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

39.3, 39.91

QUESTION: WHAT LIMITATIONS CAN A PVO IMPOSE WITH RESPECT TO CARRYING A SERVICE ANIMAL?

ANSWER:

* A PVO may decline to carry a service animal if it is not housebroken or if it is not under the control of its user and the user does not take effective action to control it.

* A PVO may impose legitimate safety requirements that are necessary for safe operation of the vessel and its facilities. Such safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.

* For example, a PVO could impose a legitimate safety requirement that a service dog not be permitted to enter a sauna or steam room, sit on any surface other than the floor, or join its user in the water of a pool or hot tub. The dog could accompany its handler to the vicinity of the pool, but would need to remain outside the pool, including the “beach” (i.e., the wet deck).