Delayed Flight? A New US Rule Could Mean You Get Less From Your Airline.

What the rule does

In 2024, DOT began tracking what commitments US airlines make to passengers in case of delays and cancellations. Photo: Department of Transportation

Right now, airlines classify every delay into one of five categories (four for cancellations). One of them is called “Air Carrier” and covers anything within the carrier’s control, from crew scheduling to maintenance. The new rule removes 10 specific types of events from that category and files them in a new, separate one, designating them as outside the carrier’s control. It’s part of Section 511(b) of the FAA Reauthorization Act of 2024, the aviation law signed in May 2024 by President Biden. The DOT was directed to make this change by Congress.

This particular move was one of many lines in a sprawling bill that had hundreds of provisions dealing with aviation safety, air traffic staffing, and airports. The same law also expanded some rights and protections for passengers, including a directive to build the public dashboard that now tracks what airlines have committed to do for disrupted passengers. In 2024, airlines pushed the DOT to make the list of reasons considered the airlines’ fault even slimmer, claiming the existing system was “distorting performance statistics and unfairly penalizing airlines for events outside their control.”

Why “controllable” is the word that matters

US-based airlines are not required by law to compensate passengers for delays of any kind — even multi-day delays. Instead, the major carriers have collectively agreed to provide services like meals, overnight hotels, rebooking, and in some cases, travel vouchers or miles — but those benefits apply only when the disruption is within the airline’s control. The major carriers agreed to them in September 2022 under Department of Transportation pressure, after a year of severe disruptions. Before September 2022, no large US-based airline explicitly guaranteed a meal or a hotel, even if the delay was its fault.

Moving these 10 causes for delays off the “controllable” list means those causes no longer trigger the airlines’ commitment to compensate guests. The DOT announcement says it expects that the “the total value of amenities and compensation currently provided by air carriers to consumers will be reduced,” describing it as a “a transfer of value from consumers back to air carriers.” DOT also says it will help airlines’ reputations by making them seem responsible for a smaller percent of delays. Critics say it’s a rule designed to bring benefits to the airline industry, not travelers.

The 10 new reasons

It’ll soon be possible to classify airplane maintenance as outside the airline’s control. Photo: NewJadsada/Shutterstock

The 10 reasons that are no longer considered to be an airline’s fault include:

• Aircraft cleaning required after the death of a passenger
• Aircraft damage from extreme weather, foreign object debris, or sabotage
• Baggage or cargo loading delays caused by an outage of a bag system the carrier does not control
• Cybersecurity attacks, provided the airline followed applicable security rules
• An unexpected shutdown or failure of a government system that affects an airline’s ability to fly safely
• Overheated brakes stemming from a safety incident that forced emergency procedures
• Unscheduled maintenance that cannot be deferred, including repairs ordered by a federal safety directive
• A medical emergency requiring attention through no fault of the carrier
• The removal of an unruly passenger
• An airport closure caused by volcanic ash, wind, or wind shear

Some triggering events, like a volcanic eruption or passenger death, are often outside an airline’s control. But the rule allows airlines to attribute the full delay to one of these reasons, no matter how long the delay is. A brief interruption and an hours-long one are logged the same way, meaning an airline could delay passengers for days and just blame the whole thing on a passenger medical emergency. “Unscheduled maintenance” — one of the primary reasons travelers may currently get compensated — will be considered outside an airline’s control as of October 19.

The reporting mechanism doesn’t change: airlines report the cause of the delay or cancellation to DOT, with no independent audit to confirm the airline is being truthful. The department relies on carriers’ own records and polices the results after the fact through consumer-protection enforcement rather than verifying each entry. The new law doesn’t add any new guidelines to ensure airlines are accurately reporting the cause of delays.

What it means for travelers

Flying an EU-based airline to Europe offers a few more protections in case of delays or cancellations. Photo: Bilal Kocabas/Shutterstock

In the last two years, the US in general has been moving away from consumer protections and toward favoring business interests. In December 2024, under the guidance of President Biden, DOT explored the concept of requiring airlines to pay cash compensation for significant delays or cancellations, as is required in places like Canada and throughout the EU. In November 2025, under the guidance of President Trump, the department withdrew that proposal.

When the law goes into effect, refund rights will still be unchanged. Under a separate 2024 rule, a canceled or significantly delayed flight still entitles a passenger who chooses not to travel to a cash refund, regardless of what caused the disruption. But what will likely shift is the level of assistance an airline gives you when there are delays. Airlines have only agreed to provide perks like hotel vouchers and meals when delays are their fault, and now, there are many more ways for them to say a delay isn’t their fault.

There’s not a lot travelers flying in the US can do to protest the new regulation or increase their chances of getting compensation. The only public comment period would have been prior to 2024, when Congress was drafting the law. Foreign airlines aren’t allowed to fly passengers between two US cities, so flying a non-US-based airline usually won’t be an option for domestic travel. If you ask for compensation and are denied, the only real recourse is to file a complaint with DOT. Some credit cards offer trip delay benefits, which could help fill in some of the financial gaps if you’re forced to pay for a hotel for a night.

International flights are where you may have more options.  Canada’s Air Passenger Protection Regulations cover any flight to, from, or within Canada, on any airline. It obligates airlines to provide food and an overnight hotel if needed on the spot. The European Union’s EC261 covers any flight departing an EU airport on any airline, plus flights arriving to the EU on EU-based carriers. So if you’re flying home from Europe, you’re covered no matter what airline you’re on. But flying to Europe, you’re only covered if you’re on an EU-based carrier. EC261 pays up to €600 (about $697) in cash for a controllable delay, and European courts have even extended it to connecting US legs booked on a single ticket. Like in the US, neither system pays out for weather delays — but they do mandate cash payments in circumstances where US airlines may only offer vouchers.