Guide Animals bound for UK

Federal Regulation Brief
March 5, 2007


TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

OFFICE OF THE SECRETARY (OST)
Feb. 20, 2007


Air travel, nondiscrimination on basis of disability, carriage of service animals into United Kingdom, guidance: Guidance Concerning the Carriage of Service Animals in Air Transportation Into the United Kingdom, Federal Register, February 26, 2007, Volume 72, Number 37, Rules and Regulations, Page 8268, 14 CFR Part 382, Notice of guidance concerning the carriage of service animals in air transportation from the United States to the United Kingdom.

PURPOSE: This guidance document is to assist U.S. and foreign airlines, and passengers with disabilities, in complying with both United States (U.S.) and United Kingdom (U.K.) rules regarding transporting service animals on flights from the U.S. to the U.K. The requirements are quite different for each country, because the U.K. rules are designed to prevent the importation of rabies, and the U.S. rules are designed to prevent unlawful discrimination against people on the basis of their disability.

SUMMARY: These guidelines address the differences between U.K. laws affecting the transport of service animals in air travel and U.S. requirements of the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulation in 14 CFR Part 382, to alleviate uncertainty when crossing from the U.S. to the U.K with a guide animal.

THE GUIDANCE: (1) Explains the procedures passengers must follow to comply with the U.K.'s Pet Travel Scheme (PETS); (2) explains the procedures U.S. and foreign carriers must follow to obtain an approved Required Method of Operation (RMOP) from the U.K.'s Department for Environment Food and Rural Affairs (DEFRA); and (3) notifies both U.S. and foreign carriers operating flights between the U.S. and the U.K. that failure to obtain an approved RMOP from DEFRA will be considered a violation of the Air Carrier Access Act (ACAA) and may subject such carriers to enforcement action by the U.S. DOT.

DOCUMENT AVAILABILITY AND QUESTIONS: This guidance document is available on the Department's Web site at Airconsumer and future updates or revisions also will be posted there. Questions regarding this notice may be addressed to the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, C-70, 400 Seventh Street, SW., Room 4116, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Blank Riether, Attorney, Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, 400 Seventh Street, SW., Washington, DC 20590; (202) 366-9342; e-mail kathleen.blankriether@dot.gov.

GUIDANCE FOR PASSENGERS WITH SERVICE ANIMALS TRAVELING ON FLIGHTS
INTO THE U.K.:

WHAT SHOULD PASSENGERS KNOW ABOUT BRINGING A SERVICE ANIMAL INTO THE U.K.?:

THE U.K. STRICTLY ENFORCES ITS RABIES RULES: The U.K. is a rabies-free country and its rules governing the entry of animals into the country, including service animals, are strictly enforced. These rules apply to the transport of animals on flights that either terminate in or transit the U.K. enroute to a third country.

YOU HAVE TO CHOOSE AN AIRLINE APPROVED TO CARRY SERVICE ANIMALS: Under U.K. law, only airlines granted official approval by DEFRA may transport animals into the U.K. on approved routes under PETS. U.K. carriers having an approved RMOP may only transport PETS-compliant guide and assistance dogs in the aircraft cabin and must transport other PETS-compliant service animals in the cargo hold. Non-U.K. carriers having an approved RMOP may transport PETS-compliant dogs, cats or ferrets in the cabin or in the cargo hold of the aircraft.

However, under Part 382, U.S. carriers having an approved RMOP must transport PETS-compliant service dogs and service cats in the aircraft cabin consistent with FAA safety requirements. It is the position of the Enforcement Office that non-U.K. foreign carriers also must transport PETS-compliant service dogs and service cats in the aircraft cabin on flights into the U.K., consistent with applicable safety requirements, unless prohibited by their nation's laws.

DOGS, CATS AND FERRETS THAT ARE NOT ‘PETS’-COMPLIANT MUST BE
CARRIED IN THE CARGO HOLD AND ARE SUBJECT TO U.K. IMPORT LICENSING REQUIREMENTS.

THE ACAA AND PART 382 LEAVE IT TO THE DISCRETION OF CARRIERS TO
ACCEPT OR REJECT FERRETS AS SERVICE ANIMALS, EVEN FOR TRANSPORT IN THE CARGO HOLD.

IT IS A PASSENGER'S RESPONSIBILITY TO ENSURE THAT HIS OR HER
SERVICE ANIMAL IS FULLY COMPLIANT WITH PETS REQUIREMENTS. Passengers living outside the U.K. must have a licensed veterinarian certify that all PETS requirements have been met by completing, signing and date-stamping a third country official veterinary certificate for domestic dogs, cats and ferrets. See the question below “What Documentation Must Be Presented by Passengers Upon Arrival in the U.K. Demonstrating That a Service Animal is PETS Compliant?”

