Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.3, 39.21(b), 39.91

QUESTION: MAY PVOs ESTABLISH POLICIES PROHIBITING OR LIMITING PASSENGERS WITH DISABILITIES FROM TRAVELING WITH ANIMALS?

ANSWER:

*PVOs must permit passengers with disabilities to travel with service animals.

*This provision does not mean that PVOs have to allow passengers to bring pets with them on board a vessel. PVOs may establish policies prohibiting or limiting all passengers, including passengers with disabilities, from traveling with animals other than service animals. For example, a PVO could prohibit anyone from traveling with a pet, could decline to transport certain kinds of animals, or could impose conditions on the transportation of animals (e.g., requiring an animal to be on a leash or in a kennel).

*Such policies must be nondiscriminatory. For example, a PVO could not impose restrictions on animals accompanying passengers with disabilities that would not apply to animals accompanying other passengers.

*PVO policies concerning the transportation of animals are, like PVO policies on other matters, subject to the reasonable modification provisions of section 39.21(b). In some circumstances, this may result in PVOs making exceptions to otherwise valid general policies (see next Question and Answer).