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(PawLaw continued from page 71). The review incident reports suggest


an industry willing (or acquiescing) to comply with its duty to investigate the facts of the incidents and to perform necropsies to determine the cause of deaths and injuries. In 2017, 13 incidents were related to existing cardiac and gastro intestinal issues; 17 were kenneling; one was the airline’s fault, and 10 were pend- ing, or the owner refused necropsy. None occurred in the passenger compartment. Cause was related to the age, prior health concerns, and brachycephalic bone struc- ture of the pet. Note that out of 506,994 animals transported, 40 reports were filed with the federal government. Senator Alcantara has suggested legis-


lation to “guarantee the safety of compan- ion animals aboard a plane.” (See New York State Senate proposed Bill S8006). The definition portion of the Bill


defines “Carrier” as an entity regulated by federal law. Air carriers list the jurisdiction for lawsuits on passenger tickets, and by purchasing a ticket, you agree. The juris- diction of the lawsuit determines what law applies to the incident. The most signifi- cant suggestions in Alcantara’s proposed


airline pet bill, focus on better staff train- ing, and making available clear and under- standable information on transporting pets. They should be standardized in the Federal Regulations governing air carriers. §251-e1. (pets in the passenger


compartment) transfers responsibility to the pet owner, ensuring adequately labeled crates and proving the pet with reasonable food, water and medication during the flight. A rule that no animal can be stored in overhead compartments should be air- line policy, articulated in pet transportation information provided to the consumer at or before boarding. The consumer should be advised of the right to have immediate access to a supervisor or the pilot for any concern regarding people or pets. § 251 2. (pets in baggage area)


requires that pets be placed in a safe, pres- surized, ventilated and climate-controlled environment compartment. Most com- mon carriers that fly the DC9, MD80 and possibly MD88 aircraft, provide tempera- ture-controlled compartments which only lose pressurization if the passenger com- partment is suddenly depressurized and the pilot activates a switch. Standard train-


ing requires that the pilot descend to 10,000 feet or less before flicking the depressurization switch. Southwest Airlines’ Boeing 737 planes are free from the depressurization issue. The Bill requires all pets to be safely


secured at all times. In 2017, only one pet was lost while on the ground. A number of pets were lost or injured while destroying their crates. Those injuries are avoidable if the pet has been acclimated to crating, is of appropriate age and has been confirmed to be healthy. Federal law states that all traveling pets must have current inocula- tions for rabies and contagious disease, and provide an official health certificate signed by the examining veterinarian within 30 days of a travel date. The certificate must also clear the pet of any health or age conditions that might make it unsuitable for airline passage in the passenger or baggage compartment. §251-f. Sets a minimum financial


recovery of $5,000.00 per violation, for any person or entity that knowingly vio- lates the provision of the Bill. There is no criminal penalty under


New York law.U


80 THE NEW BARKER


www.TheNewBarker.com


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