New Rule Era for Flight Delays and Cancellations in the US

According to the new federal rule announced by the US Department of Transportation and slated to take effect on February 1, 2027, 10 different types of flight disruptions not under the control of airlines will be reclassified. This regulation has brought concerns that passengers' compensation and refreshment rights may experience a decline.

The US Department of Transportation announced a new regulation based on the FAA Reauthorization Act of 2024 signed by President Joe Biden. Within this scope, 10 different situations causing flight delays and cancellations will be placed into the category of events not under the control of airlines ("Section 511(b) category"). The new practice will officially take effect as of February 1, 2027.

Among the 10 types of disruptions accepted as not under the control of airlines are: aircraft cleaning required following a passenger's death, aircraft damage caused by severe weather conditions or sabotage, baggage system failures not under the airline's control, cyberattacks experienced under the condition of compliance with appropriate cybersecurity measures, and unexpected collapses in government systems. Additionally, overheated brakes requiring the use of emergency procedures, unscheduled emergency maintenance outside of the planned maintenance program, medical emergencies without airline fault, removal of unruly passengers from the aircraft, and airport closures experienced due to weather events such as volcanic ash and wind shear were also included in this scope.

The Department of Transportation stated that this reclassification aims to ensure that government delay data more accurately reflects situations that airlines can and cannot control. While airlines are expected to achieve cost savings by preventing unfair reputational losses this way, aviation law firm Crowell & Moring LLP described this step as a significant progress for the industry. On the other hand, Clint Henderson from The Points Guy stated that this could be a major blow for consumers and would reduce the total value of refreshments and compensation offered by companies.