New rules are coming.
Starting Oct. 19, it will get more difficult for passengers to get compensation if their flight is delayed, as a new rule by the Department of Transportation changes what's considered to be within an airline's control.
The DOT said it will remove 10 events that cause flight disruptions from being "within the carrier's control," as outlined in the FAA Reauthorization Act of 2024. "The U.S. Department of Transportation (Department or DOT) is amending its regulations governing how air carriers report the causes of flight cancellations and delays," according to the rule published in the Federal Register on Sept. 3.
"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.
Currently, issues related to maintenance, crew scheduling or aircraft cleaning are treated as being under the carrier's control.
The reclassification of these incidents means they won't be reported in the Bureau of Transportation Statistics' on-time performance data, and also reduce the qualifying circumstances of when flyers can receive vouchers or refunds due to delays.
Some aviation experts are pushing back on the new rule, saying it favors the airline industry over travelers. "This is going to impact passengers in a very direct way," said William J. McGee, senior fellow for aviation and travel at the American Economic Liberties Project. "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."
Here's what travelers should know.
What are the flight disruptions being excluded?
Below are the 10 air travel events that will no longer be deemed within a carrier'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 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
How will this impact travelers?
The change reduces the airline’s accountability and transparency. DOT policy states passengers are entitled to compensation "if the delay was due to something in the airline's control and causes long enough inconvenience during travel," with each major U.S. carrier sharing what it provides in the Airline Cancellation and Delay Dashboard. If a traveler’s flight is delayed due to one of the listed events, they may no longer be eligible for compensation from their airline.
It'll also take away some of the decision-making power from travelers choosing which carrier to fly with. "That’s problematic for consumers, they’re making decisions based on on-time performance of an airline," said McGee.
The DOT cited a "benefits and cost savings" of the new rule, specifically stating "the number of delays and cancellations for which air carriers provide amenities and compensation to consumers is expected to be reduced."
"It’s just very, very disturbing how this Secretary is making it abundantly clear to anybody whose watching that his priority is the airline industry not passengers," said McGee, referring to Transportation Secretary Sean Duffy.
This article originally appeared on USA TODAY: New DOT rule may make it harder to receive compensation for flight delays
