Originally Posted by
rickair7777
In fairness, the part of the fed that allowed horses was not the FAA. ADA should never have been allowed to intrude on the FAA's turf. If OSHA jurisdiction ends at the jetway, why do random, ill-conceived ADA edicts apply?
Things in the cabin that could not be secured were never approved. Part 382 (the old one) made allowance for this (that carriage could be refused in the sake of safety) and in those cases, the animal could be required to go in the cargo hold in a cargo carrier. Anything in the cabin that's not a person is cargo and must be secured by an approved means. The problem is the airlines refused to enforce this and I don't know of any cases where this was pursued, as no "covert" surveillance was ever undertaken. It was a bad system, with stuff getting past the gate agents and onto the aircraft that obviously had no place there, then they'd have to "remove" someone with a disability, which I guess would go over very bad, but if regulations were on their side they would have been fine...except for court costs and that's probably what they were really trying to avoid.
The rules were a mess though and much clearer now.