A federal rule change that would narrow the scope of airline liability for certain flight cancellations and delays – and almost certainly leave customers with fewer avenues for securing compensation – has been postponed until next year.
An Oct. 15 update in the Federal Register states the change will take effect Feb. 1, 2027. It was initially slated for Oct. 19 of this year.
Industry trade group Airlines for America requested the delay, according to the U.S. Department of Transportation. A4A said more time was needed to establish reporting requirements for carriers.
The revision will move 10 events outside the realm of an air carrier’s responsibility, meaning they will likely face less pressure to provide compensation, such as free meals or hotel vouchers, to inconvenienced passengers.
Federal law requires refunds for certain flight disruptions, but other forms of compensation are governed by airlines’ internal procedures. And those policies often hinge on whether the cause of the disruption is within the company’s control, such as a maintenance issue, or external, such as bad weather.
The 10 circumstances that will no longer be considered under the airline’s control are:
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.
In its original note, the DOT acknowledged that customers will lose out on potential compensation as a result of the change.
The revision has been extensively reported on over the last few months and highlighted by consumer protection experts, who are advising customers to get proof of why their flight was canceled in writing. Others suggested travel insurance or checking their credit cards for refunds and compensation.