flying with a Guide Dog f

Hello all. Unfortunately, this is not the first time the issue of Allegiant requiring people with task-trained service animals to complete the veterinary form has come up. IN August of 2019, DOT issued "Final Enforcement Priorities." The enforcement priorities are designed to let people know where DOT is going to spend its resources in terms of taking enforcement action against airlines. This means that although the law has not changed, DOT is focusing its enforcement resources in specific areas. Unfortunately, DOT has chosen not to come down on airlines for asking service animal handlers to provide documentation in specific circumstances. Below is a quote from the enforcement priorities.

"As we explained in the documentation section above, Part 382 permits airlines to determine, in advance of flight, whether any service animal poses a direct threat, but the rule does not clearly indicate how airlines must make that assessment. Accordingly, we do not intend to take action against an airline for asking users of any type of service animal to present documentation related to the service animal’s vaccination, training, or behavior, so long as it is reasonable to believe that the documentation would assist the airline in making a determination as to whether an animal poses a direct threat to the health or safety of others." This quote is found on page 24 of the enforcement priorities. Here is a link to the entire document, which is published by DOT as a PDF.
https://www.govinfo.gov/content/pkg/FR-2019-08-21/pdf/2019-17482.pdf

That said, DOT also states on page 26 of the Final Enforcement Priorities "We will monitor airlines’ animal documentation requirements to ensure that they are not being used to unduly restrict passengers with disabilities from traveling with their service animals." I'm not sure how Allegiant could possibly know, before a specific service animal is even in the airport, whether they reasonably need the information contained on their veterinary form to assess whether the animal poses a threat.

DOT can only monitor airlines' documentation requirements if people bring them to their attention. I think it would be interesting to see someone argue in a complaint to DOT that despite the enforcement priorities, Allegiant's form is overreaching and unduly burdensome.

Lauren did provide the link to the DOT complaint form, but in case folks need it again, here it is.
https://www.transportation.gov/airconsumer/file-consumer-complaint

I hope this information is helpful.

Melissa R. Allman
The Seeing Eye,, Inc.
Senior Specialist, Advocacy and Government Relations

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Lauren Bishop via NAGDU
Sent: Tuesday, February 18, 2020 10:01 AM
To: Mwelch8877 at gmail.com
Cc: Lauren Bishop; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [NAGDU] Question Regarding Allegiant Airlines Requiring a Completed Veterinarian Form for Flying with a Guide Dog f

Hi Milissa,
Please find the link below:

