The U.S. Department of Transportation (DOT) has pushed back the start date for new flight disruption rules that will limit some passenger rights.
Currently DOT’s passenger protection rules require airlines to provide passengers with meal vouchers, hotel rooms and other assistance during delays due to a wide variety of situations considered to be under an airline’s control.
But the 2024 law reauthorizing the Federal Aviation Administration removes 10 categories of flight disruptions from airline responsibility – and thus limits the number of situations when passengers can expect assistance.
Originally scheduled to go into effect on October 19, 2026, the new rules will now go into effect on Feburary 1, 2027.
The delay means that passengers have just a few more months during which the following situations are considered within an airline’s control.
- Aircraft cleaning necessitated by the death of a passenger
- Aircraft damage caused by extreme weather, foreign-object debris, or sabotage
- A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor
- Cybersecurity attacks (provided that the air carrier is following applicable cybersecurity regulations)
- A shutdown or system failure of government systems that directly affects the ability of an air carrier to conduct flights safely and is unexpected
- Overheated brakes due to a safety incident resulting in the use of emergency procedures
- Unscheduled maintenance—including work required by an airworthiness directive—that comes up outside a scheduled maintenance program and can’t be deferred or must be fixed before flight
- An emergency that required medical attention in a situation that was not the fault of the carrier
- The removal of an unruly passenger
- An airport closure due to volcanic ash, wind, or wind shear
Stuck at the Airport wrote about the new rules for AFAR and included these tips for travelers who might find themselves faces with a flight delay or cancellation.
What to do if your flight is delayed or canceled
While the list of exclusions seems broad, there will still be situations where a flight delay is still considered an airline’s responsibility.
The flight compensation experts at AirHelp, recommend that, in a flight delay sitution you ask for the stated reason for a delay and keep a record of it.
“Request the explanation in writing or take a screenshot of the airline’s app notification. Save receipts and check the airline’s customer service plan to see what assistance it promises for that type of disruption,” said AirHelp’s Erika Josefsson.
You should be able to find the airline’s customer service plan on the DOT’s Airline Cancellation and Delay Dashboard.
Note that (for now), rules regarding refund rights have not changed.
If a flight is canceled or significantly changed and you decide not to fly, you are entitled to a full refund for the unused portion of your ticket.