SPECIAL REQUIREMENTS: The ARC may require that passengers fax the third country official veterinary certificate and supporting documents to the ARC up to 14 days prior to the date of travel. The ARC may issue a pre-approval document to the passenger indicating that these documents are in order and require that it be presented to the ARC inspector. The passenger is responsible for obtaining all documents the particular ARC requires for presentation upon landing. The Heathrow ARC can be contacted at HARC.GeneralEnq@cityoflondon.gov.uk, 011 44 20 8745 7894 (telephone) or 011 44 20 8759 3477 (fax). The Gatwick ARC can be contacted at animalaircare@btconnect.com, 011 44 12 9346 2180, or 011 44 12 9366 6841 (fax).

AN ANIMAL THAT LEAVES THE AIRCRAFT IN A COUNTRY NOT ON A LIST OF COUNTRIES AT LOWER RISK OF RABIES (IN THE GUIDANCE DOCUMENT) WILL BE REFUSED RE-ENTRY INTO THE U.K. UNTIL A NEW BLOOD TEST AND 6 MONTH WAITING PERIOD HAVE ELAPSED.

PROVIDE NOTICE THAT YOU WOULD LIKE TO BRING A GUIDE ANIMAL ON THE PLANE, WHEN YOU MAKE THE RESERVATION, OR AT THE LATEST, 72 HOURS PRIOR TO TAKE-OFF: Passengers traveling with a service animal should provide notice to the carrier at the time the reservation is made or at the latest 72 hours prior to the flight's departure. This will allow the carrier to give the ARC ample notice to plan for the animal's PETS inspection upon the flight's arrival in the U.K.

DOCUMENTS ARE REQUIRED AT BOTH ENDS OF THE FLIGHT: The passenger must present the required documents to airline personnel at the gate prior to departure and to ARC personnel upon landing in the U.K. before deplaning.

COSTS AND FEES: All costs and fees associated with PETS compliance are paid by the passenger, unless the airline has voluntarily arranged with the ARC to pay the fee for the initial inspection upon landing, or the ARC provides initial inspection services free of charge (e.g., at the time this guidance was published the London Heathrow ARC inspected guide and assistance dogs at no charge). Passengers should check with the ARC concerning any fees for which they are responsible and acceptable payment methods.

ADDITIONAL COSTS, OR PROSECUTION AND FINES, FOR FAILING TO COMPLY WITH ‘PETS’: Failing to comply with PETS will result in additional costs to the passenger. Egregious or repeated violations may result in prosecution and the imposition of fines by the local British enforcement authorities.


WHAT DOCUMENTATION MUST BE PRESENTED BY PASSENGERS UPON ARRIVAL IN THE U.K. DEMONSTRATING THAT A SERVICE ANIMAL IS PETS COMPLIANT?:

A DATE-STAMPED THIRD COUNTRY OFFICIAL VETERINARY CERTIFICATE, OR PET PASSPORT WITH CERTAIN INFORMATION ON IT: Upon landing in the U.K., a passenger accompanied by a PETS-compliant service animal must present either a date-stamped third country official veterinary certificate, signed by a veterinarian licensed by an approved country (Oct. 4, 2006 version of list appears at Adequate Document or an EU pet passport showing the animal has received:

A microchip implant readable by an ISO (International Standards Organization)-compatible scanner or by another scanner compatible with the implanted microchip provided by the passenger,

A vaccination against rabies,

A rabies antibodies blood test (except for ferrets). This test must be completed at least six months before the animal's initial entry to the U.K. This waiting period applies only once as long as subsequent rabies boosters are administered in accordance with the vaccine manufacturer's instructions; and

Treatment for certain parasites.

A model of the third country official veterinary certificate can be found at Model Verterinary Certificate.

PRESENT THE CERTIFICATE AT CHECK-IN FOR ‘PETS’-COMPLIANT SERVICE ANIMALS FOR TRAVELING IN THE CARGO HOLD; IF FOUND TO NOT BE ‘PETS’-COMPLIANT, IT MAY BE PLACED IN QUARANTINE FOR UP TO 6 MONTHS OR REMOVED FROM THE COUNTRY: For PETS-compliant service animals traveling in the cargo hold, the veterinary certificate or pet passport must be presented to the airline at check-in so that the carrier can affix the certificates to the kennel in the manner prescribed by DEFRA. If the service animal is found not to be PETS-compliant, it may be placed in quarantine for up to 6 months or removed from the country, as determined by the ARC.


WHAT SPECIFIC STEPS MUST A PASSENGER TAKE TO ENSURE A SERVICE ANIMAL IS PETS-COMPLIANT?

SEE DEFRA’S WEB SITE FOR COMPLIANCE PROCEDURES:

See The UK's Animal Quarantine Procedures for detailed current information about compliance procedures, including a compliance checklist and approved carriers and routes between the U.S. and U.K.