https://www.transportation.gov/airconsumer/file-consumer-complaint

Sent from my iPhone

> On Feb 18, 2020, at 4:51 AM, Mwelch8877 at gmail.com <mwelch8877 at gmail.com> wrote:
>
> Hi Lauren,
>
> Thank you for your response. Yes, I definitely echo your same concerns. I too have witnessed many poorly behaved dogs in airports and have been told by airline personnel that because the person says that it is a service animal, there is nothing that they can do to intervene. if they are requiring people to have their veterinarians complete these forms prior to flying, I am really concerned that when a dog is poorly behaved in an airport, airline personnel will now just say that the person has a form signed by their veterinarian stating that the dog is a fully task trained service animal and therefore, there is nothing that the airline personnel can do to intervene.  like you, I have no idea how a veterinarian can determine a dog’s behavior in an airport while the veterinarian is observing the dog’s behavior at a vet clinic. Furthermore, as far as I am aware, veterinarians are not animal behavior experts and certainly do not have the expertise to determine whether or not a dog has been fully task trained to mitigate a persons disability. anyway, thank you for your response, I appreciate it. For expediency sake, I will probably just have my veterinarian complete the form. However, do you know where I would go to file a complaint with the department of transportation? I would like to file a complaint with the DOT as you suggested.
>
> Thank you,
>
> Milissa
>
>
>
>> On Feb 17, 2020, at 8:10 PM, Lauren Bishop <laurenbishop96 at icloud.com> wrote:
>>
>> Good Evening,
>> No, these forms are not legal. I would consider filing a complaint with the DOT. These forms are absolutely rediculous and dont determine an animals fitness to fly.   The airlines do not understand that observing the behavior of the animal and handler are the best defense against poorly trained service and support animals. It is my concern that Poor service animal behavior may not be addressed because the passenger has a form signed by a veterinarian stating that the animal can behave in public. I have found through personal experience that when you go to an airline representative with concerns about a poorly behaved animal in an airport, their reaction is, ” Well, it has a service dog vest, so we have to let it on the plane.” The staff really need more training. I am really not sure what to do in your situation. If it is feasible for you, It  probably be easier in the long run to get the form filled out by your vet. Explain to the office that this is a service animal and you need the form to fly. They may not charge you for a simple signature. I would carry the forms with you, but not change your travel routine. I would not volunteer forms or give them to the representatives when they request. I would definitely try to educate them, but if things startgetting particularly nasty, or it looks like you are not going to be able to fly without the forms, then show them.    I wish you the best of luck, and I hope you enjoy your trip.
>> Sincerely,
>> Lauren
>> Sent from my iPhone
>>
>>>> On Feb 17, 2020, at 7:26 PM, mwelch8877--- via NAGDU <nagdu at nfbnet.org> wrote:
>>>
>>> Hi Everyone,
>>>
>>>
>>>
>>> Does anyone know if the below is legal regarding Allegiant's 
>>> airlines requirements for flying with a guide dog? I purchased a 
>>> ticket with Allegiant Airlines and, according to Allegiant, in order 
>>> to fly with my guide dog, I am required to have a veterinarian 
>>> health certificate completed by my veterinarian. This completed form 
>>> from my veterinarian must then be presented at the Allegiant ticket counter when I check in for each flight.
>>> The requirements for completed forms prior to flying with Allegiant 
>>> are different for emotional support animals verses task trained service animals.
>>> I did not think that the airlines were legally permitted to require 
>>> those of us who use guide dogs to complete any type of veterinarian 
>>> health forms prior to flying? Have there been some changes recently 
>>> that I am not aware of? Or, have the airlines always been legally 
>>> able to require this all along and have not started to enforce it 
>>> until recently? I have never been required to complete any type of 
>>> vet health forms prior to flying with my guide dogs within the 
>>> United States. I have cut and pasted the information regarding 
>>> service animals from the Allegiant website below for your reference.
>>> I have also copied and pasted the text from the required 
>>> veterinarian form below for your reference. Lastly, I have included 
>>> the link to the Allegiant website where all this information and the vet form can be found.
>>>
>>>
>>>
>>> IN reading over the required veterinarian form, one question that 
>>> does concern me is my vet is expected to answer the question if my 
>>> service dog has been fully task trained to mitigate a disability.
>>> Since I use a guide dog, it is pretty obvious what the trained task 
>>> of my dog is. But, if this form is legal, I do not understand how it 
>>> is going to cut down on poorly behaved and fake service animals.
>>> Theoretically, anyone can take their pet dog to their vet with a 
>>> vest or harness and say that it is a service dog. As long as the dog 
>>> is well behaved during the vet visit, the person can tell all kinds 
>>> of tails about what type of tasks the dog has been trained to 
>>> perform to mitigate a disability. I just don't understand how a 
>>> veterinarian has the expertise to determine if a service dog has been task trained to mitigate a person's disability?
>>>
>>>
>>>
>>> At any rate, below is the information from the Allegiant website.
