Ten causes of US flight delays no longer count as within the airline's control

A US Department of Transportation rule that took effect on Monday 19 October changes how airlines account for ten kinds of disruption, and the department expects passengers to get less help as a result.

What changed

Since 2002, airlines that report delay data to DOT have assigned every delay of 15 minutes or more to one of five causes, and every cancellation to one of four. One of them, "Air Carrier", covers problems within the airline's control. The final rule, published in the Federal Register on 3 September, adds a sixth category for ten events listed in section 511(b) of the FAA Reauthorization Act of 2024 and says those events may no longer be reported as the airline's doing.

The ten events are:

• unscheduled maintenance that cannot be deferred or must be done before flight, including work ordered by an airworthiness directive
• an unexpected shutdown or failure of a government system that affects safe flying
• a medical emergency that is not the airline's fault
• removing an unruly passenger
• aircraft damage from extreme weather, debris on the airfield or sabotage
• a cyberattack, if the airline complies with cybersecurity rules
• overheated brakes after a safety incident that needed emergency procedures
• a baggage or cargo loading delay caused by a bag system the airline and its contractors do not control
• cleaning the aircraft after a passenger has died
• an airport closure for volcanic ash, wind or wind shear

Why it matters at the gate

Every reporting airline that sells tickets promises free amenities, such as meals or a hotel room, in its customer service plan when a long delay or a cancellation is within its control. With these ten events outside that column, the rule itself says that "the total value of amenities and compensation currently provided by air carriers to consumers will be reduced". DOT cannot estimate by how much, because it does not know how often the ten events happen.

The broadest item is maintenance. A fault found at the gate that has to be fixed before departure is now reported separately, while maintenance problems in general still count as the airline's. What you get on the day still depends on each airline's own plan, and US federal law does not require airlines to look after delayed or stranded passengers, InsideFlyer notes.

Refunds are unaffected

The refund rules sit in a different regulation, 14 CFR part 260, and do not ask why a flight was disrupted. If your flight is cancelled, or is changed so that you leave three or more hours earlier or arrive three or more hours later than planned on a domestic itinerary (six or more hours on an international one), you are owed a refund of the fare, non-refundable tickets included, if you turn down the alternatives. Accepting the changed flight, another flight, or a credit or voucher offered instead of a refund ends that right, so decide which you want before you accept anything.

Who it covers

The rule applies to the reporting carriers, the US airlines large enough to file monthly delay data with DOT. Their flights to and within New York and Hawaii are covered.