New federal rule could leave airlines off the hook for certain delays

WASHINGTON (Gray DC) -A new federal rule reclassifies several types of airline delays as outside of airlines’ control, a change that could affect whether travelers receive compensation.

Currently, if a significant delay or cancellation is deemed within an airline’s control, most major airlines will provide compensation. The new rule, which DOT waived the public comment period before enacting, lists ten new items it will not consider under the control of airlines. That list includes “unscheduled maintenance.”

Air travel consumer advocacy groups said the change comes as consumers are increasingly stuck waiting at U.S. airports.

“Things like tarmac delays have been increasing over the past twelve months, and certainly with the amount of people who are trying to fly, with these days, because of consumer demand, that delays are something consumers are going to have to contend with,” said John Breyault of the National Consumers League.

Both the percentage of delays and cancellations increased for the 10 largest air carriers from 2024 to 2025.

Paul Hudson, a former advisor on the FAA advisory committee, said airlines are partially to blame.

“The number one cause is airlines are not keeping up with their maintenance and with the labor they need to operate the planes. Flight crews particularly,” Hudson said.

A new rule from the Trump administration would categorize “unscheduled maintenance” as outside of an airline’s control.

Hudson said the Department of Transportation also stopped enforcing a rule that fined airlines for keeping passengers on the tarmac for longer than three hours.

“We’ve seen a 66 percent increase in the last year, so we’re going back to where we were before the regulation,” Hudson said.

Hudson said the administration also stopped enforcing a rule that would discontinue flights that were significantly delayed more than half the time.

Hudson said not everything is in airlines’ control. Airlines struggle with weather, air traffic controller shortages and an aging system.

“No airports and very few runways have been built in the last 25 or 30 years. So there is a natural congestion delay that’s built into the system,” Hudson said.

The new DOT rule goes into effect Oct. 19. The department sent the statement “Congress explicitly directed DOTin the FAA Reauthorization Act of 2024 to make these changes. These 10 specific types of flight disruptions will now will be tracked in a brand-new reporting category to ensure government delay data accurately reflects what airlines can and cannot control.”