Towing with Tails: What Tow Operators Must Know About Service Animals

By Brian J Riker

Animal companions, especially dogs, have been drawing a lot of attention lately. It seems everywhere you turn, someone has a dog in a shopping basket, in the restaurant or eagerly awaiting a ride in your tow truck along with their broken-down vehicle. This unexpected four-legged furball can cause tempers to flare and may even expose you and your company to legal liability if you don’t understand the rules surrounding passenger transport and service animals.

What Is a Service Animal?

Service animals, typically dogs, are trained to perform specific tasks for individuals with disabilities. Under the Americans with Disabilities Act (ADA), service animals are granted certain protections and rights, including the right to accompany their handlers in public places and transportation vehicles. This includes tow trucks, which are considered public accommodations under the ADA.

Note: Emotional support, comfort, or therapy animals are not covered under this definition.

This distinction matters. Denying access to a true service animal is an ADA violation.

What You Can (and Can’t) Ask

Tow operators may ask only two questions:

1. Is the dog a service animal required because of a disability?

2. What work or task has the dog been trained to perform?

You cannot:

1. Ask for documentation.

2. Request a demonstration.

3. Inquire about the person’s disability.

When You Must Allow a Ride-Along

If your company routinely transports passengers:

1. You must allow passengers with service animals.

2. You must accommodate both passenger and dog safely.

If you do not routinely transport passengers:

You can decline ride-alongs—but the policy must be applied equally in every case to avoid discrimination.

Safety and Insurance Considerations

Tow truck operators should ensure that the service animal is safely accommodated in the vehicle. This may involve making adjustments to the seating arrangement or providing a secure space for the animal. It's also important to communicate with the passenger to understand any specific needs or preferences they may have regarding their service animal.

In addition to the ADA, tow truck operators should be aware of any state or local laws that may apply. Some states have additional protections for service animals, and it's essential to be familiar with these regulations to ensure full compliance.

Tow bosses, it is important that you develop clear written policies on the courtesy transportation of all passengers, including those with service animals and physical disabilities that are in full compliance with the ADA, state and local laws, US DOT regulations on transportation of passengers and any requirements imposed by your insurance carrier.

Keep in mind, most commercial auto policies do not cover non-business passengers such as employee’s family, friends or even their spouse, meaning your passenger policy must not only cover customers, it must also cover other riders. Further, the US DOT has a prohibition on unauthorized non-business passengers and requires written authorization for passengers to be produced on demand by the driver. Training and Education

Companies should provide regular training on the legal requirements and best practices for transporting service animals. This training should include information on the ADA, state and local laws, and practical tips for accommodating service animals in tow trucks. Follow this Quick Checklist: Towing with Service Animals

-- Do we normally allow passengers in the cab? -- Has the passenger confirmed this is a service animal? -- Have I asked the two ADA-approved questions (if uncertain)? -- Is the animal safe and secured? -- Are we compliant with insurance and DOT regulations? -- Has the driver received ADA training?