Travelers now have a few more months before a Department of Transportation rule goes into effect that could lead to fewer protections when their flight is disrupted.
Under Congress’ Federal Aviation Administration Reauthorization Act of 2024, the DOT was set to remove 10 types of flight disruptions from being “within the carrier’s control,” and change how delays and cancellations are reported on Oct. 19. That’s now been delayed to Feb. 1, 2027, according to the Oct. 15 Federal Register.
“These 10 specific types of flight disruptions will now be tracked in a brand-new reporting category to ensure government delay data accurately reflects what airlines can and cannot control,” the agency said in a statement to USA TODAY in September.
Airlines for America had requested the extension Sept. 21, citing how industry stakeholders and the Bureau of Transportation needed time to update their data collection systems. The trade association also said starting the rule in the new calendar year is more “natural and logical,” according to the Federal Register.
For travelers, the removal of those 10 circumstances no longer being deemed the airlines’ fault could reduce their eligibility for receiving compensation, like vouchers for meals or hotels. Here’s what travelers should expect from the rule.
What Are the Flight Disruptions Being Excluded?
Disruptions caused by maintenance, crew scheduling or aircraft cleaning are currently categorized as within a carrier’s control. Starting Feb. 1, 2027, the following 10 air travel events will be excluded:
- 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 in compliance with 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 in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight
- An emergency that required medical attention through no fault of the carrier
- The removal of an unruly passenger
- An airport closure due to the presence of volcanic ash, wind or wind shear
What Does the Rule Mean for Travelers?
Essentially, travelers could receive less compensation if their flight is delayed due to the reclassified events.
“Depending on how the categorization for each kind of event, that will then impact what kind of assistance you as a passenger might be entitled to under the airlines’ policies,” said Erika Josefsson, an air passenger rights expert at AirHelp, which specializes in flight compensation. “So when I’m talking about this, it’s mainly hotels and meals and transportation back and forth from the airport when you have a long flight delay or a cancellation.”
She expects the biggest impact to come from the exclusion of unscheduled maintenance events, since those commonly cause delays. The rule also now clarifies that unruly passengers and government shutdowns are not controllable by the airline.
Some airline industry experts have pushed back on the rule, saying it strips air traveler protections and moves passenger rights further away from what they are abroad. For all flights to, from or within the European Union, airlines are required to offer monetary compensation for a significant delay or cancellation, even when within an airline’s control.
“This is going to impact passengers in a very direct way,” William J. McGee, senior fellow for aviation and travel at the American Economic Liberties Project, previously told USA TODAY. “If I had one thing to say about this, this is really going to hurt consumers because you’re going to be given fewer rights in terms of compensation through meals, hotels and things like that.”
What If My Flight Is Canceled?
The rule does not change that passengers who choose not to fly when their flight is canceled are entitled to a full refund under DOT rules.
What Should Travelers Do Under the New Rule?
Once the rule takes effect, Josefsson recommends that travelers whose flights are delayed first ask airline employees why the disruption happened and document any flight notifications or emails, just in case. Some airlines may still offer vouchers, even if the cause for delay is considered out of their control and travelers can check what each airline has committed to on the DOT’s consumer dashboard.
Purchasing travel insurance could also come in handy under the rule change, since it provides more protections during significant delays.
“I don’t believe it’s going to be a huge impact anyways, but passengers should be prepared,” added Josefsson.
Contributing: Eve Chen, USA TODAY
Reporting by Kathleen Wong, USA TODAY / USA TODAY
USA TODAY Network via Reuters Connect
Add a Comment