>>> Any feedback anyone is able to provide is greatly appreciated.
>>>
>>>
>>>
>>> Information from Allegiant Website:
>>>
>>> Service Animals
>>>
>>> Allegiant welcomes passengers traveling with a fully trained service 
>>> animal, such as those accompanying a hearing- or visually-impaired 
>>> person. To assist us in determining whether an animal poses a direct 
>>> threat to the health or safety of others, Allegiant requires the 
>>> following documentation for travel with a fully trained service animal:
>>>
>>> *    Trained Service Animal(s) Veterinary Health Form
>>>
>>> Present fully completed Veterinary Health form to an Allegiant 
>>> representative at check-in for each flight.
>>>
>>>
>>> <https://www.allegiantair.com/sites/default/files/pdf-files/Service-
>>> Animal-F orm_012120.pdf> Click here to download the form for a 
>>> Service Animal
>>>
>>>
>>>
>>> Text from Required Veterinarian Form for Service Animals:
>>>
>>> Trained Service Animals
>>>
>>> Allegiant welcomes passengers traveling with a trained service 
>>> animal(s). A service animal is individually trained to assist 
>>> individuals in mitigating one or more disabilities by performing a 
>>> specific task(s).*
>>>
>>> Ensuring the safety of all passengers, crew, airport personnel, and 
>>> animals traveling on Allegiant is and always will be Allegiant's top 
>>> priority. To that end, we require all passengers traveling with 
>>> trained service animals have their licensed veterinarian complete 
>>> the following form, which will assist us in determining whether an 
>>> animal poses a direct threat to the health or safety of others. Additionally, please note:
>>>
>>> . Allegiant transports domestic dogs, cats and miniature horses, 
>>> except that pit bull and pit bull-type breeds are prohibited on 
>>> Allegiant flights
>>>
>>> . Passengers may travel with up to three (3) trained service animals 
>>> if required to perform work or tasks directly related to the 
>>> passenger's disability
>>>
>>> . Service animals may only occupy the passenger's purchased space in 
>>> accordance with FAA safety regulations. The animal may lie under the 
>>> seat immediately in front of the passenger or travel on the 
>>> passenger's lap if the animal is no larger than an approximately 30-lb child.
>>>
>>> . If the passenger's service animal(s) is/are not capable of 
>>> occupying the disabled passenger's foot space with essentially no 
>>> encroachment upon other space, the passenger may be required to 
>>> purchase a second seat to accommodate the animal.
>>>
>>> . Passengers accompanied by trained service animal(s) are required 
>>> to present a fully completed Veterinarian Health Form for each 
>>> animal to an Allegiant representative at check-in for each flight.
>>>
>>> Many of your questions may be answered by visiting our website at 
>>> allegiantair.com/passengers-special-needs
>>> <http://allegiantair.com/passengers-special-needs> .
>>>
>>> If you are unable to find an answer, please contact Allegiant at 
>>> allegiantair.com/customer-request-assistance
>>> <http://allegiantair.com/customer-request-assistance> . Or you may 
>>> contact Customer Care at 702-505-8888. Please note wait times may 
>>> vary depending on the time of day.
>>>
>>> * In all cases the work or tasks performed by a service animal must 
>>> be directly related to the individual's disability, such as a fully 
>>> trained animal assisting an individual who is blind or has low 
>>> vision with navigation and other tasks. The provision by an animal 
>>> of emotional support, well-being, comfort or companionship does not 
>>> constitute work or tasks; please visit 
>>> allegiantair.com/passengers-special-needs
>>> <http://allegiantair.com/passengers-special-needs>  for forms 
>>> applicable to such animals (Emotional Support/Psychiatric Service Animals).
>>>
>>> 12/19/19 Page 1 of 2
>>>
>>> Trained Service Animal Veterinary Health Form
>>>
>>> Passenger Name: Animal Name: Animal Breed:
>>>
>>> Is the animal a pit-bull type breed? YES / NO
>>>
>>> Please note Allegiant does not transport pit-bull or pit-bull type breeds.
>>>
>>> Veterinarian Name:
>>>
>>> License Number & Expiration Date:
>>>
>>> State License was Issued by:
>>>
>>> Most Recent Date Animal was Examined:
>>>
>>> Most Recent Date of Rabies Vaccine & Valid thru:
>>>
>>> Is the animal over the age of 4 months?
>>>
>>> Please note Allegiant does not transport service animals under the 
>>> age of 4 months.
>>>
>>> YES / NO
>>>
>>> When most recently examined, did the animal appear to be free of 
>>> infectious or contagious disease that could endanger other animals or public health?
>>>
>>> YES / NO
>>>
>>> Is the animal fully task trained to mitigate a disability?
>>>
>>> YES / NO
>>>
>>> To my knowledge (Select one of the following):
>>>
>>> The animal HAS NOT bitten or injured/attacked a person or another animal.
>>>
>>> The animal HAS bitten or injured/attacked a person or another animal.
>>> Provide explanation:
>>>
>>> Veterinarian Signature & Date:
>>>
>>> Veterinarian Contact Info (phone number, email address, office address):
>>>
>>> . Form must be fully completed and dated within one year of travel date.
>>>
>>> . A passenger may travel with up to three (3) trained service 
>>> animals if required to perform work or tasks directly
>>>
>>> related to the passenger's disability - a separate form is required 
>>> for each animal . Present completed form to an Allegiant 
>>> representative at check-in for each flight
>>>
>>> Form 1 of 1
>>>
>>>                12/19/19 Page 2 of 2
>>>
>>>
>>>
>>> Link to Allegiant Website where all the above information and vet 
>>> form can be found:
>>>
>>> https://www.allegiantair.com/passengers-special-needs
>>>
>>>
>>>
>>> Thank you,
>>>
>>>
>>>
>>> Milissa
>>>
>>>
>>>
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