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A new federal rule that could change what passengers are owed after certain flight delays will be on hold for a couple more months.
The new regulation could leave airlines off the hook to pay for passengers’ expenses like meals and hotels due to some maintenance disruptions.
The measure, which was part of a sweeping aviation bill passed by Congress in 2024, had been slated to take effect this week.
But the U.S. Department of Transportation now plans to wait until the 2027 to implement the change.
Once in place, passengers stranded because of a mechanical delay or cancellation could have less luck getting the airline to pay for expenses that pile up.
Airlines ‘off the hook’ to pay after some flight disruptions
Today, some airlines reimburse passenger expenses when a maintenance-related cancellation or long delay pops up. Those disruptions have historically been deemed “within the airline’s control.”
Under the changes greenlit by Congress in 2024, certain unscheduled maintenance incidents would no longer be considered “controllable” by the airline.
Among them: Unscheduled maintenance issues that can’t wait until after the flight to be addressed.
In those situations, airlines may no longer be on the hook to fulfill consumer guarantees, like paying for meals, hotel stays or ground transportation.
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“The number of delays and cancellations for which air carriers provide amenities and compensation to consumers is expected to be reduced,” the DOT wrote in its final rule implementing the changes.
Several other types of flight disruptions would also no longer be counted as within the airline’s control, including:
- Aircraft cleaning because of a passenger death
- Aircraft damage due to extreme weather
- Cybersecurity attacks, assuming the airline was in compliance with cyber regulations.
- Removal of an unruly passenger
- An on-board medical emergency
- Airport closure due to volcanic ash, wind or wind shear
- Overheated brakes due to a safety incident that required emergency procedures
- A baggage- or cargo-loading delay due to an outage to a system not controlled by the airline or its contractor
Passenger protections remain
Airlines would still be on the hook for other “controllable” delays and cancellations like crew scheduling.
And not all maintenance issues will be exempt, so passengers should err on the side of requesting reimbursement if they get stranded — as the saying goes, “You can always ask.” You can find the full list of promises carriers have made at FlightRights.gov.
Flight trouble due to bad weather or air traffic control issues have historically counted as “uncontrollable,” and passengers must typically pay for their own expenses if they get stuck.
However, some credit cards have built-in travel insurance that can help offset those expenses.
This rule change does not affect federal refund rules. Passengers are owed a refund if their flight is canceled or significantly delayed — regardless of the reason — if they ultimately choose not to fly.
Looking ahead
The DOT had expected to implement the maintenance-related changes on Oct. 19.
However, the agency now plans to go live with the new regulation to start the new year, beginning with flights departing on Jan. 1.
You can read more about what these changes mean for consumers and the best way for travelers to protect themselves in our full breakdown of this issue.
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