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US airlines will no longer have to treat certain flight delays and cancellations as their responsibility, meaning fewer passengers will be eligible for meals, hotels and ground transportation. From October 19, ten types of disruption — ranging from unscheduled maintenance to medical emergencies, cybersecurity attacks and unruly passengers — will no longer be classified as airline-controlled.
The change comes from a new rule finalized by the US Department Of Transportation (DOT), which removes airlines’ responsibility under these specific conditions and reduces their obligations to passengers during disruptions.
DOT Creates New Airline Delay Category
The DOT’s new final rule will come into effect on October 19, 2026, placing ten events into a new category of delays under Section 511(b) of the FAA Reauthorization Act of 2024. The ten events cover a broad range of disruption scenarios, including aircraft damage from extreme weather or foreign object debris, the removal of unruly passengers, medical emergencies and certain system outages.
Event | What it covers |
|---|---|
Passenger death | Aircraft cleaning following the death of a passenger onboard |
Aircraft damage | Damage caused by weather, foreign object debris or sabotage |
Baggage or cargo delays | Baggage system outages outside the airline’s control |
Cybersecurity attacks | Cyberattacks (if airline complies with applicable regulations) |
Government system failures | Any systems that directly affect safe flight operations |
Overheated brakes | Brakes overheated following a safety incident |
Unscheduled maintenance | Maintenance that cannot be deferred before the aircraft can fly |
Medical emergencies | Emergencies requiring medical attention through no fault of the airline |
Unruly passengers | Delays caused by the removal of an unruly passenger |
Airport closures | Closures caused by volcanic ash, wind or wind shear |
Unlike the European Union, the US does not have a legal requirement for airlines to provide hotels, meals or cash compensation whenever a flight is delayed or canceled. However, US carriers make their own commitments to provide passengers with certain amenities when disruptions are within their control.
Currently, the ten largest US airlines all offer meal vouchers for delays of over three hours, while nine of these carriers (excluding Frontier) promise hotel accommodation for “controllable” overnight delays. The new DOT rule essentially removes several scenarios from the definition of being airline-controlled, meaning passengers affected by these events may no longer qualify for hotel, meal and ground transportation benefits. The DOT said,
“[The rule] mandates that ten specific types of events be excluded from the “Air Carrier” causal reporting code. That code is reserved for circumstances that are within the carrier’s control. This final rule creates a new reporting category to capture these ten specific events.”
What Counts As Unscheduled Maintenance?
The most notable change concerns aircraft breaking down with mechanical problems, one of the most common causes of extended delays. Under the new rules, if a problem requires unscheduled maintenance that cannot be postponed, the resulting delay will no longer be classified as being within the airline’s control.
Three conditions must be met: the maintenance has to be unscheduled, arise outside the airline’s scheduled maintenance program, and cannot be deferred before the aircraft flies. While airlines are allowed to defer some maintenance issues under approved procedures, if a fault cannot be deferred and the aircraft has to remain on the ground until it is repaired, the resulting delay will now fall into the new category.
Mechanical problems often lead to lengthy delays while maintenance crews diagnose and repair an aircraft. When such problems were classified as airline-controlled, passengers would qualify for meals and hotels, but this will no longer be the case in many instances.
What This Means For Passengers
The changes will have a significant impact on passengers, as there will now be fewer eligible circumstances to receive meals, hotels or ground transportation. This will be felt most sharply during lengthier delays of several hours or even overnight, when the cost of a hotel, buying meals and arranging transportation can quickly add up.
According to Bureau of Transportation Statistics (BTS) figures, more than half of reported delay minutes are currently classified under the ‘Air Carrier’ category, which covers delays attributed to circumstances within the carrier’s control. The ten events covered by the new rule are being moved out of the Air Carrier category and into their own Section 511(b) category.
This does not mean airlines will never cover passengers affected during such disruptions, as they could still provide meals, accommodation or transportation at their discretion. However, passengers will have less certainty that these costs will be covered.
