A new regulation on air transportation of service animals came into force on 30 August 2022. It includes Complementary Provisions of the “Requirements and Conditions for the Transportation of Service Animals and Emotional Support Animals.” The National Institute of Civil Aeronautics (INAC) issued this regulation. It did so through Administrative Ruling PRE-CJU-GDI-092-22 dated 07 July 2022. The regulation was published in the Official Gazette No. 42.451 on 30 August 2022 (The “Ruling 092-22”).
The provisions in Ruling 092-22 complement those in Venezuelan Aeronautical Regulation 113 (“RAV113”). They help to regulate the Transportation of Live Animals by Air at National and International Level. Both instruments coexist today.
The Ruling 092-22 is inspired by people with disabilities and the satisfaction of their needs. This is clear from its recitals when it invokes Article 81 of the Constitution of the Bolivarian Republic of Venezuela and Article 34 of the Law for Persons with Disabilities.
1. Definitions
In this sense, the term “Disability” is defined in the aforementioned Ruling as follows:
“Disability: It is the complex condition of the human being constituted by biopsychosocial factors, which evidences a temporary or permanent decrease or suppression of any of his sensory, motor or intellectual capacities that can manifest itself in absences, anomalies, defects, losses or difficulties in perceiving, moving without support, seeing or hearing, communicating with others, or integrating into education or work activities in the family or with the community, which limit the exercise of rights, social participation and the enjoyment of a good quality of life, or prevent the active participation of people in the activities of family and social life, without necessarily implying inability to integrate socially.“
Likewise, other key terms for the purposes of its application are defined. They include “Emotional Support Animal” and “Service Animal.”
“Emotional Support Animal: Any pet that is demonstrated by documentation that it is necessary for the passenger’s emotional well-being.“
“Service Animal: A dog, regardless of its type of breed, individually trained to do work or perform tasks for the benefit of an Individual diagnosed with a disability, whether physical, sensory, psychiatric, intellectual, or other mental disability.”
It is important to note that Ruling 092-22 creates a right for people with disabilities who need to travel by air. This right establishes that people can be accompanied and stay with their respective Service or Emotional Support Animals. These animals must be duly trained for such purposes. This applies in all spaces and environments where they work. This right also entails an obligation for the air operator to carry them.
This right, nonetheless, is conditional on compliance by the passenger with a disability with the following requirements:
2. Disabled Passengers’ Obligations
(a) Contact the air operator at least forty-eight (48) hours before the trip to coordinate the special service required by their condition and accompaniment.
(b) Submit to the air operator the pertinent documentation: card issued by the National Council for Persons with Disabilities (CONAPDIS) or medical and/or psychological report, certifying their disability condition, signed by a duly qualified and registered health professional in the branch of medicine that treats said disability. These reports must be valid for at least six (6) months from the date of their issuance.
(c) Submit to the air operator a certificate that their service or emotional support animal has been trained to perform its function.
(d) Submit to the air operator the documentation required by the Venezuelan Aeronautical Regulation 113 (RAV113) and the provisions of the National Institute of Integral Agricultural Health (INSAI):
(i) Health certificate issued by a registered veterinarian.
(ii) Vaccination certificate.
(iii) Rabies vaccination certificate.
(iv) Animal Health Inspection Certificate issued by INSAI.
(v) Import or export permit (if applicable).
3. Other Obligations
The passenger must also comply with the requirements established by the country of origin for the transport of such animals (e.g. placement of a chip or test for rabies neutralizing antibodies).
This right is also conditional on the Service or Emotional Support Animal not exhibiting characteristics such as foul odor, noise, aggressive behaviour, or others that pose a danger or discomfort to the crew and passengers. In such cases, air operators shall be exempted from the obligation to carry them.
4. Closing Remarks
Finally, the Ruling 092-22 establishes a mandate for airport operators to provide accessibility, guidance and necessary information to people with disabilities and reduced mobility who are accompanied by Service Animals and/or Emotional Support Animals; as well as to offer adequate internal transportation to them within the airport facilities.
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